ML20154Q414
| ML20154Q414 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1980 |
| From: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Ahearne, Gilinsky, Hendrie NRC COMMISSION (OCM) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810230230 | |
| Download: ML20154Q414 (250) | |
Text
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, o,, UNITED STATES o .g- g NUCLEAR REGULATORY COMMISSION d E WASHINGTON, D. C. 20555 J %*****/
OCT 011980
[
MEMORANDUM FOR: Chairman Ahearne Commissioner Gilinsky j / i Commissioner Hendrie ,
Commissioner Bradford FROM: Carlton Kammerer, Dire Office of Congressional
SUBJECT:
COMMITTEE REPORTS TO H.R. 6390 ffairs
)(
On September 24, 1980, the House Committees on Interior and Insular Affairs and Interstate and Foreign Commerce reported different. versions of H.R. 6390. You will find attached House Reports Nos. 96-1382, Part I and Part II, which are to accompany H.R. 6390. Each report (
contains the respective committee's version of the bill and the usual explanations and additional views. [
It_ remains uncertain as to whether the House will consider a waste bill prior to the end of the 96th Congress.
Enclosures:
As stated Lb cc: EDO /
ELD., Guy Cunningham , !
(V3 wNMSS;>ilack Martin, Charles Haughney OGC, Sheldon Trubatch OPE SP
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'9&rn Concaras HOUSE OF REPRESENTATIVES R zrr. 5 fd Session ,
1882, Part I .
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NUCLEAR WASTE POLICY ACT
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Sarrtwsta 24,1980.--Ordered to be printed
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Mr. STAccras, from the Committee on Interstate and Foreign --
Commerce, submitted the following ,
y REPORT U together with .
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SUPPLEMENTAL and .::*. :::",~ ~ " .
SEPARATE VIEWS == == ,,.i.'."""
[To accompany H.R. 6390 which on January 81, 1980, was referred jointly to the '
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Committee on Interior and Insular Affairs and the Committee on Interstate and H- --we*T *Wc m-Foreign Commerce) ;..: .
[ Including cost estimate of the Congressional Budget Ofnce] _
The Committee on Interstate and Foreign Commerce to whom ;
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was referred the bill GI.R. 6390) to amend the Atomic Energy Act E
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cf 1954, and for other purposes, having considered the same, report f.tvorably thereon with amendments and recommend that the bill ~
(V7 asThe amended amendments do pass. are as follows: _ :s" SHORT TTrLE Socrzon 1. This Act may be cited as the " Nuclear Waste Policy 9 Act". E
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DEFINTTIONS Soc. 2. As used in this Act- w:" =
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(1) The term " Commission" means 2- Nuclear Regulatory =-+ - ===
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Commission.
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(2) The term " Secretary," means the Secretary of Energy. .
.. ::. -.. -r (3) The term " disposal means the long term isolation of ra- ; . . . . . . . . . .. . . . . = . . =
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(4) The term "high level radioactive waste" means spent nu- a z= :==h .. = :d..
clear fuel and the highly radioactive wastes resulting from the : E_. - = == 5==i
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reprocessing of spent nuclear fuel. Such term includes both G. " 1 liquid waste which is produced directly in reprocessing, dry .
E" -.= = GW solid material derived from such liquid waste, and such other ..?:.rc e :.. x = = = - - - _: :5:.s material as the Commission designates as high-level radioac- E =-- .._=.-..=r ---
~~~N tive waste for purposes of protecting the public health and . _
2.=_7 . .. d safety. 1
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(5) The term " transuranic waste" means material contami- -
E"= '" "1 nated with elements which have an atomic number greater .' E-!.=iE: 9" than 92, including neptunium, plutonium, americium, and 3 F ru- := ====6:. ~ H curium, which have a half life greater than 5 years, and which 1 6 :=:+ir =ls.F = 6 are in concentrations greater than 10 nanocuries per gram or ~
,=:.:.._ .== .=9 in such other concentrations as the Commission may prescribe 4 s ==;. ""-- " . . :~ f +=_;(
to protect the public health and safety. , -
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waste not classified as high-level radioactive waste, transuranie : ... ..... ] .Z""i ,' ~~~~.
waste, or byproduct material as defined in section 11 e. (2) of - .
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the Atomic Energy Act of 1954. '
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p) The term " spent nuclear fuel" means fuel that has been j [ '~'T._.. _.
withdrawn from a nuclear reactor following irradiation, the .
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constitutent elements of which have not been separated by re- <
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(8) The term " site characterization" means activities under- ' 1 taken to determine the geologie characteristics of a site and to otherwise determine if a site meets the requirements applica. <
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ble to sites for repositories. Such term includes borings, surface -
excavations, excavations of exploratory shafts, and in situ test- ,
+ l ing needed to determine the suitability of a site for a geologic i .. &
re itory, but does not include preliminary borings and geo- 1 ysical testing needed to decide whether site character:2ation s ould be undertaken.
(9) The term " repository" means any facility for the perma- ' F
.' 3.y nent disposal of transuranic waste, high level radioactive waste, or both such wastes, whether or not such facility is de.
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signed to permit the subsequent recovery of the waste placed ,
m the repository;
-._ _ . J (10) The term " Indian tribe" means any Indian tribe, band, r nation, or other crganized group or community of Indians rec-ognized as eligible for the services provided to Indians by the E-
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Secretary of tne Interior because of their status as Indians, in-cluding any A.h Native village, as defined in section 3(c) of . ch: == w - '
the Alaska Native Claims Settlement Act (43 U.S.C.1602). -
i=_ .E TITLE I-DISPOSAL OF TRANSURANIC AND HIGH-LEVEL r -
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RADIOACITVE WASTE - -..~ :- - -
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Y .5 - =i .- :. 2-TINDINGS AND PURPOSE
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Sec.101. (a) FrNorNcs.-The Congress finds that- E~ ^
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(1) radioactive waste creates potential risks and re
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and environmentally acceptable methods of disposal; quires safe ==-
, (2) the accumulation of spent fuel from nuclear power reac-tors, radioactive waste from commercial nuclear reprocessing, activities related to medical research, diagnosis, and treatment, and nuclear research and development activities, and radioac- ~= ~
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tive waste from other sources, has created a national problem; =-
(3) Federal efforta during the past 30 years to devise a per- ^
manent solution to the problems of radioactive waste disposal have not been adequate; . . . . . .
(4) the Federal Government has the responsibility to ovide ' " " ~ ~ ~
for the permanent disposal of transuranic waste and hi h-level -
radioactive waste in order to protect the public hea th and - . - .
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safety and the common defense and security; (5) the primary objective of re .. . . .
isolate them from the biosphere; positories for such waste is to (6) State and public participation in the planning and devel- ...==
opment of permanent r,epositories for the disposal of radioac-tive waste is essential m order to promote confidence among the public with regard to the safety of disposal of radioactive
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~].j, U (7) the implementation of a radioactive waste repository pro-gram in accordance with this title would provide reasonable as-surance that methods of safe disposal of transuranic waste and high-level radioactive waste can be available when such meth-ods are needed; and (8) radioactive waste has become a major issue of public con- ~
cern, and stringent precautions must be taken to ensure that ..~'
radioactive waste does not adversely affect the public health and safety of this or future generations. ~
(b) PuaposE.-It is the purpose of this title to- , p. ~ ..m. w -c - -
(1) establish a schedule for the siting, construction, and oper- r..
ation of licensed permanent repositories for transuranic waste .
and high level radioactive waste which will provide the Con-gress with a reasonable assurance that the public will be ade- ~
quately protected from the hazards posed by such wastes; (2) establish the Federal responsibility for the disposal of such wastes from nuclear activities; and (3) establish a definite Federal policy for the disposal of such p wastes.
O IDENTIFICATION OF StrES FOR REPOStrORIES SEc.102. (a) IN GENERAL.-Not later than January 1,1982, the -
Secretary shall identify and recommend to the President at least ......"-
four sites which the Secretary determines are suitable for develop-ment as repositories. A recommendation of a site shall include a detailed statement of the basis for the recommendation of the site.
If the Secretary recommends a site to the President, the Secretary .. ::=
shall notify the State Review Board of the State in which the site is =
located of the Secretary's recomroendation and the basis for such recommendation. Es. "4 :::
(b) Gumet.rNES.-Not later than June 30, 1981, the Secretary " " "" "-" M shall, in consultation with the Council on Environmental Quality, - .......
the Environmental Protection Agency, the Nuclear Regulatory
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Commission, and the United States Geological Survey,' issue guide- - - -
lines for the recommendation of sites for repositories. Such guide- 2: =
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lines shall include criteria for the elimination from consideration =:== ..-..== = = =~'=~
of sites which because of valuable natural resources, proximity to .
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.tivities, populations, or sudhotdroheophysia, seismic activity, nuclear defense eppropri-ac- ,f c_:.- ).:.:. :::.. =i er factors as the Secretary considers . . . _ . . +.=
cte would be unsatisfactory as sites for repositories. The guidehnes -
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shall require the Secretary to consider the various geologic media Bi. E= .z.;
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m which sites for repositories may be located and, to the extent = = ._.<-~~~~~~~=.;_c.
practicable, to recommend sites in different geologic media. The F i -~ T-~ . aE"~J Secretary shall use guidelines established under this subsection in 4.21:r"~~~~ . _
~~~~~"~~E~ J= a considermg sites to be recommended under subsection (a). The de- 5r:=. - .
" ~' Z TE.1 vIlopment of guidelines under this subsection shall be considered a """"
prehminary decisionmaking activity and shall not be subject to the '-" -- -
requirements of section 102(2)(C) of the National Environmental +F" - "
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Policy Act of 1969.
(c) HEARINGS.-Before recommendin any site for a repository to n= -
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the President the Secretary shall hold ublic hearings in the vicini- r :
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ty of the site to inform the residents o e area in which the site is :.-
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ments. : 7:= + .- ._ L .
(d) PRESIDENEAI, REvrEw or RECOMMENDED StrES.-(1) The Presi- - , , . _ . - - . . -
&nt shall review each site recommended by the Secretary under .:.....
subsection (a). Within 60 days after the submission of a recommen- 2. _ -J.~.: .
dation for a site, the President shall either approve or disapprove ~
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the sita and transmit his decision to the Secretary and the State -
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Review Board of the State in which the site is located.
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(2) The President may delay for not more than 6 months his deci- ~
sion under paragraph (1) to approve or disapprove a site upon de-termining that the information provided with the recommendation :
is not sufficient to permit a decision within the 60 days referred to MNN "~ ** * "
in paragraph (1).
(e) CONTINUATION OF StrE SCREENINo.-After the identification of sites under subsection (a), the Secretary shall continue to screen other sites to determine their suitability for repositories.
STrE C51ARACrERIZATION SEc.103. (a) IN GENERAL.-The Secretary shall carry out in ac-cordance with this section appropriate site characterization activi- -
g ties at each site agproved under section 102.
(b) NUCLEAR MEGULATORY COMMIS.ON AND STATE REvrEw BOARDS.-(l) Before proceeding to sink snafts at any site, the Secre-tary shall submit for such site to the Commission and to the State Review Board of the State in which the sita is located for their review and comment-(A) an environmental assessment of the nonradiological im- c-pacts of the site characterization activities planned for such site and a discussion of alternative activities which may be un- -
dertaken to avoid such impacts; and .u .-
(B) a plan for site characterization activities to be conducted at such site which plan shall include- -
(i) a descriptica of the site; . .
(ii) a description of the site characterization activities, ~ ~ ' ~ ~ ~ '
including the extent of planned excavations, plans for any ~=[ "~ [ ~ ~~ "7~~ .
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- 1 on-site testing of radioactive or nonradioactive material, *k investigation activities which may affect the ability of the .j "q :
site to isolate radioactive wastes, and provisions to control any adverse, safety-related impacts from site characteriza-tion activities; ".i
'"4 (iii) plans for decommissioning of the site if it is deter- "1 mined unsuitable for application for licensing as a reposi- "i
tory;)
(iv criteria to be used to determine if the site - is accept .
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able as a site for a repository; and =u.
(v) any other information required by the Commission.
(2) During the conduct of site characterization activities at a site the Secretary shall report to the Commission and to the State =i
- .:q Review Board of the State in which the site is located on the nature and extent of such activities and the information developed from such activities.
(c) Trsrs.-The Secretary shall conduct at sites at which site _ . .
characterization activities are being conducted such tests as may be **
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(q)necessary constructiontoauthorization provide thefor necessary data a repository for an at the siteapplication and for com-for a d pliance with the National Environmental Policy Act of 1969. The 1 Secretary shall report to the Commission on the tests conducted at """ =!
a site pursuant to this subsection and on the information developed =f:1 from such tests. 1 j
(d) RrsTRicTions.-In conductin 2 or tests pursuant to subsection (c) g site characterization activities (1) the Secretary may not use radioactive materials at a site "= 5 ~~
unless the Commission and the Secretary concur that such use is necessar,j to provide data for the submission of an applica-tion for a construction authorization for a repository at the t ~- -: - + r site:
(2)if radioactive materials are placed in a site, the Secretary .'
shall place the smallest quantity necessary to determine the .=, d..
suitability of the site for a repository, but in no event more ...,,
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than the curie equivalent of 10 metrie ens of spent fuel; and ""~
(3) any radioactive material used or placed on a site shall be . . . . . . .
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fully retrievable. ,
construction AUTHORIZATIONS ~
Src.104. (a) IN GrutnAL-1f after completion of site character-ization activities at a site- ._.
(1) the Secretary determines that the site meets the require- . . . . .
ments applicable to repositories, the Secretary shall proceed in . . . . ."~"
accordance with this section to secure approval of the site and
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a constructioz. authorization for construction of a repository at ""~
the site, or (2) the Secretary determines that the site does not meet such requirements, the Secretary shall notify the State Review Ha Board of the State in which the site is located of such determi-nation.
(b) HEARINGS AND PRESIDENTIAL APPROVAL-(l) If after comple-5 ] 2N" "~"'"
tion of site characterization activities at a site the Secretary deter- .=c:
mines that the site meets the re uirements applicable to reposito- '
"4 ries, the Secretary shall hold pu ic hearings m the vicinity of the . . . . . .
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site to inform the residents of the area in which the site is located of the determination of the Secretary and to receive their com-ments. II upon completion of the hearings the Secretary affirms Ee"" -
the determination, the Secretary shall submit to the President a . . . .
recommendation that the President approve the site for the devel-opment of a repository.
(2XA) The President shall review each site recommended by the Secretary under paragraph (IXB), and, within 60 days after the .
. submission of a recommendation for a site, the President shall either approve or disapprove the site and transmit his decision to the Secretary and the State Review Board of the State in which the site is located.
(B) The President may delay for not more than 6 months his de. -:
cision to approve or disapprove a site upon determining that the -
information provided with the recommendation is not sufficient to permit a decision within the 60 days referred to in subparagraph (A).
(c) Susuission or APPLICATION.---(1) If the President approves a p:.
site for a repository under subsection (b), the Secretary shall apply g" ....
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to the Commission for a construction authorization for construction of a repository at the site and shall provide the State Review Board f5 Eg3=
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of the State in which the site is located a copy of the application.
E (2) Not later than January 1,1986, the Secretary shall submit to E = -
the Commission an application for a construction authorization for E-the construction of a repository.
(d) Couurssion Actron.-(1) The Commission shall consider an 5
p application for a construction authorization for the construe..on of Fi; -
a repository in accordance with the laws applicable to such applica- E -
tions, except that the Commission shall issue a final decision a i:! ===
proving or disapproving the first such application not later than p-(A) January 1,1990, or , , . . . . :~ ~
(B) the expiration of four years after the date of the submis- r:
sion of the application, I .'
whichever occurs later. In ==
(2)If the Commission approves an application for a construction E '
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authorization for the construction of a repository, it shall- F ^
(A) notify the Congress of the approval of such application E . . . . . .
and include in the notice a detailed statement of the reasons F ===
for approval of the application, and F (B) notify the State Review Board of the State in which the F= ==
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E repository would be located of the approval and include in the h '"' ~
notice a detailed statement of the reasons for approval of the 5 :.
application.
(3)If a State Review Board of a State petitions the Congress for b
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the disapproval of the construction of a repository for which a con- Es
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struction authorization has been granted by the Commission, the F!:
Commission shall provide the Congress with such information re- :5 specting the construction and proposed operation of the repository as the Congress may require.
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CONGRESSIONAL DISAPPROVAL Sze.105. (a) IN GENERAL.-(1) If the Commission grants a con- "" == '" ~"
struction authorization for the construction of a repository and a .
State Review Board of a State petitions the Congress, in accordance j;,....
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l with section 106(b), for the disapproval of the construction of the .,[~ ==
- r:pository at a site within the State, the repository may not be con-structed at the site if, during the first persed of 90 calendar days of continuous session of the Congress after the date of the receipt by the Congress of the petition submitted by the State Resiew Board, the Congress passes a concurrent resolution stating in substance ==.
that the Congress disapproves the construction. A petition shall be =
considered to have been received by the Congress on the date of its ...=
receipt by the Speaker of the House of Representatives and the President pro tempore of the Senate.
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(2) For purposes of paragraph (1F- . . . . .
(A) continuity of session is broken only by an adjournment of ~~"
i the Congress sine die; and (B) the days on which either House is not in session because
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of an adjournment of more than 3 days to a day certain are ~
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excluded in the computation of the 90-calendar-day period.
(3) For purposes of this section, the term " concurrent resolution" means a concurrent resolution of either House of Congress the matter after the resolving clause of which is as follows: "That the tn! Congress does not approve the construction of the repository for
" which a construction authorization was granted b,v the Nuclear Regulatory Commission on , 19 ." with the blank spaces being appropriately filled. - --
(4) This section is enacted by the Congress- -
(A) as an exercise of the rulemaking power of the Senate and _
the House of resentatives, respectively, and as such, it is deemed a part o the rules of each House, respectivelv, but ap.
plicable only with respect to the procedure to be followed in that House in the case of concurrent resolutions defined in paragraph (3) and it supersedes other rules only to the extent t.- . .. --g- ~ ~ .,~ -
that it is inconsistent w2th such rules; and (B) with full recognition of the constitutional right of either =_=
House to change the rules (so far as they relate to the proce. -
dure of that House) at any time, in the same manner and to :9E the same extent as in the case of any other rule of the House.
(b) RrrrRRAL Ah*D DISCHARor.--(1) A concurrent resolution once +
introduced with respect to the construction of a repository shall im-mediatelv be referred to the appropriate committee or committees
/7 of the I-Iouse of Representatives and Senate (and all resolutions -
==
V with respect to such construction shall be referred to the same committee or committees).
(2XA)If a committee to which a concurrent resolution respecting the construction of a repository has been referred has not reported "
it at the end of 20 calendar days after it was received by the House involved, it shall be in order to move to discharge such committee . . . .
from further consideration of such concurrent resolution, to dis- ~= "=
charge such committee from further consideration of any other ==
concurrent resolution with respect to such construction which has . :==
been referred to the committee, or to discharge such committee ==
from both. ==
(B) A motion to discharge a committee from consideration of a =-
concurrent resolution respecting the construction of a repository - " " ~ '
"E may be made only by an individual favoring the concurrent resolu- y .m.,
tion, shall be highly privileged (except that it may not be made ...._====
cfter the committee has reported a concurrent resolution with re- . . . = . . . . ~~~~"... <=.
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spect to such construction), and debate thereon shall be limited to , f not more than one hour, to be divided equall between those favor- . . . . .3 ing and those opposing the concurrent resol tion. An amendment _..~ li.d "
to the motion shall not be in order, and it shall not be in order to ._.
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move to reconsider the vote by which the motion was agreed to or ... - . . . _ ?)
h motion to discharge is agreed to or disagreed to, the ! :II motion may not be renewed, nor may another motion to discharge "= - 9 the committee be made with respect to any other resolution with m.{
respect to the same construction. as (c) CONSmERNr!ON.-(1) When all committees to which the con- r......
current resolution was referred have reported (or have been dis- ces charged from further consideration of) a concurrent resolution, it =l shall be at any time thereafter in order (even though a previous . . .' "j motion to the nme effect has been disagreed to) to move to proceed ,... . . . .
'o to the cercideration of the concurrent resolution. The motion shall (!-; #{
be highly privileged and shall not be debatable. An amendment to h ":
the motion shall not be in order, and it shall not be in order to E ---
move to reconsider the vote by which the motion was agreed to or 12 ""'Ti ill.?l disagreed to. E. :-::= ...:::: *
(2) Debate on a concurrent resolution shall be limited to not f"l . ./
more than 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />, which shall be divided equally between those E ;;:
favoring and those opposing the concurrent resolution. A motion to i"l ;;j limit debate shall not be debatable. An amendment to, or motion to F :-
recommit, the concurrent resolution shall not be in order, and it ?!. -"r c.
=f shall not be in order to move to reconsider the vote by which such E!! ~
concurrent resolution was agreed to or disagreed to. i# d M
(d) MISCE.1.ANEOUS.--(1) Motions to postpone made with respect ?!i to the discharge from committee or the consideration of a concur- 1 rent resolution and motions to proceed to the consideration of ---e+-- +m--~~+
.other business, shall be decided withcut debate. -
2:
L (2) Appeals from the decision of the Chair relating to the applica- ~"
tion of the rules of the Senate or the House of Representatives, as L the case may be, to the procedure relating to a concurrent resolu- E tion shall be decided without debate. i (3)If one House of Congress receives from the other House a con- F l current resolution respecting the construction of a repository, then E the following procedure applies: F ?.F 31 -
(A) The concurrent resolution of the other House with re- E- :!--
3 -
spect to such construction shall not be referred to a committee. ::!.
(B) With respect to the concurrent resolution of the first E;.
House with respect to such construction- E :.
(i) the procedure with respect to that or other concur- E. E rent resolutions of such House with respect to such a pli- E; -
cation shall be the same as if no concurrent resol lon ": "
i from the other House with respect to such request had $" . . . . . . . .
i been received; but er- W (ii) on any vote on final passage of a concurrent resolu- =
.. . =l tion of the firr,t House with respect to such construction a concurrent resolution from the other House with respect E ..=
to such constmetion where the text is identical shall be . . . . . .
Er auton3atically substituted for the concurrent resolution of * " lii ""9 'n'"" P "
l the first House. =.:
5
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STATE REVIEW BOARD 6 'i!5=-
l
- SEC.106. (a) DEnNmoN. --(1) For purposes of this title, a State Review Board of a State is an entity of the State created under . . . . .
~~~
State law with the authority described in paragraph (2) and the ==
c:mposition prescribed by paragraph (3). ==
e (2) A State Review Board shall be authorized under State law to-(A) review activities under this title and activities of the =
Commission with respect to any site in the State for a reposi- . . . . .
tory to determine the potential economic, environmental, social, and public health and safety impacts of the repository --
on the State and its residents, (B) be a representative of the State in any, proceeding before the Commission respecting a site for a repository in the State, and . . . . . . .
(C) submit, in accordance with subsection (b), to the Congress '"""=
petitions requesting the Congress to disapprove, in accordance "".;- -
with section 105, construction of repositories in the State.
m (3) The members of a State Review Board shall represent the == .
I V g:neral public in the State and,if any action has been taken under this title with respect to a site in the State for a repository, the Indian tribes and local governments which would be affected by - =-
the repository.
(b) PermONS TO CONGRESS.-lf an application for a construction authorization for the construction of a repository in a State is ap- "=
proved by the Commission, the State Review Board of the State may submit to the Congress a petition for disapproval, in accord- .u.,.=
~ ~ ~
ance with section 105, of construction of a repository under the permit. A petition respecting construction of a repository may be submitted not later than the 30th day after the date the Commis- i ~_. . _, v..e . .. .
sion transmits to the Board its decision granting a construction au- ==
thorization for such construction. The petition shall contain a de- E."..1
~ " " ~
tailed statement of the reasons of the Board for seeking disapprov-l
. al of the construction. === '
l (c) FINANCIAL, ASSISTANCE.-(1) Subject to paragraph (2), and to -
=-
the availability of funds to carry out this paragraph, the Secretary ~-.
=
shall make grants to the State Review Boards of each State in -
which a site for a repository has been approved under section aph shall be made under weh j O 102(d).and d terms Grants under this conditions as t$arheretary e may prescribe. and the =
- iig.it; amount of funds provided a Board under this paragraph in any -
_2 fiscal year may not exceed 75 percent of the costs of the operation ._;
~
of the Board in such year as determined by the Secretary. . . . . . ."~
(2) A State Review Board may not receive any grant after the ex-piration of one year after-(A) the date the Secretary notifies the State Review Board ~".......
under section 104(aX1) that a site in the State does not meet . _.:
=-
the requirements applicable to repositories, l
(B) the date the President notifies the State Review Board - CZ: 12#:
~ " " ~
under section 104(b) that the President does not approve a site . . . _
3::" =~
in the State for a repository, or " "? '""
" "' 59:#
(C) the date on which the Commission disapproves an appli-cation for a construction authorization for a repository at a site fj s _
=:(
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in the State, _
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.!J C J..y whichever occurs first unless there is another site in the State ap- '
"=El proved under section 102(d) with respect to which the actions de- >
"="f scribed in subparagraphs (A), (B), and (C) have not been taken. ,;
mDICIAL REVIEW OF AGENCY ACTIONS R Sze.107 (a) IN GENERAL.-Notwithstanding any other provtsion of law, the actions taken by the Secretary to recommend a site for ::E approval by the President and in connection with the site charac- :;
terization of a site, any actions taken by the Commission in grant-ing or denying any construction authorization application submit-ted under section 104 or for any operating permit for a repository,a 2-r
==
cial review except as authorized by subsection (b).(b) JtrmCIAL E""
Rrvrrw or
--= .
review of an administrative action described in subsection (a) may fi::f be brought not later than the 180th day following the date ofi:?sucfi c.-.-. ,
i= .r,,, . . . . . . . . .
action, except that the court referred to in paragraph (2) mayexten
~
Ej
~
E ..
.. sr. .: l mines that the facts on which the civil action is based were E9 not G E1 reasonably available within the applicable ISOday E; .sE time limit.(2) A civ 1
..j action shall be barred unless a complaint is d]ed before the expira. k ~ll a
tion of the time limit prescribed by, paragraph (1) in the United :J.
~ - -
...;;;q States Court of Appeals for the District of Columbia Circuit, or anyacting :: 3=*
as a special coun. No other court of the United States, he Dis-or possession of the United States, or of t
{M . .
- .. =~=
State, trict of territory,ia, Columb shall have jurisdiction of any such civil action.
. ) -- ~ - -
e.~.
EXPEDrrED AUTHORIZATIONS
" ~
E:
SEC.108. (a) IssvANCE OF AttraonIzATroNs.-(1) Subject to para- p graph (2), to the extent that the taking of any action ER
- related toa=thec a repository under this title requires a cenificate, right of way, mj permit, lease, or other authorization from a Federal officer or Ezz h '
==
agency, such officer or agency shall issue or grant Ec E any such autho ;; -
the applicable provisions of law administered by such officer or i.$7; r j
E.
r
== "
+jR agenev. All actions of a Federal officer or agency E with respect toconsi of any such authorization shall be expedited, and any such applica- e tion or request shall take precedence over any similar applications h ==
or reouests not related to such repositories. f (2) The requirements of paragraph (1) shall not be applicable in p the case of any action related to any permit or other authorization p 1.gg .
issued,or, granted by, or requested from, the Nuclear Regulatory E: =. c.
Commission. ~
(b) TEaus or AUTHORIZATIONS.-Except as provided in the second sentence of this subsection, nothing contained in this section shall &
be construed to impair the authority of any Federal officer or m. . . = .,,;.,. ..':.
agency to add to, amend, or abrogate any term or condition includ-
~
ursuant to subsection ==
ed in anb authorization issued or grantedaction is otherwise permitted unker == app )
(a) if sue == .=
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ministered by such officer or agency. In the case of any such action :
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c .si.t no.
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11
. which is permitted but not required by law, the Federal officer or =.=
ag;ncy shall have no authority to take such action if the terms and ='-
conditions to be so added, or as so amended, would have the effect of terminating the characterization, construction, or initial oper- """~=
etion of the potential or permanent repository which the authortza- =,
ti:n affects. -
SCHEDULE FOR CERTAIN STANDARDS AND CRITERIA , ,
SEC.109. (a) EPA STANDARDS.-Not later than November 1,1981, ""'
tha Administrator of the Environmental Protection Agency, pursu-
==
ant to authority under other pcovisions of law, shall, bv rule, pro-mulgate generally applicable standards for protection of the gener- =
al snvironment frorn radioactive material. ==
(b) CRrrERIA.-Not later than November 1,1981, the Commission, pursuant to authority under other provisions of law, shall, by rule, promulgate criteria which it will apply in reviewing under the
=..=. =r*
], Atomic Energy Act 1974, applications of 1954 and for construction the Energy authorizations for the Reorganization construc- Act of tion of repositories.
AUTHORIZATION OF APPROPR' ATIONS; CONTRACT AUTHORrrY '#" ='
SEC.110. (a) AUTHORIZATION.-There are authorized to be appro. =::=:
priated to the Secretary to carry out this title $5,000,000 for the . . . . . . .
'~
fiscal vear ending September 30,1981.
==e (b) DONTRACTs.-The authority of the Secretary to enter into con- ~~
trzets under this title shall be effective for any fiscal year only to , =.
such extent or in such amounts as are provided in advance by ap- p ._..,._%.g w_ .
propriation Acts. .......
TERMINATION OF TITLE
" " " ~
SEC.111. (a) SECTIONS 107 AND 108.-Sections 107 and 108 shall cease to have effect at such time as the Secretary commences li-censed commercial operation of at least one repository.
(b) REMAINDER OF TrrLE.-The provisions of this title, other than sections 107 and 108, shall cease to have effect after December 31, 1999.
Qm TITLE II-LOW-LEVEL RADIOACTIVE WASTE low LEVEL RADIOACTIVE WASTE DISPOSAL =- d SEC. 201. (aX1) It is the policy of the Federal Government that- "" ~==5.... ..
(A) each State is responsible for the dis,posal of non Federal low-level radioactive waste generated within its borders; "a ~~~
(B) non Federal low-level radioactive waste can be most :._..
~~
safelv and efficiently managed on a regional basis. . . . . . . . . 5 (2)(A) 'To carry out the policy set forth in paragraph (1), the M=
States may enter into such compacts as may be necessary to pro-
...=:=""" - " ' - " - " ' " "...
"-" ~ ~ " ~ ~
vide for the establishment and operation of facilities for the dispos-al of low level radioactive waste.
(B) A compact entered into under subparagraph (A) shall not . . . . -
take effect until the Congress has by law consented to the compact. _ 2..P =
Each such compact shall provide that every 5 years after the com- ~=M :
- = ~
. ::. =
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pact has taken effect the Congress may by law withdraw its con-
" " " " - " ' ~ ~ " - " - " - - -
sent. After January 1,1987, any such compact may restrict the use _ " " " " " ~ = = = = =
of the regional disposal facilities under the compact to the disposal = = ~ = ~
'=" '=
of non Federal low-level radioactive waste generated within the ~"- ~=';====- '
region. f = = 5 4:= =-re.-= = - ~"~"-...=c-(bX1) In order to assist the States in carrying out the policy set = m.J. ~Z
^
forth in subsection (aX1), the Secretary shall prepare and submit to .
Congress and to each of the States within 120 days after the date of t " W"- J.1+# r . - - ._ ._ _.; ._..
' f.ti . : ._. ..__.. ~
the enactment of this Act a report which-L
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(A) defines the disposal capacity needed for present and future low-level waste on a regional basis; _ L._.__ s. .- =.:: _. ..=~fllr. ]. .. .
r .._ _ _ . . _
r __.: :. . _ ' "
(B) defines the status of all commercial low-level nuclear .+ ". . . .
waste disposal sites and includes an evaluation of the license
..= ...;..."!l.J1 status of each such site, the state of operation of each site, in-an analysis of the adequacy of dis- J ' ~~ -~" 1. u Jr.J.L.
~~ .~f.
cluding operating history,d at each site to contain low-level -
~" ~ " " " " " ~ "
posal technology employe wastes for their hazardous lifetimes, and such recommenda-tions as the Secretary considers appropriate ta assure protec- "T.=.~~_'.335-.1;D.,j=
'~~ ' - - - - ~ =
tion of the public health and safety from wastes transported to such sites;
"= ~.- = = - "
1= ~ VJ+' N.
(C) evaluates the transportation requirements on a regional -
basis and in comparison with performance of present transpor- c
=.*- --
tation practices for the shipment of low-level nuclear wastes, including an inventory of types and quantities of low-level
-6 : -
. wc , , . 7 -..
wastes, and evaluation of shipment requirements for each type .
of waste and an evaluation of the ability of generators, ship- e pers, and carriers to meet such requirements; and (D) evaluates the capability of the low level waste disposal .
I facilities owned and operated by the Department of Energy to
_ amw _ ; m provide interim storage for commercially generated l'ow level -
waste and estimates the costs associated with such intertm I storage.
1 (2) In carrying out his subsection, the Secretarv shall consult with the Governors of the States, the Nuclear Regulatory Commis-sion, the Environmental Protection Agency, the United States Geo-logical Survey, and the Secretary of Transportation, and such other agencies and departments as he finds appropriate.
(3) This subsection does not authorize appropriations for the fiscal year ending September 30,1980. .
URANIUM MU L StrE AT EDGEMON'T SEc. 202. (a) The Secretary shall undertake an investigation to determine whether Federal funding is appropriate for 90 percent of ' ~~ -
the cost of any stabilization, decommissioning, and decontamina- .
l tion action necessary in connection with the uranium mill tailings f.
l l site owned by the Tennessee Valley Authority and located at Edge- - ~~- r I mont, South Dakota. The investigation shall take into considera- -
'= E l ----
I tion whether such tailings resulted all or in part from activities :
- 4 ,W *+' C E~=-
conducted under Federal contract; and shall include an analysis of .
..==:- --.
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the total costs which would be required to undertake such actions - - ' ~4 =<- r 2 with respect to such site, including the costs of acquiring and man- ,. ._.-
aging any disposal site and facilities which may be necessary for r
- c. _ ~ .. n_ _ . -
disposal of radioactive materials removed frorn the site. .. . ; -l-=. ..
m = $ :a ". L -~~-.- - ;
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==..i:i (b) Not later than 120 days after the date of the enactment of this section, the Secretary shall complete the investigation pre- 1 scribed by subsection (a) and shall submit a report to the Congress of the results of the investigation. The report shall include an . ,.;::.
cmmendation for legislation to provide for Federal funding.y Any rec-such recommended legislation shall be consistent with the provi-sions of the Uranium Mill Tailings Radiation Control Act of 1978. .._..?
The report shall also contain the comments and recommendations ' " " "
cf the Tennessee Valley Authority. t . . .. ..
~~"
(c) This section shall take effect October 1,1980, or the date of the enactment of this Act, whichever is later.
Amend the title so as to read: ==
A bill to establish licensed permanent repositories for transuranic waste and high- ......
level radioactive waste, to authorize State cornpacts for the establishment and oper- ~"~
ction cf regional repositories for low. level radioactive waste, and for other purposes.
PURPOSE OF THE BILL
=r::.
(7 The purpose of the bill is to establish licensed permanent reposi-v tories for transuranic waste and high-level radioactive waste, to au- . . . _
"~"
thorize State compacts for the establishment and operation of re- ==
gional repositories for low-level radioactive waste, and for other purposes. _
==
LEGISLATIVE BACKGROUND On January 31, 1980, the Honorable Morris K. Udall introduced =="
H.R. 6390, which was referred jointly to the Committee on Interior -
. . . . . ---e end Insular Affairs and the Committee on Interstate and Foreign ' """
Commerce. V~~ " "~~# # ~* * *" W =
cOMMrrTEE ACrlON ;51;; _
On January 31, 1980, the bill, H.R. 6390, was introduced by the ~~t =
Honorable Morris K. Udall, and was referred jointly to the Com- -
mittee on Interior and Insular Affairs and the Committee on Inter- :=
state and Foreign Commerce. -
On Julv 25 1980 the Subcommittee on Energy and Power con- =~
A ducted a hear,ng i on,the bill. On August 19,1980, the Subcommittee -
O considered the bill and ordered it reported to the Committee, as . . . . . . . .
- "=
amended, by voice vote. On August 26, 1980, the Interstate and -
EF Foreign Commerce Committee met in open session and considered EE the bill. Then, a quorum being present, the Committee by voice
' ==
vote ordered the bili reported with amendments.
The Committee hearings on this legislation are discussed infra at the section entitled " Committee hearmss". px we
~~~
SUMMARY
OF H.R. 6390 =u H.R. 6390 establishes a program within the Department of -
Energy relating to the estabhshment of a full scale licensed reposi- :.m _ ...
tory for the disposal of radioactive waste and creates a program for "-~~ "-" .,,,.- - - - -,,
the disposal of low-level radioactive materials. ' ;::: . . . .
The bill directs the Secretary of Energy to recommend to the =E
" ~
President, by January 1,1982, at least four potential repositories sites. The President then has 60 days to consider the recommenda- ==
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tions and decide if the Secretary should undertake site character- 3;g l ization activities at any or all of the designated sites. Prior to making any recommendation to the President the Secretary is di-rected to hold hearings in the vicinity of eacit site to inform "~'
==
)
a potential repository and to receive their comments.
Before sinlung any exploratory shafts in the course of site char-acterization activities, the Secretary must submit specified infor-mation to the Nuclear Regulatory Commission and ~_the S the Secretary is prohibited from story Commission concurs that the such siteuse unless the Nuclearto is necessary Reprovid data for the submission of an ap.
plication for a construction authorization. if the placement of such waste is determined to be necessary, the Secretary is to place the smallest quantity necessary, but in no f_6event more than t u. .z materials placed at such site shall be fully retrievable. ~ e If, on the basis of site characterization activities and public ill hear- !==
ings, the Secretary determines that the site is suitable for[:J use as athe Secretary
=$+5 is t
full scale licensed repository, dent that a repository be constructed != . . . . .~~
recommendation at that site. The to the Presi President has 60 days to consider the Secretary's
[T == "s recommendations. If the President approves the Secretary's recom- i=
mendations, the Secretary is directed to apply to the Nuclearf E Regu-latory Commission for a construction permit and to supplyi>.4 the
~~"
l State Review Board with a copy of the application. The Secretary is directed to submit an application to the Nuclear Regulatory Com- i+:
F is di-l mission not later than January 1,1986, and the Commission rected to issue a final decision approving or disapproving an appli- 4 - . ~ - '~'
cation by January 1,1990, or by the expiration of four years after . . .
["
the date of submission of the application, whichever E isE later.If the Board has 30 days to petition Congress to disapprove the construc- E tion of a repository at the designated site. The Congress would !. then consido the State Review Board's petition under expedited proce- E dures .. .Sar to (Ue contained in the Energy Policy and Conser-F .
vation Act, and the State's position could be upheld only if both W f{
F "WJ Houses of Congress acted in favor of the State's E petition.The .....:=
bill ve and meeting the requirements contained in the bill, with the au-i, " " '
thority to review the activities of the Secretary and the Commis- L sien m regard to the selection of a site and the design, construction E:
and licensing of a repository which is to be located within the E' bor-ders of the State; to be a representative of the State in any Com- L.
mission proceeding; and to submit on behalf of the State a petition E" to the Congress to disapprove the construction of a repository
- - within the State. The Secretary of Energy is authorized to make JeE %
grants to the State Review Board providing up == E to 75 pe tions as the Secretary may prescribe'dited judicial review which re-*!!
The bill also provides for an expe
" " - + =+e e- ;;
c.=
quires that any review of an admmistrative action relating EE =~
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/s g d W 15 action is to be brought in the United States Court of Appeals for *
- the District of Columbia. -
The bill also directs all Federal agencies, other than the Nuclear "r"'
Regulatory Commission, to issue or grant any required certificate, license, lease, right of way, permit, or other authorization needed to construct or operate a repository at the earliest practicable date, to the extent permitted under the applicable provisions of law admin-
,= -
istered by suchisagency,ke such application to ta precedence over other applications or re-and further requires that consider quests not related to the repositories. However, nothing in this bill is to be construed to add to, amend or abrogate any term or condi-
tion included in an ed Federal agency. y authorization issued or granted by any affect-
""=
The Environmental Protection Agency is directed to promulgate . . . . . . .- " '
general applicable standards, pursuant to its existing authority, for the protection of the general environment from radioactive materi- '"-"
als by November 1,1981.
The Nuclear Regulatory Commission is directed, pursuant to ex- n""- -+
f-(') isting Atomic law, Energy to promulgate criteria Act of 1954 and which the Energy will applyAct Reorganization under of the 1974, in reviewing applications for construction authorization for ==
the construction of repositories.
The bill also establishes a low-level radioactive waste manage- ~
ment program and vests in the States the responsibility for dispos-ing of non Federal low level radioactive waste within the State's _
border and establishes a program to encourage the regional man-agement of such radioactive waste. Under the provisions, the :ii= ~
States are authorized to enter into compacts which may be neces-sary to provide for the establishment and operation of facilities for the dispal of low level radioactive waste. These compacts are ._, my% ,
be reviewed and approved by Congress and are to provide th,to at every five years after the compact takes effect the Congress has the authority to withdraw its consent. After January 1,1987, any such compact may restrict the use of a regional disposal facility under -
==
the compact to the disposal of non Federal low level radioactive 7==
waste generated by the signers of the compact. The Secretary is di-rected to submit to the Congress, within 120 days after the date of enactment of this Act, a report containing certain information D s pecified in the Act. - -
d The bill also directs the Secretary to study the uranium mill tail-ings site of Edgemont, South Dakota.
==
~"
COMMrrrEE HEARINGS Committee consideration On July 25,1980, the Subcommittee on Energy and Power con-ducted a public hearing on H.R. 6390 and H.R. 7418. A total of thir-teen witnesses appeared before the Subcommittee. The witnesses ...==
included the Honorable Butler Derrick, a Representative from the State of South Carolina, the Chairman of the Nuclear Regulatory Commission, representatives from the Environmental Protection -
" "= M'" "77 Agency, the Department of Energy, the American Nuclear Energy Council and the Environmental Policy Center. . _ . . . . . .'~
..=
. ~
The NRC described a number of elements which it determined are needed in any comprehensive bill on waste management. These ==
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w -= , 3 . . . ..; -"":E ""' [. T .i. 16 elements included (1) an extension of the NRC's regulatory authori-ty,(2) a multiple site characterization process prior to selec waste, includm' g spent fuel, (3) a multistep repository heensing pro-cedure for full State participation in the repository licensing proce-term sto ; dure, (4) longditional provisions concerning the disposal of non-de-(5) certain ad - fense related low level waste. The Commission contended that any comprehensive waste man. agement legn'slation should clearly specify what extension, if, an '
"~~
any pilot program which focused on a few specific DOE waste man. agement activities, but not including defense related waste, should be established to test the feasibility of extending NRC regulatory authority on a consultive basis to DOE waste management activi- p:. - ties not prersently covered by the NRC's licensing authority. Ind - regard to multiple-site characterization, thei ... Commission sugge ..: :.
..uME= ,
tailed site characterization and, finally, construction, emplacementE .. . _.. E.; ~ ' Mrw of waste, and closure of the full-scale repository, if in the site chara 2 five promising candidate sites, E.M. ::. . .
' " ~
Under the NRC's suggestion, the Agency's formal licensing pro. 5: cedure would not begin until the Department of Energy applied[E for ~ -
. authorization to construct a repository of a specific design at aI:ides-ignated site. However, there would be informal NRC involvement ff! "== 2 in the site characterization effort. The formal NRC licensing proce- E '
dure that was outlined in the Commission's proposed rulemaking,iE == = - and which is recommended by the Commission, would consist of ; -m .. . . three major steps; construct on authorization, authorization to I ~ - begin waste emplacement, and authorizationE J..:. for final repositorycl ~ oppose incorporating specific new standards, criteria, or design it
== x.a specifications since that would restrict its ability E to revise the crite
'"~
ic.
.==
perience was gained. E: "= A key part of the entire waste management program must in- E "=" W un-"= - volve state participation. The Commission testified that it believedE : that a state should be allowed to object to the siting of a waste fa- f.7. Esh.J - E cility within its borders but only after the NRC E hearing process ha . 97 . . .
~
l before the NRC licensing process was completed, it would create a f;
=
presumption that Congress had approved that particular site.FThe ~"
. = .
NRC specifically testified that they oppose,dI"%this provision in the
~
="-
that it believed that including a long-term retrievable storage com- N . ponent in an overall waste management strategy would be accept- E==" able. The Department of Energy witness testified that the Department '" had plans for at least four or five sites in at least three different ._....
"~" m..
geologic media to be characterized by 1985. This m.
~E"'""-" assumed that su sinking exploratory shafts at every potential site and that a waste -
management program would be carried out in full compliance with . the National Environmental Policy Act. The Department did indi- . . . . - . E..N f : ll"' E- / ?.*/. , , . . , ,
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[~ q cate that it was its view that proceeding with unlicensed facilities "g
' ct potential repository locations as proposed by H.R. 7418 (as re- . . . . .
"=i ported by the Committee on Science and Technology) could compro- i mise those sites for later consideration as a full scale repository. It =l pointed out that this is the case since the NRC is expected to re- ====.1 J
quire early involvement in all activities for sites subject to future licensing. "The absence of this involvement could lessen the likeli- d1 hood of NRC approval of unlicensed demonstration repositories for .,,.,. s full scale development. The Department also expressed the concern . 7.1 that a major problem with H.R. 7418 was the absence of a long- ~T
.l.
term program and the reduced emphasis on a broad scientific basis . . . . needed for subsequent licensing of full-scale facilities. It took the 3 position that "it is essential that we develop an understanding that 9 important technical issues are being properly addressed and that =._ l selection of sites for geologic repositones is based on their suitabil- __."lj ity and not on some arbitrary rec;uirement to meet the needs of a :iiiiiia near term technology demonstration." The Aduinistration advised ~====y this Committee that it is opposed to the major redirection of the O President's program that H.R. 7418 would entail. It was the Ad- = uni O ministration s view that the net effect of H.R. 7418 would be to delay, not accelerate, the date of the first full-scale repository. ~;;;;;.1 The witness _ speaking on behalf of the American Nuclear' Energy =? Council, the Edison Electric Institute, and the Utility Nuclear ~~
"1 Waste Management Group, advised the Committee that during 1979,72 nuclear power plants supplied the energy equivalent of the T.. =4 total Alaskan region oil production during that same year. By 1985 '
the share of electricity produced by nuclear energy should increase ===. to approximately 20 percent of national generation as plants un- :=d cergoing construction are completed or licensed to operate. The electric output of these plants would yield about 3 million barrels n.r. .-~.- u.~ r ~ um of oil equivalent per day. The witness indicated that one element ,- -- essential to a waste policy program was the establishment of a de- q finitive program plan with appropriate milestones, reflecting the "x F+7e specific decision responsibilities of the approp'riate government agencies. He testified that it was his association s firm belief that . . _
"a Congressionally mandated directive to the Administration to ==g take timelv and constructive actions on the waste program is one -
5.j essential element of restoring public confidence in the govern- E6 n U ment's commitment to resolve the waste problem." He indicated that the limited sharing of information within the Federal agencies
=l in the past had substantially contributed to the delays in establish- d j
ing an effective program to date. The witness testified further that his organization believed an ......
. opportunity for constructive State participation is an essential ele- """; '
ment of the Federal Weste Management Program. He added, how- =* ' ever, that an outright State veto was not in the national interest even if such a veto were coupled with a Federal override by the =... J President or Congress. Drawing from' the 1978 amendments to the .. l Outer Continental Shelf Lands Act, his organization developed a set of principles: (1) Potential host States should be able to partici- 2E == "! pate early in the siting process but should not be able to prevent a . . . .
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Federal agency from performing exploratory work to identify favor- E"_ . . . _ ~ ~ " ' ..~~"- "-"... ...": . .a able national repository sites: (2) Federal assistance should be pro- i::g;.?,2<. vided to the potential host States to allow them to participate in == the siting process in an informed and constructive manner; and (3) ="~l
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- mental protection, health and safety issues, or fiscal or social im- + g pacts. The Federal agency, in turn, should advise the State in writ- .=- .- , q mg of the reasons for its determination to accept or reject a State's recommendations or to implement any alternative means identi-
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fled. With respect to the problem of low level waste, it was pointed out that about 57 percent of low-level waste results from activities ? "l other than the generation of electricity from nuclear energy. For _ . . _ 1 this reason, he advised going slow on a program of using existing =]
'"q l nuclear generation plants for low-level waste processmg. He also ~" j testified that he did not believe Federal legislation is needed to L enable waste processing activities at power plant sites. If any im-pediments exist, they would arise only from potential regulatory i
*:: J restrictions. {: :- N BACKGROUND AND NEED 37
'"" 3 Any activity, be it military, commercial, medical or research, E ;
which produces or uses nuclear materials generates wastes which E: are radioactive. Although they may be in the form of a liquid, E 4 solid, or gas, all radioactive wastes have one outstanding feature in E common: as long as they remain radioactive, they are potentially $ ~" J. biologically hazardous. High-level radioactive wastes are the most E ff === potentially hazardous. Some high-level radioactive wastes remain toxic for centuries, and a few remain toxic for hundreds of thou- E ] sands of years. All high-level radioactive wastes are man-made. t "" ~ " "~ " ~~" There is one more outstanding feature that all high-level r'adioac- """ tive waste have in common: to date, there is no proven method for F dis sing of high-level radioactive waste in a safe and emironmen-tal y sound manner. It was less than 38 years ago that American scientists induced R the world's first continuing, self-sustaining nuclear chain reaction, : and, in so doing, produced the world's first high-level radioactive :. : _ waste. For almost four decades now, government policies have al- E: lowed an ever increasing quantity of radioactive materials to be E MY generated without having first demonstrated that such materials E M .' can be disposed of in a safe and environmentally sound manner. As fi ...- a result, there are today stored in various parts of the country, ff n 9,300,000 cubic feet of high level radioactive waste and 1,225 kilo-grams of transuranic wastes. In addition to the high-level radioac- E tive waste, there are also over 2,500 metric tons of spent fuel, EE in^ which contain many highly radioactive materials, stored at reactor f:;4 sites throughout the nation. Over 65 million cubic feet of low level gr. == s:.: waste has been produced. Additionally, there are over 140 million pi:
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tons of uranium mill tailings stored in unstable piles at the site of r "~""~=t uranium milla, many of which have been abandoned. O Uranium mill tailings are a form of low-level waste. They con- := = z.Z..; tain radioactive materials, and, in an unstable condition, radioac- E ug . . _ .. . .=m.
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tive gases resulting from the decay of radon 223 which can escape =- into the environment, or the radium can leach into the surface or ground water. . ..=- 2 j Although historically, most radioactive wastes were produced as _ "" . . -":EEE: part of the military program, today a majority of highly radioactive l ~
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materials are being created in the course of generating electricity . . . . from nuclear reactors. Nuclear reactors use uramum fuel, and, when the uranium atom fissions, the fission process produces two new atoms, each of which has a lower atomic weight than urani-um, although the combined atomic weight of atoms will be slightly al less than uranium because part of the mass of the uranium atom ad was converted to energy. Substances produced in the course of a fission reaction which have a lower atomic weight than uranium are known as " fission products", a number of which are radioac-tive. The fission process also produces substances known as "tran- "~. . . . suranics", because they have an atomic number greater than ura- - nium. Transuranics are formed when neutrons, produced in the ! course of the fission process, are absorbed by atoms and fuel. Tran-saranics are radioactive. '~
=
Radioactive materials are unstable, and, over time, decay. From a waste management standpoint, the important distinction between 9 _ " fission products" and "transuranics" is the length of time during =. 9
--i which each of these categories of materials remain radioactive.
fI This is measured in terms of " halflives" which is the period of E= sj time required for radioactive nuclide to decay to half its original 1 :...
' = :::l value. Although there is some debate as to the number of half-lives p
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~j required for radioactive materials to decay to a harmless level, .=;
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with some arguing that it requires twenty fialf-lives, the historical !f rule is that it requires at least ten half-lives for most radioactive == t products to decay to a safe level. J For example, two of the most biologically hazardous radioactive - materials are strontium-90 and cesium 187. Strontium 90 has a -
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halflife of 28 years, and cesium 137 has a half-life of 30 years, meaning that, under the historic rule of ten halflives, it would W ,- - e e - - ,. ' take approximately 300 years for these two products to become rel-atively harmless and, under the 20 half-lives theory,600 years for them to achieve a harmless level. Thus, the quantities of these two fission products in reactors which are in operation today will have . E to be carefully isolated at least until the year 2280, and perhaps C d~ E
~
until the year 2580. In the course of recorded history, such period of times are comprehensible. There are structures in use today E (3 which are 300 years old such as St. Peter's Basillica in Rome, p
's) which was completed over 350 years ago.
Strontium 90 and cesium 137 are fission products. some of the lpi. ir transuranics, however, have much longer half-lives. for example, b plutonium-239, which is more toxic than strontium-90 or cesium- p 137, has a halflife of 24,500 years, meaning that it will have to be isolated for at least 245,000 years. A more complex product is amer-iciu.n 243, which has a hafflife of 7,300 years, but which decays into plutonium 239. Thus, the toxicity of americium 243 decreases . . . . . . .~~~ .~~.........
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for about 20,000 years, after which it becomes more toxic than it was originally. The period of time during which some of the tran- ,_ suranies and antinide elements must be isolated from the biosphere is incomprehensible in terms of recorded history. ... E === It must be recognized that the actual quantity of radioactive !'
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i products produced by nuclear reactors is relatively small. A thou.
- E :" :55: = W JEF sand megawatt reactor in operation would, in the course of a year, produce only about 2 cubic meters of radioactive waste. However, ==
the overriding concern is not the quantity of radioactive materials produced, but rather their toxicity, and the period of time during 1 : Mi:15#" 2 :=
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20 which they remain radioactive. Thus, as stated earlier, as long as 1:en .. .; ... these products remain highly radioactive, they remain potentially .s :.g hazardous. Exposure to and/or ingestion of even minute quantities ;. :f of radioactive materials can cause biological damage. In the ex- --....
?:.E treme, exposure to intense radiation can lead directly to death or A cause a variety of diseases which could be fatal. Radioactive mate- 1 rials can also be mutagenic, resulting in the transmnion of bio- ~" " = = = . ===. . .
logical damage to future generations. It has been estimated that m. . . ..
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When nuclear power was first being commercially promoted, it
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;.s; 9 would be reprocessed. Reprocessing is a method by which short-i=s 5.s "i lived fission products are separated from the transuranies. The transuranics would then be used as a fuel, whereby they would be b 6
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consumed and transformed as part of the fission process. Although M """~T=iS this would prod' ice more transuranics, the process of separation E ::=
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q fission products would have to be disposed of, making the problem E" .;;;;; ....... of radioactive waste disposal much more managewie by reducing ".=; = = y? the time in which radioactive materials would have to be isolated ' f "" Ed from the biosphere. Because spent fuel contains valuable minerals which could be ex-tracted, it is argued that it is not a nuclear waste, and the Commit-F?: F: EE il
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tee takes no position on this issue. Given the quantities of spent F fuel that will be produced before any reprocessing plant could be h built, it is unlikely that all spent fuel will be reprocessed, and that .- - some utilities may prefer to dispose of it rather than bear the cost 4. .s_. . . . of continued mamtenance and monitoring. Additionally, some _. spent fuel may not be able to be reprocessed, in that its containers !? may have been ruptured, as was the case of one batch of spent fuel E rods at the Western New York Service Center. Moreover, some r ' 15 spent fuel rods may be severely damaged, such as those in the
"= - s Three Mile Island nuclear reactor. Thus, sound management re- ;"- -
quires that repositories be designed to dispose of spent fuel and re- F . . . . . . . . . . processed waste. Thus, in order to isolate radioactive materials being produced F Ei
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E:. . . _."- today, the most immediately practical method under consideration E:: is deep geologic disposal. This method involves sinking a shaft deep ?.; into a stable geologic formation, and then placing the high level ra-dioactive materials in caverns which have been excavated along E-I tunnels which have been mined laterally from the shaft. As each E. cavern becomes filled, it would be sealed off from the tunnel. al- F!. though the waste of spent fuel would be encased in containers de- Ei "~". . . . . . . signed to prevent the release of any radioactivity, the ability of an,y [7 man made containers to endure for a quarter of a million years is p= .=... EE ::
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obviated by the fact that the ultimate barrier which prohibits the g# release of any radioactivity into the biosphere is the geologic media :M - l - itself. The effectiveness of this method is dependent upon finding a * ":" w W-d geologic media whose integrity is intact, meaning that it does not 1 have openings which would allow radioactivity to escape into the
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atmosphere or into the ground water. The structural integrity of
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its integrity during the period of time in which these materials remain radioactive. In geologic time, 250,000 years is not unpree- =.: edented. While it is believed that there are locations within the United States which meet these requirements, it is further believed that the number of such locations is limited. Every effort must be taken to insure that any activities leading to the establishment of a =r - repository does not disturb th'e site to the point where it is not = useful for use as a repository. Past Federal efforts to establish demonstration repositories for disposing of high-level radioactive waste have not been successful. The first major effort was undertaken ten years ago when the - Atomic Energy Commission selected a salt deposit near Lyons, Kansas as the location of the first repository. As a geologic media, = salt appeared to have many advantages, in that it is soluble, mean- - ing that its presence indicates an absence of water, thereby mini-mizing the potential for water to pass through the repository and carry the radioactive contaminants into a supply system. Addition- .'"" == " ally, salt bends rather than breaks under heat, and, in the event of ==== an earthquake, any cracks would probably heal themselves. More- =.w q over, salt is an effective radiation shield. Unfortunately, the pro-V posed repository site was only one-half a mile from an active salt mme, meaning that the structure had been penetrated. The forma- ~ " " ". . _ . . .
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tion also contained leaks, as was learned when the mine operators EE attempted hydraulic mining when water was pumped into the . . . ......_
"~ "-~~~ m mine. During one experiment, 175,000 gallons of water disappeared =
in the mine. Confronted with this evidence and faced with mereas- - ing political and public opposition, the Atomic Energy Commission ._.... abandoned this effort. ....... ==d= Because it had concentrated its efforts in salt, and therefore knew more about salt than any other media, the Atomic Energy =- Commission then began to consider other salt formations and . ten- %. , , % . -- ~
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tatively selected a site in New Mexico. Although the Federal gov- "~~ ernment originally announced that the site would be used for dem-onstrating disposal methods for transuranic contaminated waste, the Department of Energy subsequently announced that it also in- E=::E tended to place spent fuel into this demonstration facility. Confu-sion over the purposes of the site and concern about the ability of the proposed repository to effectively contain the quantities of ra- - l dioactive activity associated with spent fuel, together with the dis- ?:: pd covery of brine and gases near the survey site, led to increasing public opposition to the continuation of the project. As a result, the - Administration recently announced that it was delaying the estab- - lishment of a repository at this New Mexico site until it had time to consider alternative geologic media. The failure of the Federal government to have successfully dem-onstrated that it can dispose of high level radioactive materials - . . . . . . . . . . . . . , after nearly four decades of allowing such materials to be generat-I EE ed and the recently announced proposal to delay the estabhshment of a repository for as much as two more decades, has resulted in . . .~" the erosion of public confidence in the ability of the government to prove that it can dispose of these materials. Additiona'ly, continu- .n=. =E E= ! mg delays in the actual establishment of a repository are causing == ~~ - # =nE as .5 l the erection of an increasing number of institutional barriers to =s: HE "i-? :-+ =' '" l the expansion of nuclear energy. - .,,.,,,. .,,.,,
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F , For example, in a number of states, statutory lor regulatory re-strictions have in effect prohibited the construction il of new nuc ear um ~~" power plants until it has been established that fl the waste mater a s i ! generated by the operation of suchf plants can be disposed - time spent fuel can be stored within a state. Even i in the absence =F o state restrictions, the unresolved issue of the disposal and the ques-tion of the long-term storage of spent fuel at the reactor site 7 s being raised in the context of new nuclear power plant licensing - proceedings. Institutional barriers are not only being erected lagainst the == gen-eration of additional quantities of radioactive materials, h ma- but a so against the establishment of a repository for disposing hof suc f.: terials. A nurnber of states have enacted laws either prohibiting h " the location of a repository within the state or requiring that t e .... Governor, the State Legislature, or both, approve i the location [@E. of a 3Ah -
-WM repositorv within the state. Some states d and local commu
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als of spent fuel through the state or local communities or impose severe restrictions on such transportation. r;. .:c:::
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l The establishment increasing public perception of these of theinstitutional hazards of radioactive barriers E is materialsa result of an 5 ~ as well as the growing concern that the failure of the Federal E gov- iai : ernment to have yet successfully demonstrated methods ofEF dispos- - ing of nuclear materials and of the criticism E of proposals be disposed of safely. +'~'-- -w % .~- m -
- Continued delavs in establishing that radioactive mater.ials
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I be disposed of saf'ely and in an environmentally be :: E sound mann effect disposed the of failure safely will tohave demonstrate that of on the licensing radioactive nuclear power Ft. materials can
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plants, but also because ing quantities of nuclear waste to be stored on an interim it is no longer acceptable to allow
- .E E-basis.increas-l The existence of these wastes in their present form posesEa growing = .
E i:g= =e: hazard which cannot be allowed to the continue E C indermitely. =. u!.It i to properly address this aspect of the nuclear issue.l Whatever f l future of nuclear energy, radioactive wastes j= exist, and the isolated from the biosphere. b rr. SECT 1oN BY-sECTION ANALYSTS OF THE BitL ..: Section 1 states that this Act may be cited as the " Nuclear f[:ll. s:i Waste Policy Act". Sectiori 2. Definitions _ . . .== Section 2 defines the terms used in this Act. Commis- Under section ~~~2(1),
. . _ ... ~"
+ +" e" l .the term " Commission" means the Nuclear Regulatory <
E == t sion, Subsection 2(2) defines the term " Secretary' to mean the Sec- . , ,
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retary of Energy. Subsection 2(3) defines the term " disposal" to MM mean the long term isolation of radioactive waste. Under subsec- 6:.7 :. _ , n tion 2(4), the term "high level radioactive waste" means s *' 5*, ':: '::. ::
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I. ,-.g.. . . _ . . . . . . - . . _ . . . _ . .- t 23 !. . . . . . . . . . - of spent nuclear fuel. Such terms includes both liquid waste which
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is produced directly in reprocessing, dry solid material derived ~~ from such liquid waste, and such other material as the Commission == designates as highlevel radioactive waste for purposes of protect- .- ing the public health and safety. Subsection 2(5) defines the term " transuranic waste" to mean material contaminated with elements which have an atomic ~"". . . . . . . number greater than 92, including neptunium, plutonium, ameri- ==== b cium, and curium, which have a half life greater than 5 years, and which are in concentrations greater than 10 nanocuries per gram , . or in such other concentrations as the Commission may prescribe '
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to protect the public health and safety". :E Under subsection 2(6), the term low level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, or byproduct material as dermed in sec-tion 11 e. (2) of the Atomic Energy Act of 1954. - Subsection 2(7) defines the term " spent nuclear fuel" to mean O fuel that has been withdrawn from a nuclear reactor following ir-V radiation, the constituent elements of which have not been separat- =. .: :"
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ed by reprocessing. Under subsection 2(8), the term " site characterization" means ac- c. = tivities undertaken to determine the geologic characteristics of a - site and to otherwise determine if a site meets the requirements applicable to sites for repositories. Such term includes borings, sur- " face excavations, excavations of exploratory shafts, and in situ test-ing needed to determine the suitability of a site for a geologic re- _
- ii.+fi- is pository, but does not include preliminary borings and geophysical testing needed to decide whether site characterization should be . . . . . . ." " . +=.
undertaken. . s.e - ,,,% ,. _ - Subsection 2(9) defines the term " repository" to mean any facili- '-' ~ tv for the permanent disposal of tramuranic waste, high-level ra-dioactive waste, or both such wastes, r,hether or not such facility is designed to permit the subsequent recovery of the waste placed in == the repository. Under subsection "(10), the term " Indian tribe" means any Indian tribe, band, nation, or other organized group or community - of Indians recognized as eligible for the services provided to Indians - by the Secretary of the Interior because of their status as Indians, (V-) including any Alaska Native village, as defined in Section 3(c) of -
~~"
the Alaska Native Claims Settlement Act (43 U.S.C.1602). - TITLE 1-DISPOSAL OF TRANSURANIC AND HIGH LEVEL RADloACTIVE WASTE Findings Under section 101(a), the Congress fmds that (1) radioactive ===
; waste creates potential risks and requires safe and environmental- ;.;,;;
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ly acceptable methods of disposal; (2) the accumulation of spent m ' Er fuel from nuclear power reactors, radioactive waste from commer- . . . . cial nuclear reprocessing, activities related to medical research, di. . . . . . .
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r-" ! agnosis, and treatment, and nuclear research and development ac- =r _.;;:: tivities, and radioactive waste from other sources, has created a na- :::= "
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tional problem; (3) Federal efforts during the past 30 years to :=- i devise a permanent solution to the problems of radioactive waste == disposal have not been adequate; (4) the Federal government has
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y the responsibility to provide for the permanent disposal of transur- -
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in order to pro biosphere; (6) state and public participation in the them from the "~ planning and development of permanent repositories for the =- dispos- 9 al of radioactive waste is essential in order to promote confidence among the public with regard to the safety of disposal of radioac- = -. . . = . - tive waste;(7) the implementation of a radioactive waste repository , . program in accordance with this title would provide reasonable . m as- . . . . .~'" surance that methods of safe disposal of transuranic wastemand :== =. I high-level radioactive waste can be available bi when such meth 1" k . : ... ~ public concern, and stringent precautions must: be t..
' taken to ensure .; .; ..
and safety of this or future generations. ?!.: = =- Q" ":! ^ - Purpose I. : The purpose of this title is to (1) establish a schedule it for the E == Liting, construction, and operation of licensed permanent repos or- f? . . . .
"Z - n les for transuanic waste and highlevel radioactive waste which E ==2 9 jT. d will provide the Congress with a reasonable l f E2 F
assurance =i tha y~ wastes; (2) establish the Federal responsibility E for the disposa os eral policy for the disposal of such wastes. Identification of sites for repositories [.. ~~ C e ==~" Subsection 102(a) provides that not later than January 1,1982,E l the Secretary shall identify and recommend to the President at E t least four sites which the Secretary determines are suitable for the -E - l development as repositories. A recommendation of a site shallTin-Ei clude the site.aIf detailed the Secretary statement of the recommends a sitebasis to the'for the recommendation President, the if
== of "- 9 Secretarv shall notify the State Review Board f"
= of the stateEW..:2 :&in w l for such recommendation. The designation of any site pursuant to E this subsection would be for the purpose of undertakmg detailed Eii.
site characterization activities at the site and would be a prelimi- E:! nary action prior to any decision regarding the actual use of g:i: the : l site as the location of a repository The statement which is to be:: l submitted to the President is to contain the reasons for the prelimi- Es - TE .......... nary designation and include not only scientific and==techmeal co === l I E iid A ties and any social or economic or environmental factors relevantI . . . . . ~ to the operation of a repository at that site, as well as a report on 47 ... ._..
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F i the public hearings held pursuant to to reject further consideration subsection J
"~7 102(d).
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The sub =l c l and the President has the authority's submission. l of any site included in the SecretarySubsection 30,1981, the Secretary 102(b) provides -
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sites for repositories. Not later than Juneshall, in consultation with "' the Coun
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- lines for the recommendation of sites for repositories. Such guide- -
! lines shall include criteria for the elimination from consideraton of sites which because of valuable natural resources, proximity to pop-ulations, hydrogeophysics, seismic activity, nuclear defense activi-ties, or such other factors as the Secretary considers appropriate == would be unsatisfactory as sites for repositories. The guidelines shall require the Secretary to consider the various geologic media - in which sites for repositories may be located and, to the extent practicable, to recommend sites in different geologic media. The - Secretary shall use guidelines established under this subsection in , considermg sites to be recommended under subsection (a). The de-velopment of guidelines under this subsection shall be considered a L ' prehminary decisionmaking activity and shall not be subject to the requirements of section 102(2)(C)'of the National Environmental -
==
Policy Act of 1969. The establishment of guidelines are for the pur-pose of formulating a site selection criteria which reflects the inter- == <.<= est of the relevant agencies so that the regulatory concerns and ~ n their particular expertise can be incorporated into the site selec-() tion process. The designation of certain agencies is not to be con- z.. .; strued as limiting the Secretary's authority to obtain the advice of agencies not specifically mentioned, and the Committee expects ~ that the Secretary will actively seek the assistance of all relevant agencies in formulating these guidelines. The establishment of _
?
these guidelines is merely to assist the Secretary in the site selec- . . _' tion process, and the guidelines themselves are not to encompass "= the exclusive basis for any decision. Consequently, the guidelines h 7
===,
are to be advisory and adherence to or deviations from these guide- ' lines does not create any legal cause of action or form a basis for '= judicial review of the Secretary's decision. r.-~.-x _ m_m . Under subsection 102(c), before recommending any site for a re- ~
==
pository to the President, the Secretary shall hold public hearings m the vicinity of the site to inform the residents of the area in which the site is located of the proposed recommendation and to -
==...
~~"
receive their comments. The Committee expects that the Secretary ~ will afford interested members of the public every opportunity to = == participate in a meaningful manner at each stage of the site selec- - tion process and that such public hearings will provide a useful - O V forum for addressing public concerns. Subsection 102(d) provides for the Presidential review of recom- . mended sites as follows: (1) the President shall review each site rec- - ommended by the Secretary under subsection (a), within 60 days c:. after the submission of a recommendation for a site, the President shall either approve or disapprove the site and transmit his deci- ; i
- sion to the Secretary and the State Review Board of the State in -
which the site in which the site is located; and (2) the President may delay for not more than 6 months his decision under para-graph (1) to approve or disapprove a site upon determining that the ' ,j mformation provided with the recommendation is not sufficient to ~1E" permit a decision within the 60 days referred to in paragraph (1). The purpose of the Presidential review is to provide an independ-
==~"-
ent evaluation of the Secretary's activities, and the Committee ex- .
~'
.a pects that this will establish a useful mechanism by which all Ex- .__.,
--- a ecutive departments will be afforded the opportunity to fully 7=
~~
review and comment upon the proposed site. It will also afford the ;; - =. ... States including those which border the State in which a repository :."4 lll5'h*?L' ' ' ,
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oe - portunity to comment C 1 rove F a :; site is desi ated and interested arties anthe Presi ent fails to disa esig- ....... upon the reta 's activities,in the Secretarv's submission within thl I f the des- -
=...
A :q any site containnated time period, such failure shall constitute =.. approva o 1 ignation. i _ Subsection 102(e) defines the terms for the continuation i screenin (a), the process. After the identification of sites under subsectg . their suitability for repositories. g= .d = 35
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Site characterization ctivities atshall carry out in accord-"r~"..:5 Under subsection 103(a), the Secretary i
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3:! ance with this section appropriate site characterizat on a :t" each site approved under section 102. F == h Commis- p at any site, the Secretary shall submit for such13site t i h the site is lF: ::
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sion and to the State Review Board i ti ofac- the State i= in wh c i. = m. located for their review ment of the nonradiolo calimpacts of the site character za onsite and ' and comment (A) k LL an environmental
.::~~ " ci tivities planned for sue I:.
h site an which E which may be undertaken to avoid such impacts; _.... 3 E sucdescri tion of d l site characterization plan shall include (i) a descri tion of the site; onra- activities to be conducted (ii) aies, including at the extent of lan actiany on site testing of radioactiveE: l the site characterization E excavations, plans for Eor n dioactive material, investigation activities ii which to may affect the 0'
~
ability of the site to isolate radioactive wastes, and prov s ons control an adverse, safety related impacts from site characteriza-la -.- .,s... , l tion activi fes; Uli) f~*-"'-"~ for application for licensing as at ble repository; as a E l termined unsuitab !E (iv) criteria to be used to determine if the site disbyaccep the a E site for a repository; and (v) any other information require E i Commission. The excavations d ubsection for shafts i,
; referred to i l terization activities directed to be performed un er s :: 2- ,=
l 103t a). re9uiring the Secretary to submit ' ro- the E spe,cified informa x x. tion at t E m .= afforded the te integrity of the site and thereby comprom se opportunity to i its subsequent fully usecomment r i~ on the Se as the location of a full scale repository,ing the conduct of site char-shall report to the [6 - Subsection 103(bX2) provides that dur F - acterization activities at a site, the Secre.a f the State in which i=: i ities and E-Commission and to the State Review Boardthe sit l l from such activities. p .. l the information develo (c), the Secretary shall conduct at sites atducted such d:. - l Under subsection 1 ap- E: i== l which site characterization activities are being con f t the E or an . . . . E tests as may be necessary to provide the necessay data E m. ..... f plication for a construction authorization for a repository ~
' 7 7 "" a site and for com iance with the National ii Environmental n the tests H
f "==- Polievretary
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Act of 1969. The f i f
==g tests conducted at a site pursuant to the Comm - we ss on =p; ocond j.. .
tion developed from such tests.
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The following restrictions are to apply during site characteriza-l tirn activities or tests pursuant to subsection 103(c): (1) the Secre- ==. tary may not use radioactive materials at a site unless the Commis-sion and the Secretary concur that such use is necessary to provide data for the submission of an application for a construction author- =- ization for a repository at the site; (2) if radioactive materials are i placed in a site, the Secretary shall place the smallest quantity necessary to determine the suitability of the site for a repository, l but in no event more than the curie equivalent of 10 metric tons of spent fuel; and (3) any radioactive material used or placed on a site ._., shall be fully retrievable. The intent of subsection 103(d) is to reinforce the concept that - the site characterization activities are preliminary to the decision , -= to select a site for use as a full scale repository, and insure that ! E" . none of the Secretary's preliminary activities prejudice the subse- ! quent decisionmaking process. The Committee is concerned that l the use of radioactive materials at this early stage of the site selec- '
~
3 tion process may result in the contamination of. the site and that =:. (V such circumstance may serve as a basis for the subsequent selec- c.=.: tion of the site as the location of a repository. The Committee, therefore, intends that the actual use of radioactive materials be a - - last resort to obtain information necessary for submission of an ap- = . . . . . . E
~"~~
plication for a construction permit, and that the Nuclear Regula- e tory Commission must not only concur that the use of the material E . . . . . .
' '5 is necessary for conducting the proposed test, but also concur in the manner in which the tests are to be conducted. Subsection = "i=
103(bX1)(BXiii) requires that the Secretary submit, in advance, a 4:z plan for decommissioning any site prior to the sinking a shaft as a - part of the site characterization activities, and the Committee in- M. ~ ~ <e w.- .. tends that any decommissioning plans include provisions for decon- _... taminating a site at which radioactive materials are used. the Sec- 2 retary may not use radioactive materials in conducting such tests E if the Commission does not concur. Any radioactive material used E" in such test must be fully retrievable, and the Committee expects F that the Secretary will not only be able to retrive this material, but :
==
also that a place certain will exist to which the material could be , removed at the conclusion of the test or earlier if necessary. The : =' fn; Committee also expects that only the smallest quantity of materi- - V als will be used in such tests and that radioactive materials will be _ used for such time as necessary to conduct the required test and will be removed promptly from the site at the conclusion of the test. = Construction authorizations Subsection 104(a), provides that if after completion of site charac-terization activities at a site (1) the Secretary determines that the site meets the requirements applicable to repositories, the Secre- : .z.." tary shall proceed in accordance with this section to secure approv- "" " al of the site and a construction authorization for construction of a repository at the site, or (2) the Secretarv determines that the site* E _ .."- FE
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does not meet such requirements, the secretary shall notify the iE-State Review Board of the state in which the site is located of such = ss
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determination. =' " """ After completion of the characterization activities at a site, and the Secretary determines that the site meets the requirements ap- . =:. ..
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licable to repositories, subsection 104(bX1) directs the Secretary to fiold public hearings in the vicinity of the site to inform the resi- {E... "~~ - .
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dents of the area in which the site is located of the F " '"~~ ~ * ~"~=f."= determination = " = . . 3.- -d F# *== of the Secretary and to receive their comments. If, upon completion -, of the hearings, the Secretary affirms the determination, f
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the =43 S dent approve the site for the development of a repository. p - T
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"= -~"" d Subsectionby104(bX2XA) recommended the Secretary directs the Presidentand, under paragraph,(1XB), to within each site review g.
60 days after the submission of a recommendation for a site, theb. ::s4 =J""E ~~" President shall either approve or disapprove the site and transmit -= . - his decision to the Secretary and the State Review Board of the "sa:: :.2 =_ State in which the site is located. = x= ".": ~
'::1._. . . :? f more than 6 months hs decision to approve or disapprove ~ ~ ~ ~:===..
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upon determination that the information provided with the recom-m r:g. m
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referred to in subparagraph (A1 " v= % E If the President approves a site for a repository under subsection 5= (b), the Secretary is directed under subsection 104(cK1) to apply to.'"" 6-i
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the Commission for a construction authorization ~~= m m for=-M.=constructio "
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the state in which the site is located a copy of the application.The . . . than January 1,1986, to submit to the Commission an application torv. +-w The purpose of section 104 is to establish a procedure for select- *. _ . ing the site of a repository. The Committee expects that in conduct- --~~~-. ing the hearings held pursuant to subsection 104(bX1), the Secre-tary will afford interested members of the public every opportunity to provide meaningful input in the decisionmaking process, and their views and concerns will be included in the Secretary's recom-mendation to the President. Subsection 104(bX2XA) requires a prohibited from submitting the application for a construction au-th mendations within the designate time period. Subsection 104(dX1) direc cation for a construction authorization for the construction of a re-pository in accordance with the laws application to such applica-tions, except that the Commission shall issue a final decision ap-proving or disapproving the first such application not_ _later .
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date of the submission of the application, whichever occurs later. " ' ~ If the Commission approves an application for a construction au-thorization for the construction of a repository, subsection 104(dX2)
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directs it to (A) notify the Congress of the approval of such apphea-
~ 5 ~~~#C ~C tion and include in the notice a detailed statement, and (B) notify .c the State Review Board of the state in which the repository would
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V :. ="Ei be located of the approval and include in the notice a detailed ' 7 :u y m e. . ._ statement of the reasons for approval of the application. =:. r m- w :. ~ _' l. 5.
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If a State Review Board of a State in which a repositorv is to be -
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' constructed petitions the Congress for the disapproval of the con-~: =r J=ED-- - ._.__. - - . . . . . struction of a respository for which a construction authorization -.- .. -- . I
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has been granted by the Commission, under subsection 104(dX3) the Commission is directed to provide the Congress with such informa- 2~" tion respecting the construction and proposed operation of the re-pository as the Congress may require. ::r= Congressional disapproval Subsection 105(a) provides that if the Comminion grants a con- ==
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struction. authorization for the construction of a repository and a State Review Board of a state, petitions the Congress, m accordance with section 106(b), for the disapproval of the constructica of the repository at a site within the state, the repository may r.ot be con- ~"~ structed at the site if, during the first period of 90 calendar days of . . . .'~ continuous session of the Congress after the date of the receipt by , I-the Congress of the petition submitted by the State Review Board, =
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the Congress passes a concurrent resolution stating in substance ' ""~="" that the Congress disapproves the construction. A petition shall be E considered to have been received by the Congress on the date of its :.=.n receipt by the Speaker of the House of Representatives and the President pro tempore of the Senate. O' Subsection 10&aX2) defines the purposes of paragraph (1) to be (A) continuity of session is broken only by an adjournment of the - 1 Congress sine die; and (B) the days on which either House is not in - session because of an adjournment of more than 3 days to a day _.
~
certain are excluded in the computation of the 90-c'alendar-day ...-... period. . . . .
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For purposes of this section, subsection 105(aX3) defines the term
" concurrent resolution" to mean a concurrent resolution of either House of Congress the matter after the resolving clause of which is as follows: "That the Congress does not approve the construction of the repository for which a construction authorization was granted %.~. ~., y _
by the Nuclear Regulatory Commmion on , 19 " with the _ blank spaces be appropriately filled. _ g= Subsection 105(aX4) provides that this section is enacted by the " 5 E={ Congress (A) as an exercise of the rulemaking power of the Senate ' === and House of Representatives, respectively, and as such, it is nu= deemed a part of the rules of each House, respectively, but applica- E 9" ble only with respect to the procedure to be followed in that House E q in the case of concurrent resolutions defined in paragraph (3) and V it supersedes other rules only to the extent that it is inconsistent - with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time,in the same manner and .? to the same extent as in the case of any other rule of the House. Subsection 105(b) discussed the referral and discharge of a con- -- current resolution. Under subsection 105(bX1), a concurrent resolu-tion once introduced with respect to the construction of a reposi- ~ ~ ~ ' "....... tory shall immediately be referred to the appropriate committee or committees of the House of Representatives and Senate (and all resolutions with respect to such construction shall be referred to , EEi the same committee or committees). EE i Subsection 105(bX2XA) directs this committee to report the con-current resolution before the end of 20 calendar days after it was 9" 93 9" e:i " i i
? received by the House involved, or it shall be in order to move to J discharge the committee from further consideration of the concur-rent resolution and to discharge the committee from further con- . . , i l
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80 ' uch y. .;. 3E' i - ~ sideration of any other concurrent resolution with respect to swhich """ ..]
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construction < charge such committee from both. Under subsection 105(bX2XB), a motion to discharge=. a committee r-
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from consideration of a concurrent resolution idual favor- respecting=~the con-struction of a repository may be made only d d dby debate equally an mdiv 5. GF _ ing the concurrent resolution, shall be highly privileged i= an = ...... shall be limited to not more than one hour, to be d it divi e ' H between those favoring and those opposing d the concurrent resolu-
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tion. An amendment to the motion shall nothich bethe in or er, =an -.......
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shall not be in order to move to reconsider the vote by w " " " - motion was agreed to or disagreed to. == "" ' Under subsection 105(cK1), when all committees t s to which the f:'.' ' 2 : = concurrent resolution was referred have reported tionto a t pro- concurren r
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re - ........ olution, it shall be at any time thereafter m order end-move p o ."= syz: ceed to the consideration shall be highly privileged, and it shall not bei debatable. of the concurrent be in s E resolution. frAn am The mo E6 ment to the motion shall not be in order, if- and it shall notor E . . . . . . . i.'.55. ..
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agreed to or disagreed to. in . . . . . . " - " rr: . . . . . . .= rent resolution as being limited the concurrent bl to
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resolution. A motion amendment to, or motion to recommit, the concurrent to limit debate shall on- not resobe debata P ' shall not be in order, and it shall not be in order to move d to to rec sider the vote by which such concurrent resolution was=I~ agree or disagree to. F Subsection 105(d) def' es the motionsi and m fa appeals F of a concur-(1) moti rent resolution as follows: E: spect to the discharge from committee orideration the considerat E on o concurrent resolution and motions to proceed to the consdb(2) appeals of other business, shall be decided without debate, an E h from the decision of the Chair i relating h ll E E to the applicati $* =~ may be, to the procedure relating to a concurrent resolut E' on s a beUnder decided without debate. 105(dX3), if one House of Congress receives subsection E . _ . . . fT
~~
from the other House a concurrent resolution f the respecting the con-struction of a repository, then (A) the concurrent f d resolution E. o f shall the E3 other House with respect to such construction i not F:: be re erre to a committee;(B) with respect to i h respect to l tion the concurrent resolut
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E": ==- that or other concurrent the application shall be the resolutions same as if noofconcurrent such House hreso w u t ""= from the other House with respect to such request l N been re-had I.. M5 ceived; but (ii) on any vote on final passage of a concurrent r - - . .
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tion of the first House with respect b titutedto such EE E constructionMEa :iES: tion where the text is identical shall be automatically su sC.' .. . _ = for the concurrent resolution of the first House.li h the expedited proce- EE E== == The purpose of section 105 is to estab s j == ""= f [~" the I dures to be utilized by Congress in considering his :HEt + Sta the construction of a repository. The procedures established in t UF be == 5Ew v==: . ;w I .
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s-- L.. . 31 1-section are similar to those contained in the Energy Poliev and W t. l Conservation Act. Under the provisions of section 105, both Ilouses 3;;; of Congress would have to act in order to sustain the State Review 5'" Board's petition, meaning that if one House fails to act, or if one F House rejects the State Review Board's petition, the repository p". . ...~~. . . . . . . ." " " ' would be constructed at the site for which the Nuclear Regulatory g ' " " ~,,,=., Commission has issued its construction permit. - 1. . . . . D"
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The Committee believes that any Congressional review of the F Secretary's decision prior to the issuance of a construction authori- F """" zation would be inappropriate in that such action may prejudice the Commission's consideration of the Secretary's application. Con- E == sideration of the Secretary's decision prior to the submission of the F== 4 k= === .u2== application for a construction authorization would create a legal presumption that the Congress has determined that the site is suit- FE able for the location of a repository and that such a determination Bu= . . . . . . .:=
""r is binding on the Nuclear Regulatory Commission. Moreover, such EEE a premature determination may restrict the Commission's actions by requiring changes in the design and method of construction of E -
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the proposed repository. Additio Congressional approval of a g":' -- proposed site prior to theission Comm,nally,,s consideration of an apphea-Q
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tion for a construction permit may compromise the National Envi- *.
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E:g. ronmental Policy Act's review process by foreclosing consideration ... . . . _ . . of alternative sites. h'.:' E Subsection 106(a) defines the term State Review Board as (1) an E":f: l entity of the state created under State law with the authority de-scribed in paragraph (2) and the composition prescribed by para- E=== graph (3); (2) a State Review Board shall be authorized under State -
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. . . ~ .
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law to (A) review activities under this title and activities of the ~ =" == Commission with respect to any site in the State for a repository to ' ~ determine the potential economic, environmental, social, and . public health and safety impacts of the repository on the state and _,, wy its residents,(B) be a representative of the State in any proceeding ! before the Commission respecting a site for a repository in the state, and (C) submit, in accordance with subsection (b), to the Con- = - gress petitions requesting the Congress to disapprove, in accord-ance with section 105, construction of repositories in the State; and uur (3) the members of a State Review Board shall represent the gener-
=.
al public in the State, and if any action has been taken under this title with respect to a site in the state for a repository, the Indian (, tribes and local governments which would be affected by the re- ' - pository. If an application for a construction authorization for the con-struction of a repository in a State is approved by the Commission, -k subsection 106(b) directs the State Review Board of the state to '
=
submit to the Congress a petition for disapproval, in accordance
==
with section 105, of construction of a repository under the permit. ?.) ....
= = = =
A petition for construction of a repository may be submitted not - EEE later than the 30th day after the date the Commission transmits to ,.. " 1 'E,
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the Board its decision granting a construction authorization for such construction. The petition shall contain a detailed statement
- m.s i: ..._..
of the reasons of the Board for seeking disapproval of the construc-
- E=ss== " . . _ _ . . . _ . .
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3: .. ..:.2 ::1:=.= = ~ tion. 1 .=iE"i " W ~? = - Subsection 106(cX1) directs the Secretary to make grants to the T ' " ~'~"~~" '~ State Review Board of each State, subject to paragraph (2) and to _
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the availability of funds tm carry out this paragraph, in which a E=.5. l j l$ ' h5:i*-s::;.Nk *
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102(d). Grants -- ..,. 2-. ._ d condu site for a repository has been approved under f funds section pro-
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under this paragraph shall be made under such terms an c 9;." s. . :._. j1 tions as the Secretary may prescribe, and the amount cfiscal 3- year may
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not - vided a Board undes ,Gis es paragraph of the operation in any of the Board in such - . _ _.. ;- . . _ - - -if f - exceed 75 percent o . , a Secretary. In determining the is not annual ,c . __ . z ._ nr...,.e=. year as determine , t h State whof the; Secre E ? "T = 5r ~ 2 : " G .,...m.._,' operating expenses of~the State Review Board, : ..;.5 ary "~ to include the salaries and expenses of employees d Only the of t e c_.
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' hold other positions in the State government, and who, because d T
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those positions, are members of the State f the Review State Boar . -
=
salaries of full times employees who work exlcusively or I Review Board are to be considered in ddetermining ide con- _- the
- operating -
.2 _ . .
cost of the Board together with not receive h date une the costs of obtainmg - h.. m.outs Under subsection 106(cX2), a State Review Board ma ~ * - _ _ any grant after the expiration of one year after li ble(A) t e~ f " - i=. .h'*
..W Secretary notifies the State Review Board under r section-r 104(rW that a site in the State does not meet the State requirements Review 4 app ca . . _ . - ~
to repositories; (B) the date the President notifies the J. Board under section 104(b) that the President i h the Com- does.;not approve - u_ a site in the State for a repository; or (C) thehdate i toon wh c J.~. _ r-mission disapproves an application i 102(d) for a construction au there is another site in the State approved under sect ongraphs (A), b 1 " ~- itory with respect to which the actions Committee i described in su para (B) an terminates the functionc of the State Review Board, the p .%"hwerm% expects that the Secretary will terminate funding at this t me. m Section Only State 106 Review defines Boardsthe which authorities comply nd anywith of the the requirements q State Review of B this section are authorized to submit petitions to congress,l a State which fails to establish a Review Board, or fails ti g ! not have the authority to submit h State a petition 1 i to Congress g r the Review committee'sBoard by this intent section thatare thetoauthorities be theh sole l ca- and vested - exclusive in t eau-thorities available to the States in regard to objecting ih to dis- w si es to t e o i tion of a repository within its State. The Committee stress that it views the implementation of a radioactive!l wasteam requiring Fede posal program as a national pro with all applicable Federal and 1 2 -. while the Secretary is to com te is given the authority by to veto any L - - State laws and res,uMions, no l C s= mi~
- or not concur in ik location of a full State or i h the scale[ repositorymeans "- a 1.g .I_;.1
-' - T extra legal agreement which has been entered intofaby a tf ~
i 2-h _. i official of the Federal government his sec-which vests theJState F ; .. .1 radioactive repository within its borders is superseded< tby t' . ii of f - r - . . :: tion. Furthermore, ncthing in this section or any other prov s on ."# .L. . " ~"*M .. law is to be construed as granting to the Secretary h by 0 i-or any i iZ other m i ._ ~~i- 7,. official the authority to enter into any such agreement
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, Subsection 107(a) provides for the judicial review of agency ac-tions. Any actions taken by the Secretary to recommend a site for ....
approval by the President and in connection with the site charac- . . . . . . .
- q terization of a site, any actions taken by the Commission in grant- -
- j ing or denying any construction authorization application submit- . . . . .. 3 ted under section 104 or for any operating permit for a repository, ..j any actions described in section 108 shall not be subject to judicial .j review except as authorized by subsection (b). ~
, Subsection 107(b) defines the terms for judicial review of actions _ . .
"i as (1) a civil action for judicial review of an a1 ministration action '=4 described in subsection (a) may be brought not later than the 180th a day following the date of such action, except that the court re- =4 ferred to in paragraph (2) may extend the time for bringing such a _ . . . :: .::.
4 civil action if the court determines that the facts on which the civil E El action is based were not reasonably available within the applicable
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.==j 180-day time limit, and (2) a civil action for judicial review of any =s such administrative action shall be barred unless a complaint is filed before the expiration of the time limit prescribed by para- = *j .
O 1 U baph lumbia (1) in the United Circuit, actingStates Court of as a special court.Appeals for the No other District court of theof _.
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- q United States, or any state, territory, or session of the United . E ..==
- I States, or of the District of Columbia, s have jurisdiction of any % M such civil action. " ""
"I Section 108 directs any Federal agency which is required to issue 1 ==!
a certificate, right-of-way, permit, lease, or other authorization re- E =l lating to the characterization of the site or the construction or ini- llll :t tial operation of a repository to issue or grant any such authoriza- :ll. tion at the earliest practical date, to the extent permit'ed under be. '"]~ applicable provisi,ons or law administered by such Federal agency p. _ _.; ~ ',,_, , _ , or officer. All actions of a Federal officer or agency with respect to .._., the consideration of applications or requests relating to the issu- E ance or grant of any such authorization regarding the characteriza- =4 4: tion of a site or the construction or initial operation of a repository y ==::
- ii shall be expedited, and any such application or request is to take E precedence over similar applications or requests not related to ra- :::)
lEs == dioactive waste repositories. E: Subsection 108(aX2) states that the requirernents of section E2 f3 108(aX1) are not to apply in the case of any action related to a E.E. . . . . .~~~?) V permit or other authortzation issued or granted by or requested from the Nuclear Regulatory Commission. j..: E Subsection 10S(b) provides that nothing contained in this section is to be construed to impair the authority of any Federal officer or -
. . _ . . .==
agency to add to, amend or aggregate any term or condition includ- ?;. ed in any authorization granted pursuant to subsection (a) if such E= action is otherwise permitted under applicable law administered by == such Federal agency or office. [: .. Subsection 109(a) directs the Administrator of the Emironmental a M Protection Agency, pursuant to author.ly under other provisions of ' law, by rule, promulgate generally apph, able standards for the pro- g: . tection >' the general environment from radioactive materials not i ;gg m..g ii=j later than November 1,1981, = u .= < :. :. = xm Subsection 109(b) directs the Nuclear Regulatory Commiaion, ..:::::: pursuant to the authority under other provisions of law, to, by -
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organization' Act of 1974, applications for construction authoriza- -.z == :i= .. g tions for the construction of repositories not later than November
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- Subsection 110(a) authorizes to be appropriated to the Secretary "~~'.... :.:=
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ending September 30 1981. Subsection 110(b) directs the authority l s. of the Secretary to enter cr;.r:s g.i. into contracts under this title shall be effective for any fiscal year E. - 4 only to the extent or in such amounts as are provided in advance - iE ss, "j n by appropriation Acts. Subsection 111(a) states that the provisions of : section y 107 and 108 Jih :.4h shall cease to have effect at such time as the Secretary commences ic.--i. - !:=: licensed commercial operation of at least one re itory. Fr == Subsection 111(b) provides that provisions of t ' title, other than
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jic;. sections 107 and 108, shall cease to have effect after December 31, [=
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1999. ~ Trri.E U-low-12 VEL RANOACUVE WASTE T Title II establishes a low level radioactive waste disposal pro. 1 gram. Subsection 201(aX1) states that it is the policy of the Federal J . . . . . . . . . government that each State is to be responsible for the disposal of F - - - - non-Federal low-level radioactive waste generated within its bor- T !!s= =; ders and that non-Federal low-level radioactive waste can most ef- } ii: . - fectively and efficiently be managed on a regional basis. E .; a -- The purpose of section 201 is to declare the Congressional policy that the responsibility for managing low-level radioactive waste rests with the States, to establish a mechanism in the form of in-
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bility. Subsection 201(aXA) authorizes States to enter into inter- d 1 state compacts which, under subsection 201(aK2KB), would be sub-ject to subsequent Congressional ap roval, and which would vest j Congress with the authority to with raw its approval at the end of I each five year period. The withdrawal of this approval would re- - quire specific action by the Congress. Under this subsection, the States which are a party to the interstate compact would have the authority to exclude after 1987 low level waste from States which are not a party to the compact. The purpose of this provision is to afford the States an opportunity to enter into regional agreements - for the disposal of low-level radioactive waste while providing all States with sufficient opportunity to establish compacts or disposal sites before the exclusionary provisions become operative. The Committee believes that such a provision will provide the States with the inducement needed to act in the time allowed without im- . :== peding existing activities. 'L T-' Subsection 201(aX2XA) states that to carry out the policy, the . . . _ States are authorized to enter into compacts which may be neces- , sary to provide for the establishment and operation of facilities for P. .- __ .f.2.'rT ' ' ~~ ' ". =..= =
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Subsection 201(aX2XB) provides that any compact entered into . _- r- '- == pursuant to subsection 201(aK2XA) shall not take effect until the . F.' * =f= = - .-. 4 Congress has by law consented to the compact. Each compact is to r =4 ===--. ..- - Z contain a provision which provides that every five years after the -
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Subsection 201(bX1) provides that the Secretary, in order to assist the States in carrying out the policy established by this bill, shall prepare and submit to the Congress and to each State within 120 = days after the date of enactment of this Act a report which (A) de- - fines the disposal capacity needed for present and future low-level i " waste on a regional basis; (B) defines the status of all commercial low level nuclear waste disposal sites and includes an evaluation of . the license status of each such site, the state of operation of such " . . . . . ." ' - " ' site, including its operating history, and analysis of the adequacy of = "" disposal technology employed at each site to contain low-level wastes for their hazardous lifetimes, and such recommendations as ..... the Secretary considers appropriate to assure protection of the - public health and safety from wastes transported to such sites;(C) .. : evaluates the transportation requirements on a regional basis and ' in comparison with performance of present transportation practices for the shipment of low level nuclear waste, including an inventory 5 Q of types and quantities of low-level wastes, and an evaluation of .!.? V shipment requirements for each type of waste and an evaluation of == 99"' the ability of generators, shippers, and carrier to meet such re- - quirements: and (D) evaluates the capability of low-level waste dis. E posal facilities owned and operated by the Department of Energy to i.. ~=2 provide interim storage for commercially generated low-level waste M and estimates the costs associated with such interim storage. = === Subsection 201(bX2) provides that in carying out this subsection, ' the Secretary shall consult with the Governors of the States, the Nuclear Regulatory Commission, the Environmental Protection Agency, the United States Geological Survey and the Secretary,of 6 . ~ , . . <--,, <st.m.-- Transportation. .... Section 202 directs the Secretan to undertake an investigation F= ~ to determine if it would be appiopriate for the Federal government to provide 90 percent of the cost of decommissioning and decon- E tamination aettvities in conjunction with the uranium mill tailings = site owned by the Tennessee Valley Authority and located at Edge- ; mont, South Dakota. The Secretary's investigation is to take into E , consideration whether tailings resulted all or in part from activi- E ties conducted under Federal contract, and include an analysis of b O the totei coste which weuid be reuired te such site, inciudine the -
== ==
costs of acquiring and managing any disposal site and facilities which may be necessary for the disposal of radioactive materials removed f' rom the site. The Secretary is directed to complete the . . . . investigation and submit a report to the Congress within 120 days ~ after the date of enactment. The re, port is to include any recom-mendation for Federal funr ing, provided that any such recommen-i dation is to be consistent with the provisions of the Uranium Mill - Tailings Control Act. It is the Committee's intent that nothing in z;; = this section be construed as delaying any ongoing remedial actions which may be in progress or about to begin, and the Commission ~ expects that the Edgemont site will be cleaned up as rapidly as pos-sible. It is the Committee's expectation that all Federal agencies . . . .
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will work expeditiously to initiate a remedial action program, espe- - == cially in regard to any off-site contamination and the section is in- E== := tended to merely explore the potential for Federal funding to assist === m 7."7." .* "
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INFLATIONARY IMPAC"r STATEMENT " In accordance with Rule XI, Clause 2(1X4) of the Rules of the _ . . House of Representatives, this legislation is assessed to have mini-mal inflationary effect on prices and costs in the operation of the . . . . .~~ national economy. =_
~_ . . . . .
COST ESTIMATES AND COMPARISON--CONGRESslONAL BUDGET ACT ... . . ,
"l INFORMATION es ""
The Congressional Budget Office (CBO) has provided the Commit-EJ. tee the letter printed below pursuant to Section 403 of the Congres-sional Budget Act of 174 (CBA). g;,;
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- . :::1 CONGRESSIONAL BUDGL'T OITICE COST ESTIMATE ::
CONGRESSIONAL BUDGET OrricE, E . . . ca U.S. CONGRESS, 5 ..r==..." " ' " " 2::: == :::= Washington, D.C, September 19,1980. =..
- t. :.
Hon. HARLEY O. STAcGERs, Eh
== =\
Chairman, Committee on Interstate and Foreign Commerce, U.S. = o.1 House ofRepresentatives, Rayburn House Office Building, Wash. L. ::=. .. ington, D.C. V E DEAR hiR. CHAIRMAN: Pursuant to Section 403 of the Congres-
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F .. sional Budget Act of 1974, the Congressional Budget Office has ! reviewed H.R. M90, the Nuclear M aste Policy Act, as ordered t. . _ - .. _.. % % _ - ' c reported by thi , muse Committee on Interstate and Foreign Com- E r merce, August 20,1980. i Title I of the bill establishes a procedure for the selection and construction of a high level radioactive waste repository. Specifical- U "., F _~~~ ly, the bill directs the Department of Energy (DOE) to prepare site E= == selection criteria b June 30, w, to identify b January 1,1982, E four sites suitable or development, and to sub it to the Nuclear EH .,,....... , Regulatory Commission (NRC) by January 1,1986, an application L. :- : ..j to construct a disposal facility. The bill reqt. ires the NRC to review g;. E_;"- 'is DOE's proposed site characterization activities and to evaluate E. DOE's construction application within four years of its submission. Upon petition, the Congress may disapprove with a concurrent El H resolution the final site selection proposed b the President. Fur- E~ thermore, the bill authorizes DOE to provide nds to state review Ex. 1 boards which may be established in states containing proposed [ c.: ia
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disposal sites. These boards are authorized to review DOE s pro-
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posed repository development plans and to monitor site character- = y 12ation activitles. cE: +"' Title Il authorizes the establishment of state com cts to provide E regl'onal facilities for the disposal of low-level ra ioactive waste. hE = uj- _DUE must report within four months of the bill's enactment on the =" "=" . .=e5.. e..= :..; status of existing facilities for low-level waste disposal and the = -- = - . - . if . . . . . . . pr ected need for additional capacity and on the appropriate feder- n. j al ole for decontaminating a TVA-cwned uranium inill tailmgs 1 5.i - . . .
==1 site at Edgemont, South Dakota. ; f:" "T". . .
The largest potential costs associated with this bill are for con- "~ struction of a permanent repository and site characterization stud- * = . . . . . . .m.. ., .
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forselection the of a site and a full scale stora however,ge facility, Preliminarymethod.ghly estimates suggest that design and construc-uncertain = pending '"~. . . . tion costs will be over $900 million in 1980 dollars. Assuming construction begm' s in 1990 and takes over six years to complete, - total costs would be over $2.5 billion by 1996. No significant e& penditures for design and construction are expected prior to 1985. - Site characterization costs by 1985 could also be significant. De- -" pending on how extensive exploratory drilling and testing activities -~~ ="
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cre and the nature of the sites selected, characterizations could -
.==
cost up to $125 million per site, or a total of up to $500 million. ==. The bill authorizes the appropriation of $5 million in fiscal year 1981 to the Department of Energy to establish guidelines for ree- ~ omtnending and identifying potential sites for development. Out- =" :"':: lays are estirnated to be $3.7 million in fiscal year 1981 and $1.3 - million in fiscal year 1982. The bill does not authorize the appropri-ation of funds to carry out the required activities of the Nuclear
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. =c-p Regulatory Commission and the Environmental Protection Agency. E.
d Existing and planned agency efforts are apparently in accordance s,. == with the intent of this legislation, and no additional funds are : expected to be sought for fiscal year 1981. The cost to provide Ei assistance to the state review boards in states where the President Ela !!.+ has approved site characterization plans is projected to be approxi- :: mately $200,000 in 1982 and an average of $1 million a year there- E After-The uranium mill tailings study required by title II of the bill is 5.. ai?ii
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expected to cost $300,000 in fiscal year 1981, and the low-level = radioactive waste study is estimated to cost approximately $500,000 m fiscal year 1981. , ,_ _. _ _. Should the Comtnittee so desire, we would be pleased to provide =:
.4 further details on this estimate. ::..
- .::j Sincerely, .
~J E =4 AucE M. RrVUN, Director. : :.
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==:.
fj coMMrrrEE OVERSIGHT TINDINGS AND RECOMMENDATIONS =? No oversight findings and recommendations pursuant to Clause =
= . . . . . .==
(d' the Rules of the House of Representatives are included in addition , E= 2(1X3XA) Rules XI, un ' to those comments and views contained elsewhere in this report. z....
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Committee on Government Operations .. No findings or recommendations on oversight activity pursuant 1 to Clause 2(BX2), Rule X, and Clause 2(1X3XD) of Rule XI of the - Rules of the House of Representatives have been submitted to this Committee by the Committee on Government Operations for inclu-sions in this report. _ .g. ..;.;.7
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SUPPLEMENTAL VIEWS ON H.R. 6390-NUCLEAR WASTE POLICY ACT ---
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We are gratified that the Committee has finally acted to estab- = : lish e program for dealing with nuclear waste disposal. It is action E overdue. whiur Our snation long's nuclear reactors have, produced approximately 7,500 =""
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metric tons of spent nuclear fuel. This is roughly equivalent to 950 _ e-million barrels of oil in energy potential. Due to the current ad- - ministration's misdirected policy of not permitting this spent fuel .. to be reprocessed, however, the potential energy in that spent fuel E"- F - - EEE-has gone unused. We are confident, however, that commercial re- is!!; processing will soon be permitted again in this country. When it is, f p j"-#="= the spent fuel will be " recycled" and the usable energy resource re- E :. === =- moved. What will remain will a small amount of liquid nuclear E .:. waste. Using proven technology, this liquid waste will be solidified in a glass-h'ke form. It !' then that we will need operating perma- [.; " " ' - - ~ E nent repositories for this waste. i.E ~~".. To achieve that goal, this Committee has passed two bills, H.R. 7418 and H.R. 6390, which together will provide the means by !" === - which operating repositories will be established. It is our hope that E:. . . . . . . .
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both bills will be integrated into a single bill to provide a compre- p hensive program for th,e development of these repositorie=. Such a y . __. ._ _ __. bill would have an unheensed research and development phase and _
=e; a licensed permanent repository phase. This is as it should be. H.R. [ :
7418, coming from the Committee on Science and Technology, is a E research and development bill. It provides for unlicensed testing of E : E "-9 : different geologic media in which permanent repositories for nucle- '~ ar waste might be located. It is a program of lunited duration, ex-i : piring in the year 2000. H.R. 6390 provides for the establishment of . .._ _ll-permanent, licensed repositories for nuclear waste. This phase, co- 1 ordinated with the unlicensed research, development, and demon- E .~M" stration phase, can best bring about the establishment of perma- i.T N E nent repositories which the Committee desires. We noted that the definition of high level waste in both H.R. f-7418 and H.R. 6390, as reported by this Committee, includes spent E fuel. Under such a definition spent fuel, a valuable energy re- i .. source, would not be reprocessed but would be forever lost by put-ting it in repositories for permanent storage. We believe that such F == E":. blatant waste of a precious energy resource cannot be permitted. But the Committee on Science and Technology and the Committee is on Interior and Insular Affairs addressed this same issue and both 5 rejected the notion of permanently storing spent fuel in repositor- U ~". . . . . . les as established under H.R. 7418 or H.R. 6390. In the spirit of co- E. =uu operation, and recognizing the need to move quickly to get these b
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btils to the House Floor, we did not attempt in Full Committee to
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l remove spent fuel from the definition of high level waste and, thus, =2 i7".".:. l prevent the spent fuel from being put in repositories. In the spirit L- ""~ 2Eii 2 of energy conservation, something which we know is important to all of our colleaguer on both sides of the aisle, we will work to see . . . _ . .. . .5
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- that spent fuel is recycled by reprocessing. We trust that a recon- . . . . . . . . . . . .
ciliation of differences between the three committees concerned
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will result in spent fuel being removed from the definition of high - - - - 1: vel waste and not permitted to be put into permanent repository - storage. If not, then we will urge our colleagues to see that such sction is taken when the bill or bills come to the House Floor.
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We must assure that these repositories will truly be used for ... ,; waste materials, and not for energy rich spent fuel. . . . . JAMES T. BRontu.L. *= "~~ ! SAMust L. DtvzNE. Tru Lrs CARTER. l CLARENCE J. BROWN. IC ' ! JAMos M. COLLINS. - NORMAN F. LtNT. 1:.:l
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=iiE51 EDWARD R. MADIGAN. "E35 i MATrHrw J. RINALDO. "
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q SEPARATE VIEWS ..k l. H =9 We believe any legislation establishing a repository for the stor- =
== =l age of nuclear waste should permit full participation by affected 7:.
states in the site selection process. Experience with the low-level l=~ sites in South Carolina, Washington, and Nevada has demonstrated b y the necessity for obtaining the cooperation of the local population in the site selection process. With good reason, these states are con-cerned with the handling of nuclear materials. 5: We are convinced that strong state participation in this process J art of E; ~~...... -= will lead to a more thorough and cooperative effort on the ffective r the Department of Energy. If the state does not have any e
" club" to hold over DOE, the effort at cooperation is likely to fail. id E$=~
E Eg During consideration of H.R. 6390, hir. Santini offered an unsuc- E :=> #d cessful amendment which would have made the Federal-State rela- = ?" " .
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tionship cooperative rather than adversarial. It would have moved !!i. E the time for state review of a siting selection to an earlier place on E . = = = the decision-making schedule, immediately after the President rati- Li. fies the decision of DOE on a specific location. Under the Santini ic fjs amendment, should a state reject the siting decision, the burden E:-
= . ,
would fall on the Federal government to demonstrate why the " state's objections should be overridden. A concurrent resolution of -- . . . m,,.,_. . , _ . . 3- - ' disapproval would be necessary to reverse the state's position. . y, Unfortunately, the legislation as reported does not provide for a 2E meaningful state review. The state does not have opportunity to pe- l' tition Congress expressing its opposition to a prospective site until after the Nuclear Regulatorv Commission grants a construction li- El cense. The Commission is given up to 4 years in which to make F EL == that decision. Should the state disagree at that point and petition ~~ Congress its likelihood of prevailing would be quite remote. Does Fi F= anyone really believe ConFress would reject the decision and allow - :47 another 4-year delay? Under the amendment we offered. the state M.; objections would have been presented much earlier, before the tre- t E. mendous resources in time and effort had been committed by the NRC. Should the state position not be overridden by Congress, E. there would be adequate time for the selection of another site. E We feel the relationship between the national government and E the states is the critical element in any nuclear waste policy adopt- E ed by this Congress. Without cooperation, the Federal program is ?5 E EE == :s bound to face enormous obstacles. As reported by this Committee, d E-the legislation does not provide the basis for confidence on the part == i' of the states that their concerns will receive serious consideration. F . . . . . As the legislative process continues, we intend to support strong. p. ss er provisions to protect the rights of the states in this most critical t;; = es -.n. .w:. ..:. ; decision. EDWARD J. A1Anxry. ..... 55
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' 96Tu CONGRESS ' HOUSE OF REPRESENTATIVES Rrpr. 96- ..
1882, Part U 7~~~ ._.l.I .- l.T. . . _I fd Session --.- l
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ATOMIC ENERGY ACI' AMENDMENTS OF 1980 == = - f s..a C ;-i...~ i.= i.... )
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StrTrusta 24,1980.--. Committed to the Committee of the Whole House on the State 4- . of the Union and ordered to be printed --- '.":-.~.:~-'
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O Mr. UDA1.1, from the Committee on Interior and Insular Affairs, -*"9 - == =ff - O submitted the following - i~= ' * :._.
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REPORT - === together with N= M- -
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ADDITIONAL - ' . . _ . .5'~ ' ~ SEPARATE VIEWS _ (To accompany H.R. 6390 which on January 31, 1980, was referred jointly to the Committee on Interior and Insular Affain and the Committee on Intentate and - Foreign Commerce.) : [ Including cost estimate of the Congressional Budget Office) U The Committee on Interior and Insular Affairs, to whom was re-ferred the bill (H.R. 6390) to amend the Atomic Energy Act of 1954, i and for other purposes, having considered the same, report favor- ~~ = ably thereon with amendments and recommend that the bill as ~ amended do pass. '~ The amendments are as follows: Strike out all after the enacting clause and insert in lieu thereof ^1 -- the following .
$HORT TrrLE AND TABLE OF CONTENTS . . .- - ; ~..~,..-.c~..f... _, .
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- Seenow 1. This Act may be cited as the " Atomic E.nergy Act Amendments of -. ~m t'## - ;~
1980". - TABt2 or ooNTENTE .. . . . . . . . . . . . . . . . - . s=. t swm w . . . , , _ .
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n;;: :::1 2 q Tm.E l-AMENDMDr!1 RELA'MNG PRD(ARD.Y TO RADIOACTIVE WAFTE q Surrreta A-man tavsk Waers Rascorroams .T.6 Sec.101. Fe& ass and purpenas. Sec.191 Definiuens. .......
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6ec.103. F.esponsikhues of the Secretary of Energy. Esc.104. ResponsM1iues of the Nuclear Regulatory h-- med the Environssestal Pr** Agency. =;- nr.r " :1 Esc.105. State parucepation. ..
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Esc 106. Participataon ofIn6an trGnes. [:' Sec.101. Bewww of rep mtery este eenectima. kr ::::(( Sec.10s. Ju&cial ruwww of asency actasen Sec.109. Espe 6ted autheruntsen. Sec.110. Weste daspasal fesa. - Sec.11L D.spumal of spent fust Sec.111 Tersumataan of authority. d:. g "!. Sverrn.s B-tow 4syst Waers g.l
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Sec.121 kaie authenues and rewpensibilitaan relating to dwpasal of le=4evel radianctive weste- .l. . . :.}: ":4 6ec.123. Aasmance for States under Stata asreements.
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T!TLE D-NUCLEAR SAFETY BOARD Sec. 201. Fadangs and purposet p.... . "y Sec. 201 Nuclear Befety Board. Sec. 203. Staff and support serv 6ess. g-'" Ber. 2o5. Spectfw powers of Baant E :. bec. 206. Genere] admanastrouve yewers of BosnL Sec 207. Publac scenes to aforinataca ::::
. . . . .7 fec. 206. Subaussion of certain anformadon to the Congeses.
Sec. 2m. hesponse to boare . _% e':.
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sec. 220. cm3 penaxae6 - Esc. 211. Judacial rewww. . -, . *
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sec. 211 Amaual report. Sec 211 Suneet prowwiena- _. Esc 214. Authortsstaon of appropewuana. ::: t.. . . . . . .
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TITLE I-AMENDMENTS RELATING PRIMARILY TO RADIOACTIVE WASTE E 1,. .
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Svar"rtz A-Nucts.Aa Hicn Lrvz1.WArrs RcPosnomiss ~ 2: E U"u :... rixotwos AND PURPOSES :::: - is !" Sec.101. (a) F1wnrxes.-The Congress finds that- E. _
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(1) Federal efforts made during the past 30 vears to devise a permanent solu-
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tion to the problems of nuclear waste disposalhave not been adequate. 22' (2) The accumulation of nuclear waste from military activities, commercial re- E' actors, and activities related to medical research, diagnosis, and treatment, as i::: well as nuclear waste from other sources, has created a national problem which I' can be resolved only with the cooperation of the Federal Government and the E9: States p :- (3)The construction and operation of repositories for the disposal of high-level
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waste and spent fuel is a Federal responsibility and is in the national interest. r:: s (4) The dis of nuclear waste is a potentially hazardous operstion which E., n= should be su to appropriate oversight by affected State and local govern-ments. .... .. (5) Public participation in planning and development of repositories for the = c . :. .~ . ~ . disposal of nuclear waste is essentialin order to promote confidence among the Fn .n== ... public with regard to the safety of disposal of nuclear wasta. . . . . . . . (61 The implementation of a waste repository development program in accont- , rG:; . . . . . . . . . . .TrE WEEJ ance with this Act would provide reasonable assurance that methods of safe ; r!. .. ::..... == .:: n".!:". 1 .f permaneet disposal of high-level waste can be available when such methods are : ::: . needed. 'i ;: (7) By order issued December 23, 1977, the Nuclear Regulatory Commission - terminated the proceedings related to the Generic Environmental Statement on :
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Mxed Oxide Fuel (GESMO) in response to concerns that the continuation of F . . . . such proceedings would negatively affect the nonproliferation initiatives of the
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3 Federal Government. As a consequence, the option to reprocess spent nuclear fuelis presently foreclosed to the nuclear industry. In recognition of the need to ...... move forward with a waste management plan,it is necessary at this time to do ": preliminary planning on the basis of geologic disposal of spent fuel. The Con- _.. c.= gress recognues, however, that this policy with regard to reprocessing mat =: change, and the Congress hereby encourages the Secretary to take this possibil. ~ ity into account in subsequent planning with regard to the disposal of nuclear !: = wastes, (b) PtraposE.-It is the purpose of this Act to-(1) set forth the responsibilities of the Secretary of Energy, the Nuclear Regu- _ latory Commission, the Congress, and the President with respect to the develop- tr ment and constnietion of licensed repositories for the permanent disposal of nu. : clear high level waste and spent fuel, including the dates by which certain ac- = tivities must be carried out; and (2) provide ' r State participation in decisionmaking on waste repository site development .nd for Federal assistance for States impacted by reposito y con. struction or operation. L;f. gg. E DErINrTIONs f" ,
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Sec.102. For purposes of this Act-
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(m k.) (1) The term " disposal" means the emplacement of radioactive waste with no 52-ET foraseeable intent of recovery, whether or not such emplacement permits the F~ recovery of such materials. (2) The term "high-level waste" means (A) liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the 5E concentrated wastes from su vent extraction cycles, or equivalent, in a fa. E= cility for reprocessing irradia reactor fuel, and (B) solids into which such r :== liquid wastes have been converted. ~
"=J (3) The term " Indian tribe" means any Indian tribe, band, nation, or other organized group or community ofIndians recognized as eligible for the services -=
provided to Indians by the Secretary of the Interior because of their status as 2. - Indians, including any Alaska Native village, as defined in section 3 of the =: Alaska Netive Claims Settlement Act (85 Stat. 688). E ._ rr" (4) The term " Indian reservation" means-(A) the Indian reservations and dependent Indian communities referre21 "" to in clauses (a) and (b) of section 1151 of title 15, United States Code; and _.
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(B) lands selected by Alaska Native villages or regional corporations - under the provisions of the Alaska Native Claims Settlement Act. - (Si The term " Secretary" means the Secretary of Energy. z. (6) The term " site charactertzation" means the program of exploration and n research, both in the laboratory and in the field, undertaken to establish the - geologie conditions and the ranges of those parameters of a particular site rele- r-vant to the procedures required under this Act. Site characterization includes .. borings, surface excavations, excavations of exploratory shafts, limited subsur. :-
/~% face lateral excavations and borings, and in situ testing needed to determine -
() the suitability of the site for a geologic repository, but does not include prelimi-nary barings and geophysical testing needed to decide whether site character-y ization should be undertaken. - (7) The term
- spent fuel" means that fuel that has been withdrawn from a ='
nuclear reactor following irradiation and the constituent elements of which - have not been separated by reprocessing. _ (B) The term " State" means any State of the United States, the District of _ . . Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any ; other territory or possession of the United States. 5 (9) The term " State Review Board" means any Nuclear Waste Repository Impact Review Board that meets the requirements under section 105(a). g[.?. aESPoNsrBIUTIES Or THE sECaETARY Or DrEaCY Sec.103. (a) SEtzer ox or RErosrroar Srtus. --(1) The Secretary shall carry out a [" 97 "= -- iW 5i;f Er program to construct and operate licensed repositories for the permanent disposal of highlevel waste and spent fuel. Under the program, the Secretary shall identify m rnd recommend to the Congress at least four potential repository sites which the f." Secretary considers suitable for development as licensed repositories. Such sites " shall be located, to the maximum extent practicable, in four different geologse
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'y' En media. Recommendations for the four sites shall be submitted to the Congnes by L. . ::r =fa December 31 1985. :"
(2) Sites witich shall be einmined under this subsection shall include those con- ""
.... r?j; sisting of the following geologic media: basalt, tuff, granite, bedded salt, domed salt, -
cnd such other media as the Secretarv may consider suitable. No site shall be ree- 4 cmmended to the Congress under paragraph (1) unless the Secretary considers such = site potentially suitable for future use as a licensed repository for the disposal of a u:: d high-level waste and spent fuel 1> t3) After identification of the four initial potential repository sites under pare-graph (11, the Secretary shall continue to conduct screening at other locations to de- _ termine the availability of additional potential repository sites in the geologic media --- described in paragraph (2). l E. (4) The recommendation of a repository site under this subsection shall not be I: . ::::::::i:D. . . . .
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considered to be a major Federal action under section 102(2)(C) of the National Envi- F ronmental Policy Act of 1969. p! r (b) SrTr Stucerion CarTralA.-Not later than February 15. 1981, the Secretary r "~- shall, in consultation with the Council on Environmental Quality, the Environmen. E:. ' tal Protection Agency, the Nuclear Remlatory Commission, and the United States S.:: Geological Survey, issue guidelines for ie qualification. Such guidelines shall in- F E ""'"" 8:'" :::.9 5 x clude criteria for the elimination of sites from consideration for repository develop. ment, including criteria with respect to such factors as association of the sites with @E.g: s ;;1.. 3 valuable natural resources, proximity to populations, hydrogeophysics, seismic activ. , ity, defense nuclear activities, and such other factors as the Secretary considers ap- EC - propriate. The Secretary shall use these guidelines in screening sites for selection ::F under subsection (a) for characterization for possible development into licensed re- L:! ^ positories. The development of these guidelines shall be considered a preliminary Ei :.- : ' decisionmaking activity and shall not be considered to be a major Federal action E under 102(2XC) of the National Environmental Policy Act of 1969. =. " (c) REPoE!ToaY StrE CHARACTr.k12ATioM.Hl) Before proceeding to sink shafts at k!! any repository site selected under subeection (a), the Secretary shall submit to the E. Nuclear Regulatory Commission for such site- E
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(A) an environmental assessment of nonradiological impacts of planned site ' -
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characterization activities and a discussion of alternative procedures and any mitigating measures relating to such impacts; and
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(B) a characterization plan which includes at least the following items-(i) a description of the site to be characterized; E:!: (iin a description of the planned site characterization program, including Ef.: the extent of planned excavations. plans for any on-site testing of radioac- E -.- l tive or non-radioactive material, investigation activities which may affect E - the ability of the site to isolate wastes and spent fuel, and provisions to con. E F:E: trol any adverse, safety-related impacts from site characterization including En r.;;
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j appropriate quality assurance programs; C.' l (iii) plans for decommissioning of the site if it is determined unsuitable F
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l for application for licensing as a permanent repository; c.. l (iv) criteria and associated data used to arrive at candidate areas; and ~ ~ - tv) any other information required by the Nuclear Regulatory Commis- E.T .... l 8 ?- "r sion prior to the sinking of shafts at potential repository sites; and
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(C) proposals describing the possible form or packaging for the waste material and spent fuel which would be emplaced in the repository, p.: ~ (2)In carrying out activities at each proposed repository site, the Secretary shall E consult on a continual basis w: h the Nuclear Regulatory Commissior.. Opportuni- E ties shall be provided for participation by the public and the affected States with E. u respect to such consultations. (3) At proposed repository sites for which environmental assessments and site 5.5 charactertration plans have been submitted under this subsection, the Secretary Et shall conduct such tests as may be necessary to provide data sufficient to validate a -
- "s-l license application and to comply with the National Environmental Policy Act of E r-1969, except that-(A) the Secretary shall not use radioactive wastes for site characterization E unless the Nuclear Regulatory Commission and the Secretary concur that auch : E . ...-. --.-.=..-..
~ ~ ~ " ET ET # '#""~"r"-W use is necessary to provide data for eol 'c repository licensing activities- "- ""=
i (B) if radioactive materisls are p in the site, the Secretary shall place : ? "-" the smallest quantity necessary to determine the suitability of the site for a re- E! : .. 2: EH f.x m. pository; "' (C)in no case shall testa at any site involve the use of an amount of high-level : J" waste or spent fuel which contams more than the curie equivalent of 10 metric E" """= tons of spent fuel; and E (D. any radioactive wastes used or placed on the site shall be fully retrievable. E.. . . . . . . . 7 f:
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(4) The Secretary shall not continue characterization activities at any site if the . Secretary determines that site to be unsuitable for eventual development as a li- P , c:nsed repository, unless the Secre determines that continued activity would - l provide information which could req ify the site for possible licensing. lf the Sec. .~..~. 1-. > ~ . retary makes any such determinations, the Secretary shall submit a report contain- JJ C- -
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- ~ $~~T ing the reasons therefor to the Congress. If characterization activities are termmat- J ~. . Jf.3 ... _ . _ i 1.. . 5 ". -
ed at a site for any reason, the Secretary shall remove any nuclear waste or other - m m m r m er.% v "c*n rtdioactive materials at or in the site as promptly as practicable. .,y ,. . w ... . m .. . .. s ...,me.e-H (d) RecoMMENDADON Or PERMANENT Rtrostroav Srrzs.-(1XA) Not later than . ~ . + ~ ~ - - + - - - + - March 30,1958, the Secretary shall submit to the President for his review under section 107(b) a recommendation of the site which the Secretary considers qualified MM'.-M-NJ.TWM.(M J. for application for license as a permanent re itory for high-level waste and spent ew mvm.wgra=**ww.i fut! and which conforms to the criteria deve pursuant to subsection (b). After
- 1. 4 .% E. j J' E g *"~p' & W I such date, the Secretary may submit to the resident recommendations for other y - m. m-
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sites which the Secretary also considers suitable for such purpose. Together with .-' .. N7 m any recommendation of a site under this paragraph, the Secretary shall submit to -j: the President a report contaming the followmg- --
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(i) A description of the proposed repository, including engineering plans for " 7. . .~ O,'r' . * '~ _ . 1 . n.Me M" - l the facility. -f'** (ii) A description of the waste form or packaging proposed for use at the re- 7.2"7 ~T_'O.S~5" 7 T. ' e pository. ( (iii) A discussion of data, obtained in site characterization activities, relating 2 .~ .. . .' 7, .' .-
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to the safety of the repository site. ' (iv) A final environmental impact statement for the site and the design of the ' ~ F. d T .T. E repository as required under the National Environmental Policy Act of 1969 to. n ,_. 7, . _., ; _ .. _ 7 y n. i gether with comments made concerntng the environmental im act statement by ...: - - . - . . - - l the Department of the Interior, the Council on Environmen Quality, the En-
" ~" ~~m ' " "- " "9'T vironmental Protection Agency, and the Nuclear Regulatory Commission. FW.T I tv) Prelimina comrnents of the Nuclear Regulatory Commission concerning ;
r._.;._:O;.7.r2a . . I the extent to w ch the at-depth site characterization analysis and the waste -L '
- m form proposal for the site seem to be sufncient for inclusion'in any application "" ~-:""~~
to be submitted by the Department of Energy for licensing of the site as a per- -
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manent repository for high-level waste and spent fuel. -
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(vi) The views of any State Review Board, and any governing body of an . M9 - . _ Indian tribe, which is affected by such site, as determined by the Secretary, to- p.w . w. . - - ,.. % c ..w gether with the Secretary's response to such views. n - , ', (vii) Such other information as the Secretary considers app priate to provide . _ a complete statement of the basis for the recommendation of t e site for licens- m . . :" . . ~P J' -
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inc as a repository for the disposal of high-level waste and spent fuel.
~"".^.~~r (B)11the approval of a site recommendation for the initial repository proposed as 4 '.
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required under subparagraph (A) does not take effect as a result of the operation of - " ' - ~ - section 107(b) or 107(c), the Secretary shall resubmit to the President under section .".' -- - 107(b), within one year after the disapproval of the recommendation, a recommenda- ~
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tion of another site for an initial repository, together with a report as described W'n- > under subparagraph (A). ;-
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(2) The Secretary shall submit an application for an authorization under the L- s . ... . : ;; - _ _ _.._ . : Atomic Energy Act of 1954 for the construction of a repository for high level waste .
.;---i /-i. J and spent fuel at any repository site recommended as qualdied for application for a '- c. a T T.T-~ ~'~~.T 7 .
license under paragraph (1) as soon as possible after the date on which the recom- . . . . %---E-1 T " 'C- cc-9 mendation of the designation of such site is effective in accordance with section 107. % ::.g:.F.d:: : f-d m .fM;;;.y
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Rrsrossrs Lrnts or ntt NuctI.AR RrCUt.ATORY COMMISSION AND THE ENVIRoNMENTA.L - PRoTrenox ActNey
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w :~.c.-wrys , geg..,g # y.n:r :- G3 Ssc.104. (a) PaoMtMANON or STA.NDARDs.-41) Not later than June 30,1981,the - a r C ~.i W 7-- E 2e U 4:E:9 Nuclear Regulatory Commission shall, rule, promulgate standards and require- ' E=.d m M .'.~.is?.Z- M N mints for the licensing and regulation o the disposal of high level waste and rpent fuel. Such standards and requirementa shall be consistent with the applicable gener-
-.a +&- = m . u r ::s Me s- 5 T -#. w al standards promulgated by the Administrator of the Environmental Protection % @q MC m:--
Agency under paragraph (2). (2) As soon as practicable, but not later than Jan 31,1981, the Administrator ~ ysrMs-k.5g- 7 r: ,==rsc m - E =- 5 of the Environmental Protection Agency shall, b ru e, promulgate standartis and requirements of general application pertaining to e licensing and regulation of the QWEM*cT.hegA 2:s dis of high-level waste and spent fuel. The Administrator shall consult with the Nu lear Regulatory Commission before promulgating any rule under this para-c %p7-crc-~M
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a graph. (b) STATUS Rtront ron CoNsTaverioN Pr.nxrr AUTHoRIZADON.-No later than 2
-. :::is .- ::.":.e.r c=rw --W yazrs after the date on which c 1 a ication for a construction authorization is sub.
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mitted under section 103(dx2), the uclear Regulatory Commission shall submit a .. m '~^itC1. T s~. __ :=== m:m: rr.:
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m ..: . 7..~.~.'.' 3 6 report to the Congress describing the proceedmgs undertaken through such date .ual with regard to the authorization application submitted, including a description of- .M (1) major unresolved safety issues, and the Secretary's explanation of design "r# - and operation plans for resolving such issuaa; (2) matters of contention regarding the application; , (3) any Nuclear Regulatory Commission actions regardmg the granting or .. e< denial of the authorisation. L: er (c) Lecassox RzcAmotNo CoxsTwenox AlfrHoatZAnoN APPtJCATION.-Not later than 4 years after the date the initial construction authorization application is sub. _...
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mitted under section 103(dX2), the Nuclear Regulatory Commission shall issue a I
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final decision granting or denying such authorization, subject to such terms and con- '
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n-ditions as may be required or permitted by law. y =a BrATz PARMCtPATION s-g.l.l Sec.105. (a) STATz Rrvtrw BoAnos.-(1) The prov2sions of this section shall be ap- 4 '""""' ' plicable orJy in the esse of any Nuclear Waste Repository Impact Review Board D.
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(A) has the composition and authorities described in this subsection; I" . . . . . . . - ="-
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arrer.. r_ ; (B)is established under State law by any State in which there is located a site E rmommended to the Congress by the Secretary under section 103(a) as a poten- E = =a : tial repositon site for which a characterization study should be done, or recom- Er mended under section 103(d) as the site for a repository and , Ei); (C) is determined by the Secretary to be established in accordance with this El . ..;.; section. E. -- (2) F.ach State Review Board referred to in paragraph (1) of this subsection shall Er be composed as determined by the State under State law, except that the following EE shall be provided for by such law: i:. == (A) The reneral public, any affected Indian tribe and affected local govern- 7:. . . . . .
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ments shal! be represented by toembers on the Board. E'" = r: _ (B) The State Review Board shall have the authority to-- 4 " ' ' ' ~ ' ~ ~ " (i) study and determine for purposes of carrying out the Board's fanctions under this Act the possible economic, environmental, and social impacts, z.. ible impacts on public health and safety, of a repository for the dis- ::: and !=c of high-level waste and spent fuel; m (ii) draft proposds suggesting assistance which would be required to be provided by the Federal Government to remedy or lessen the hopacts iden-E E- ." . . tified under clause (i); and rc (iii) review the activities undertaken by Federal agencies with respect to i.. possible repository sites within the State and, as appropriate, submit rele- E c.;;; 2l vant suggestions with regard to such activities to the Congress or appropri- [ u r.:( O ate Federal agencies. 2 : 3 a (C) The State Review Board shall hold meetings open to the public not less E E ..s E than once every 2 months, at which meetings the Board shall receive and to the E ' "" .2 extent practicable place on its agenda matters submitted by any Board mem. F " bers. EO (b) PAaMerrADON In RrrosrToar LiczNstwo DscisioNs.-Upon the submission to 1 the President of the recommendation of a site for a re itory for the disposal of E high level waste and spent fuel, the State Review Boa of the State in which the ="" Er site is located may, by majority vote of the membership of the Board, submit a peti- CE tion to the Congress requesting that the Congress disapprove the site designation. A En State Review Board may submit such a petition to the Congress not inter than the -". ",. 30th day after the date that the President approves the site recommendation under @:9 .. section 107(b) and seemits the recommendation and report of the Secretary to the E": Congress. A petition shall be considered to be submitted to the Congress on the date :- of the transmittal of the petition to the Speaker of the House and the President Pro F Tempore of the Senate. The petition shall be accompanied by a statement of reasons E explaining why the petition should be granted. - (c)1uracT ASSISTANCE.-(1) After the effective date of the approval of a permit for Eu - .T - . . ~ . . . .*' EEC
- F the construction of a repository for the disposal of high-level waste and spent fuel, F 5"####
the State Review Board of the affected State may submit to the Congrees and to the % - Secretary, the Secretary of Transponation, or the head of any other appropriate Federal agency a detailed request for technical or economie assistance, in such form E E~ or manner as the Board considers necessary, to mitigate the adven,e impacts which F
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will likely result from the construction or operation of the repository and to protect E the health and safety of the public, together with such requesta for legislative b ~ changes as the Board may consider necessary to mitigate such irnpacts. The Board shall submit with any such request a report which contains a detailed explanation
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. 7 of the anticipated adverse impacts from the repository and the reasons that the Board has requested the assistance or legislative changes specified in the report.
(2) The head of any Federal agency which has received, within the 90 day period beginning on the effective date of the construction permit for the repository, a re- ""-"' quest for assistance under paragraph (1) from a State Review Board, or from the """ - governing body of an Indian tribe as provided under section 106, shall submit to the _ .}}E Congress an evaluation of such request,includmg evaluations pertaining to the cost . . . . . . . of the proposals and their feasibility, together with such recommendations for alter. "-" native or supplementary assistance or legislative changes as the agency involved ~ may consider to be appropriate. Such evaluation and recommendstions shall be sub-mitted to the Congress within 90 days after the date of the receipt of such a request. .. (d) FUNoinc.-(1) Subject to paragraph (2) and to the availabihty of funds to carry R out this section, the Secretary shall provide to each State Review Board such funds as may be necessary to provide technical assistance to the Board and to permit the Board to carry out its duties, except that at least 10 reent of the total budget of the Board shall be provided by the State from non F eral funds as its State share. Salaries and travel expenses which would ordinarily be incurred by any State or ir. :
.iE local government shall not be considered part of the budget of the Board and shall L not be eligible for payment under this section. ET. ==
T (21 At the end of the one-year period beginning on the effective date of any operat. [V ing license for a repository in a State, no Federal funds shall be made available under this subsection for the State Review Board of the State in which the reposi-E"- E tery is located, except for-(Al such funds as may be necessary to support Board activities related to any b - other re itory located in, or proposed to be located in, such State, and which E has not n operating under license for more than one year; and := (Bi such funds as may be necessary to support Board activities pursuant to agreements or contracts for assistance entered into under subsection (c) by the - board with the Federal Government before the end of such one-year period. (e) PARTICIPATION tN l.JCENstNo.-A State Review Board mas participate in any n licensing proceedings related to repositcries for the disposal of high-level waste and spent fuel which are to be located in er adjacent to the State in which the Board is : _ constituted. "' - '- (f) CoNst t.TAttoN.-(1) The Secretary, the Nuclear Regulatory Commission, and I other agencies involved in the construction or operation of a waste repository in a .. State shall provide to the State Review Board of such State, and to the governing n body of any Indian trabe on or adjacent to whose reservation the repository site is F located, timely and complete information regarding determinations or plans made _. .= with respect to the siting, development, design, construction, operation, or regula- . . . tion of the repository. {~ (2)In performing any study of an area within a State for the purpose of determin- - ing the suitability of the area for a repository and in subsequently developing and . loading any repository within a State, the Secretary shall consult and cooperate with the State Review Board of the State in an effort to resolve the State's concerns - regarding the public health and safety, environmental, economic, and social impacts (Av) of any such repository. In carrying out his duties under this Act, the Secretary shall take such concerns into account to the maximum extent feasible. (31 As soon as possible after notifying a State of his decision to study an area E. within such State as a possible repository site, the Secretary s: * *ek to enter into a written agreement with the State Review Board of the State sa s forth the pro- _= cedures under which the requirementa of paragraphs (1) and (2) shat be carried out. The written agreement shnu provide for- " (A) the right of the State to study, determine, comment on, and make recom-mencations with regard to the possible health and safety, environmental, eco-nomic, and socialimpacts of any such repository; == (B) procedures, including specific time periods, for the Secretary to receive, consider, resolve, and act upon comments and recomnwendations made by the State Review Board; and (C) procedures by which the Secretary and the State Review Board of such State may review or modify the agreement periodically. 22- r.z; 2= r;.;; . (g) STucy To Paovmc lxPact AsstsTA.Ner to LocAt. CoMMUNrnri-The Secretary ~ -
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shall conduct a study to determine the desirability of and possible methods ofimpos " "" ing fees on users of the repositories to make sums available for assistance to those communities impacted by licensed repositories for the disposal of high-level waste end spent fuel. The study shall be designed to determine (li the amount of any fee to be levied and the manner in which it would be assessed, (2) the process for deter- - mining which communities should be eligible to receive assistance with amounts ~E
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generated by the fees, and (3) appropriate conditions which should be required with :=: respect to the expenditure of assistance grants. ,, [ a . .a.E. I . . ~ . l * * ' * *. , . .* .. .
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=u= . .q FARTICIPATION Or 1NDiAN TalaEs y
-4 SEc.106. (a) Attraoarrius or TaraAt. GovEaxtNo i f which Con- Boorrs -The governing body of a ==%
on whose reservation is located a site recommended 3 d) as the to the :- s any Indian tribegress by the Secretary under section 103(a) as a potential repository s te or characierization studyshall- should be done, or recommended under acetion 10 ( site for a permanent repository,ities provided to State Review Boards under section -
- 0) have the same author i 105(cXI) in the c:
l.% Ef 105(aX2XB) and section 105(b); and(2) be eligible y out this for im_ pact = assistance ~~-- as described in1 same manner as State Review Boards. dt E!
'j (b) AssitTANCE TO TalaES.-Subject to the availability h Indian tribe of fun re- s o carr ~" '
section, the Secretary shall provide to the governing body ofl eac '= l ferred to in subsection (al such funds as may be necessary to provide technica as-the activ
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d pc. prepository. At the en sistance to the tribe 105(aX2XB) and (C) and other similar activities and to conduct relatedf to thes s.. of the one-vear period beginning on the effective repository located on a reservation, no Federal d il ble date underof any operating eservation the h funds shall be ma e c'
?.hava a license or a
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9= ~"iii;.::3 T5 this subsection to the governing body of the Indian ltribe t d toon anywother ose r to: unn. I "~;r, repository is located, except for-(1) such funds as may be necessary to support activit es re dawhich i e h . _] repository located in, or proposed to be located in,t to such reservation, an .. has not been operating under license for more than one year; andIT. agree-f the er
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g]. (2) such funds as may be necessary to support activities pursuan E9. ments or contracts for assistance entered into i. by the governing bod r
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period. d f Indian tribe shall be 51 :. 27< (c) P AmrictPATioN IN IJCENSING.-The governing bo ity ies for the dis-o any t to the E:!; - d eligible to participate in any licensing proceedingsp related to repos orpos :;;;g reservation of such tribe. _. aEVIEW Or aEPos TORY SITE SE1J:C77oN '
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I SEc.107. (a) POTENT 1At. REPOSITORY SITES.-The designation by the Secreta'~ur 03(a), of a site .: . suant to a recommendation submitted to the Congress under section FE i n ofwaste and 1 for characterization for possible disposal of high-level h Congress, E:.. spent fuel shall be effective unless, during the first period of 90 calendar days of l use of continuous E~ sess o ., li Eur the Congress after the date of transmittal i ti of the site ofatthe recommendation F E. to t eth - which reads as follows "The Congress disapproves the des gna on for characterization for possible disposal of high4evel waste and Ed. I": spent fuel.";(the blank space being tilled with the geographic location of ch recom- E= the proposed re-.~... .~m- m~~ i E ea = pository sitel(b) PaEsiotNTtu. Review or StrEs.-0) The President d shall ti n rev ew E 1'~ ~9 rnendation for the location of a repository submitted by the Secretary un er sec o I 103<d), together with the accompanying report. Within 60 d daysEn after the submission of the recommendation and report, the President h shall either approve ith a state- sc r the site an transmit such recommendation and report to the Congress, toget er wor shall j"ndisapprove the ment recommending approval of the site for the repository,d to the Congress. d para-
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site and submit notice of the disapproval to the Secretary an i that (2> The President may delay for not more than 6 months his decis on un er h h c graph (1) for recornmending approval hin theor disapproval 30 days ,
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terizction plan for the site is not sufficient to permit a decision wit c.= referred to in paragraph G). d spent fuel Eiii. ""- (3) The designation of a site for 'a repository for high4evel waste h t the an 5- Ei shall be effective at the end of the 80 day period beginnmg on the date t a d ="=~ ""
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President approves the site designation under paragraph G) unless a State Review i Board has submitted to the Congress a petition for disapproval *under ... section
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or the governing bodv of an Indian tribe has submitted such a petition the Congress not be effective except as provided under subsection act i - - . . d = ._ a under (c) CoNoatssioNAI. REvrew or SrrEs.~0) subsection (b) a recommendation for approval If the President of a site las subm a repository ts to an ' 5 ~ either a State Review Board submits to the i vCongress a petition for disa I l gress such a petition under section 166, the designation of such site fo
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' 90 calendar days of continuous session of the Congress after the date of transmittal ef the recommendation of approval by the President to the Congress, unless, during = '"r m such period, either House of the Congress resolving clause of which reads as follows: "The passes a resolution approves thethe matter after the petition ,
submitted by regarding the disapproval of the site at for o repository for the disposal of high-level waste and spent fuel."; (the first blank space being filled with the designation of the appropriate House of the Congress; the .7 second blank space being filled with the name of the State Review Board or Indian . tribe governing body the petition of which is approved; the third blank space being filled with the geographic location of the proposed repository site). For purposes of paragraphs (3) through (7) of this subsection, the term "resofution" means a resolu-tiin described by this paragraph. ." . ~ . (2) Paragraphs (3) through (7) of this subsection are enacted by Congress- = ~.. (Al as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be i!! followed in that House in the case of resolutions described by paragraph (1) of this subsection; and the provisions of such paragraphs supersede other rules p; gi only to the extent that they are inconsistent therewith; and c
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the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the = (V 4 House. = (3) A resolution once introduced with respect to any site designation shall immedi- E:: rtely be referred to a committee (and all resolutions with respect to the same site :" designation shall be referred to the same committee) by the President of the Senate r = 2" or the Speaker of the House of Representatives, as the case may be. (uA)If the committee to which a resolution with respect to a site designation has b: been referred has not reported it at the end of 20 calendar days after its referral,it E shall be in order to move either to discharge the committee from further considera-tion of such resolution or to discharge the committee from further consideration of E:l c.ny other resolution with respect to such site designation which has been referred i to the committee. L
@ A motion of discharge may be made only by an individual favoring the resolu- . . _ . . .=
tior, shall be highly privileged (except that it may not be made after the committee - - has reported a resolution with respect to the same site designation) and debate I' - - - thereon shall be limited to not more than one hour, to be divided equally between - those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by E which the motion was agreed to or disagreed to. (C)If the motion to discharge is agreed to or disagreed to, the motion may not be : r:newed, not may another motion to discharge the committee be made with respect to any other resolution with respect to the same site designation. : (5EA) When the committee has reported, or has been discharged from further con-sideration of, a resolution it shall be at any time thereafter in order (even though a (~) previous tootion to the same effect has been disagreed to) to move to proceed to the - k.J consideration of the resolution. The motion shall be highly privileged and shall not _ ta debatable. An amendment to the motion shall not be in order, and it shall not be ~- in order to move to reconsider the vote by which the motion was agreed to or disa. greed to. r (Bi Debate on the resolution referred to in subparagraph (A) of this aragraph - shall be limited to not more than 10 hours, which shall be divided equall between -.
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those favoring and those opposing such resolution. A motion further to li it debate shall not be debatable. An amendment to, or motion to recommit, the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by un which such resolution was agreed to or disagreed to. r (6KA) Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
@ Appeals from the decision of the Chair relating to the application of the rules cf the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.
(7) hotwithstanding any of the provisions of this subsection, if a House has ap-
;7- . . '== --- . ~ . .r 9" 3E proved a resolution with respect to a site designation, then it shall not be in order to consider in that House any other resolution with respect to the same such site designation. ^
(d) Court TAttow or DAYS-Ior purposes of subhect30ns (a) and (b) of this bec. l tion-i i h" u:=
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" ment of more than 3 days to a day certain are excluded in the computation of the 90 day period.
N = =: stmictAt. arvizw or AGENC"Y AC"rlOMs Sse.108. Notwithstanding any other provision of law, the actions taken by the Department of Energy in designating any site for characterization, in designating :._
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an initial site as a repository for the disposal of high-level waste and spent fuel, or ~ - in characterizing a site, any actions taken by the Nuclear Regulatory Commission - in granting or denyt'ag any construction permit application submitted to such a fa- p cility under section 103(dX2) or any operating permit for such a facility, and any actions described under section 10 shau not be subject to judicial review except as == provided in this section as follows: " (1) Claims regarding any such action may be brought not later than the 60th ' day following the date of such action, except that if a party shows that the . [_
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' party did not know of the action complained of, and a reasonable person acting to the circumstances would not have known, he may bring a claim alleging the td. .
invalidity of such action on the grounds stated above not later than the 60th E".i day following the date of his acquiring actual or constructive knowledge of such { :
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actnon. sa 2; (2) A claim under paragraph (1) of this subsection shall be barred unless a 9-- - complaint is filed before the expiration of such time 11rrits in the United States I.: Court of Appeals for the District of Columbia, acting as a special ccurt. Such EE court shall have exclusive jurisdiction to determine such proceedm' g in accord- r., . . . . . . . ance with the procedures hereinafter provided. and no other court of the United E-?:. i States or of any State shall have jurisdiction of any such claim. E (3) Any proceeding under paragraph (2) shall be assigned for hearing and Er - completed at the earliest possible date, shall, to the greatest extent practicable. Egi
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take precedence over all other matters pending on the docket of the court at - that time, and shall be expedited in every way by such court, and such court f!"" i shall render its decision relative to any claim withm 90 days from the date such :n- == ::::=: claim is brought unless such court determines that a longer period of time is l ! required to satisfy requirements of the United States Constitution. - I4 M-ma . ~ .S n - -a- - exrto!Trn AvntoRtLAT!oNS _ ! Sec.109 (a) ISSUANCE or AtmtoatzATioNs.-41) Subject to paragraph (2), to the 5: n=
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l extent that the taking of any action related to the characterization, construction, or E" ' l initial operation of any site recommended under this Act and not disapproved under this Act for the disposal of high level waste and spent fuel requires a certificate, E.? right of-way, permit, lease, or other authortzation from a Federal omeer or agency, b ~. such omeer or agency shall issue or grant any such authorization at the earliest E" practicable date, to the extent permitted by the applicable provisions of law admin- it- " . " " ~ii 5 tstered by such officer or agency. All actions of a Federal omeer or agency with re. E:i := ii ? spect to consideration of applications or requesta for the issuance or grant of any is: - such authertzation shall be expedited, and any such application or request shall E -:.. take precedence over any similar applications or requests not related to such reposi- n tories. 1 (2) The requirernents of paragraph (1) shall not be applicable in the case of any E. . . _
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action related to any permit or other authorization issued or granted by, or request- E:- ed from, the Nuclear Regulatory Commission. (b) Traus or AUTHoRt2.AT)oNs.--(1) Any authorization ist,ued or granted under b. i subsection (a) shall include such terms and conditions as may be required by law, E.".
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) and may include terms and conditions permitted by law. (2) Except as provided in the second sentence of this paragraph, nothing contained EE I in this section shall be construed to impair the authority of any Federal omeer or r - l agency to add to, amend, or abrogate any term or condition included in any authori- F;"! : zation issued or granted under subsection (a) if such action is otherwise permitted " l under applicable laws administered by such omeer or agency. In the case of any b .c.
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) such action which is permitted but not requ' red by law, the Federal omeer or ; == - l l agency shall have no authority to take such ection if the terms and conditions to be J so added, or as so amended, would have the effect of terminating the characteriza- : ,
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tion, construction, or initial operation of the potential or permanent repository """ which the authorization aHects.
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l l . 11 l W AfrE Disposal FEas Sec.110. Cournow or Frzs.-Ha) The Secretary shall collect fees sufficient to offset all construction, operation, administrative, and other costs incurred by the Secretary in providing for the disposal and management of nuclear wastes and og spent fuel. The Secretary shall collect such fea from the persons or entities, wheth.
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cr public or private, who hold title to the nuclear wastes or spent fuel which is sub- , ject to disposal by the Secretary. As used in this subsection, the term " nuclear wastes" means any radioactive material (other than spent fuel) for which interim storage or disposal is provided by the Secretary. - l (b) Usr or Ftts.-Section 111(h) of the Energy Reorganization Act of 1974 is :") i amended-(1) in paragraph (1), by striking out "and" after the semicolon: (2# in paragraph (2), by striking out the period and inserting in lieu thereof "; E and"; and [.].] (3) by adding at the end the following: e t-E.
"(3) revenues received by the Secretary of Energy under section 11(a) of the Nuclear Waste Disposal Act shall, when so specified in appropriation Acta, be p::::
retained and used for the specific pur E A Secretary in providing for the disposal, pose storage, mterim of offsetting costs incurred and management by the of nu- E V clear wastes and spent fuel." 5::.
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otsPoSAL Or EPfNr Ft1EL J~ _, Szc.11L Notwithstanding any other provision of this Act, any repository for the disposal of high-level waste and spent fuel which is designed and constructed under L,7 this Act shall be so designed and constructed that the spent fuel may be retrieved, = during an appropriate triod of operation of the facility, for any reasons pertaining - to the public safety o* the purpose of permittir g the recoverv of the economical- m.. ly valuable contents r . spent fuel. The Secreta ry shall not dispose of spent fuel in a manner which 1 . not allow for its recoverv in accordance with the preced- "[ ' ing sentence unless s;, .ically authorized to do so f>y the President. E TERMINATION or AttrHoarry -% m- - - f 1 r Sec.112. (a) Scenons 106 Ann 109.-The provisions of sections 108 and 109 shall - cease to have effect at such time as the Secretary commences licensed operation of et least one repository for the permanent disposal of high-level waste and spent fuel. (b) REMAINDER or StMr!TLz.-The provisions of this subtitle, other than sections 108 through 111, shall not have effect after December 31,1999. : Stimmu B-14w Lrvet WAfrE tr A V tow trVEL WAfrE Sec.121. (a) AMENDMENT m Swnon 11.-Section 11 of the Atomic Energy Act of ~ 1954 is amended.b,v adding the following new subsection at the end thereof.
"dd. The term low level radioactive waste' rneans waste containing source, by- -
product, or special nuclear material which the Commission determines, by regula- F. tion, requires disposal in accordance with sections 83, 64, and 161 x. of this Act, E. sxcep"t that such term does not include byproduct material as defmed in section 11 e.(2).. { (b) AwtxoMrwn to Stenow 274 RetaTrwo PRIMARILY TO 14w LEVEL WAFrE.- (IXA) Paragraph (1) of section 274 o. of the Atomic Energy Act of 1954 is amended 5 L. by inserting the following before the comma at the end thereof: *in the case of by- E" product material as defined in section 11 e. (2) and in the case of low-level radioac. : tive waste", r. (B) Paragraph (2) of such subsection o. is amended by- I:: (i) striking out "such material which" and inserting in lieu thereof " material, F P P W ".7 . . . _ waste, activities, and facilities regulated by the State pursuant to the agree- E == ment, which standards"; and Ii (ii) by inserting ", where applicable," after " including". E: l (C) Paragraph (3) of such subsection o. is amended by- - -= l (ilinserting the following after "(3)": "for the licensing and regulation of b product material as defined in section 11 e. (2) and low level radioactive waste,p'; E (ii) striking out in subparagraph (A) " procedures under State law which in-clude" and substituting "under State law ; and - b W
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12 (iii) in subparagraph (C)(iv) thereof by inserting
- site closure," before "decom- , _
missionmg . _ (D) Subparagraph (D) of paragraph (3) of such subsection o. is amended by striking === out "with respect to such material" and substituting "with respect to the material "~"" and waste to which this paragraph applies". - (E) So much of paragraph (3) of such subsection o. as follows subparagraph (D) =c.:.::45 thereof is amended bv- -n=Ei: (A) striking ou't "of such material" the first place it appears and substitutm' g :.s "with respect to byproduct material as defined in section 11 e. (2) or low-level z.r radioactive waste, or with respect to any site used for the disposal thereof"; and (B) striking out "of such material" in the second place it appears and substi- p :E:4 tuting "of such material, waste, or site". E _ . . . (2) The penultimate sentence of section 274 c. of such Act is amended by inserting E=: - the following before the period at the end theruf. "and prior to termination of a " license for disposal of low-level redioactive waste". (3) Section 274 i. of such Act is amended by adding the following at the end there- g of: "The Commission may provide technical assistance to States for purposes of 2. r ..= . aiding the States in resolving problems relating to the disposal of radioactive wastes whether or not such wastes are composed of sou.ce, byproduct, or special nuclear E _ ir 3 f.$ material." ". . . . ." (c) AwanumTs To Stenon 83.-(1) Sectioc 63 of the Atomic Energy Act of 1954 E r <== J is amended bv striking out the heaciw theof and substituting "OwNzasme Axo Cuswov or CERTAIN DYPRODUCT MATiRtA1., low lJ.VI:L RAnioAe:Tvr WASTT., AND b r[:f Dispo6Al SrrI3. ". (2) The item relating to section 83 in the table of contents for such Act is amended , b 3:- to read a follows:
-s.c sa o-wr. hip .nd eu s dy or c rsain bypmd.cs maien.1. no .ievel r.4 o.es, . i.. .nd 6.po ! .n ? f::
(3) Sectioti 83 a. of such Act is amended by inserting before the words "shall con- E-tain" the following: "and any license issued or renewed after the date of the enact- I-ment of the Atomic Energy Act Amendments of 1980 for the disposal of low level E
^ . . .
radioactive waste,". - - --- - ' (4) Section 83 a. (1) of such Act is amended by- - - - - " (A) inserting " site closure," before " decommissioning": and l - (B) inserting the following at the end thereof. "for sites at which such low- _ level radioactive waste is disposed of, and". F (5) Section 83 a. (2)(B) of such Act is amended by striking out "in the State" and E. substituting "the State". h _ (6) The last sentence of section 83 a. of such Act is amended to read as follows: I" r"
"Any license which is in effect on the effective date of this section (in the case of byproduct material as defined in section 11 e. (2)) or on the date of the enactment of F:.
the Atomic Energy Act Amendments of 1980 (in the case of a license for the disposal of low-level radioactive waste) and which is subsequently terminated without renew- i
=_._":l al shall comply with paragraphs (1) and (2) upon termination, except that in the r i
l case of any such license, the reference in paragraph (2) to the exercise by the St. ate p 1 :. of an option under subsection b. (1) shall be treated as a reference to the exercise by E l the State of the option under subsection b. (4)", E (7) Section 83(bX1xA)is (A) striking out "(bXIXAl" amended and su by bstituting "b. (IXAl"; and b (B)insertmg in the first sentence after " effective date of this section" the fol- E lowing: "(in the case of byproduct material, as defined in section 11 e. (2b or ?" after the date of the enactment of the Atomic Energy Act Amendments of 1980 E:: (in the case of a license for the disponal of low level radioactive waste)" ini F" (8) Section 83(bX1)(B) of such Act is amended by-(A) striking out "of the land" and substituting "of land used for the disposal 5 of byproduct material as defined in section 11 e. (2) which land is"; F (B1 striking out "under subparagraph (A) or this paragraph" and substituting g.;
"under subparagraph (A) or under paragraph (4)"; and (C) inserting the following at the end thereof-. '
"(C)If the Commission determines by order that use of the surface of land used :-
for the disposal of low-level radioactive waste transferred to the United States or to E: := - E
'"~~" 7_ EE E+7 a State under subparagraph (A) would not endanger the public health, safety, web b #2 fare, or environment, the Commission, pursuant to such regulations as it may pre-scribe, may permit the use of the surface of the land in a manner consistent with b the provisions of this section. If the Commission permits such use of such land, it E shall provide the nerson who transferred the land with the right of first refusal with respect to . use of the land."
(9) Section 83(b 3f such Act is amended by-i
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FE . E "-" 13 (A) striking out " title to such by tuting " title to byproduct material, product low-level waste,material and such land" and substi-or land"; and (B) striking out " custody of such byproduct material and land transferred as provided in this subsection" and substituting " custody of the byproduct materi- _g al, waste, and land so transferred", (10) Section 53(bx3) of such Act is amended to read as follows:
"(3) If transfer to a State of title to any byproduct material, low-level waste, or _ . . .
land is required in accordance with this section, the State shall, following the Com-mission's determination of compliance under subsection c., assume title and custody to the material, waste, or land concerned. The State shall maintain the material, waste, and land so transferred in such manner as will protect the public health, safety, and the environment.". (11)(A) Section 83(bX4) striking of such out "such Actunder license is amended sect by ion 62" and substituting " license p under section 62 or section 81 with respect to byproduct material as dermed in tE
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section 11 e. (2)"; E2 (B) inserting after " effective date of this section," the following "and in the case of any license for the disposal of low level radioactive waste which was in Er effect on the date of the enactment of the Atomic Energy Act Arnendments of En 1980"; and :. n (C) inserting "or material which is low level radioactive waste" immediately
; after the words "such byproduct material". E (V (12) Section 83(bX5) of such Act is amended by striking out "date of the enactment of this Act" and substituting "date of the enactment of the Uranium Mill Tailings ;;;:.
J Control Act of 1978". ?= (13) Section 83(bX6)is amended by striking out "this subsection" and substituting E "this section". : .. . (14) Section 83(bX7) of such Act is amended bv- E: ...... . . . . . . . . (A) striking out the first sentence thereo? and substituting " Material and land : VE- :=
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transferred to the United Stater or a State in accordance with this subsection Er shall be transferred without cost to the United States or a State (other than =a . . . . . . .
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administrative and legal costs incurred in carrying out such transfer)." and sub. 2: stituting " Material, low level radioactive waste, and land transferred to the : United States or to a State in accordance with this subsection and subsection a. ~". shall be transferred without cost to the United States or to the State (other 5 - - - - - than administrative and legal costs incurred in carrying out such transfer)."; b - p .m .m. a. . P and ~ (B) striking out " Subject to" and substituting "In the case of byproduct mate-rial as dermed in section 11 e. (2) and land used for the disposal thereof, subject _ to". ;. . . . . . . (14)The following prmisions of section 83 of such Act are each amended by insert- rn um ing "or any low-level radioactive waste" immediately after the words "as dermed in , nun section 11 e. (2)" each place they appear in subsection a. (2), subsection b. (1XA), and - subsection b. (6) and (8). (15) Section 83 c. of such Act is amended to read as follows: -
"c. No license to which this section applies may be terminated until the Commis- -
A) (- sion has made a determination that the licensee has complied with the require-ments of subsection a. and any other applicable decommissioning and site closure requirements. = r::: tdl AwtNDMtwn m Srcriox B4.-(1) Section 84 of such Act is amended in the Ex duE
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heading thereof by inserting "and Low I.4 vel Radioactive Waste" after " Material". E (2i The item relating to section 84 in the table of contents for such Act is amended by inserting "and Im-Level Radioactive Waste" after " Material". (3) Section E4 a. of such Act is amended by redesignating subsection b. as c. and t.. :: by inserting the following new subsection after subsection a : E ' '
"b. (1) The Commission shall insure that the disposal of any low-level radioactive EE -
waste is carried out in such manner as the Commission deems appropriate to pro- E teet the public health and safety and the envircnment from radiological and nonra- L
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diological hazards asaoeisted with the possession and disposal of such waste. [a"
"(2s The Commission may provide for the disposal of low-level radioactive waste at sites which are located within or adjacent to sites at which hazardous waste is die- En := .
posed of pursunat to the Solid Waste Disposal Act, or at sites classif ed as sanitary .r
. . . _ :=. . . . . . ._..
landfdis under criteria promulgated under section 4004 of that Act, where the Com- = , , . . . . .r--- "wr put mission determines, in consultation and coordination with the Administrator of the Environmental Protection Agency, that the disposal oflow-level radsoactive waste at E '. .
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such sites is feasible and will not unduly endanger public health and safety or the ! environment. ! "(3) The Commission may,in consultation with the Administrator of the Environ-mental Protection Agency, promulgate rules and regulations designating concentra- L
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tions or levels of activity for low-level radioactive waste which mad under subtitle C :.. ! hazardous waste disposal sites for which a permit has been issue of the Solid Waste Disposal Act or in sites classified as sanitary landfills under cri- - teria promulgated pursuant to section 4004 of the Solid Waste Disposal Act.". :... R sumended (A) striby lung out "such' byproduct material" and substituting " material or x4 waste to which this section applies" United States or any officer of employee of ::.1 (B) stn')u'ng out "other than the (other than the United States the United States or a State" and substituting "d States or a State)"; and , . . j or a State or any officer or employee of the Uniteand substituting *as provided ina '"the case of ~;;d (C) striking out "as violations . . .
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violations", gin == (e) AMENDMENM M SECrlON 1611.-Section 161 x. of the Atomic Energy m Act of 1954 is amended- pm
' (1) in paragraph (1) thereof by l of low-level radioactive waste," after "as de-(A) insertmg "or for disposa E.f.:.
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finwi in section 11 e. (2L". E2 - . . . . . . . . (B) inserting " site closure," before " decommissioning"; and Ei!.
- = Ti ~n (C) by inserting "or used in conjunction with the disposal of such low- Em .
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level radioactive waste," after "as so Afined"; ET " ~ ' " ".?? (2) by striking out "and* at the end of paragraph (2XA), by" striking outt"theand , and by adding dd period at the end of paragraph (2XB) and substituting ";2): Eh , , , , .=u.: q the following new subparagraph at the end of paragraph ( 1::.
"(C) in the case of each license for the disposal of low-level radioactive E" .aN waste (whether in effect on the date of the enactment of this subparagraph EE or issued or renewed thereafter), if the Comminion determines that any Eg: :ggic long-term maintenance or monitoring, or both, is necessary, the licensee, E::
before termination of the license, will make available such bonding. surety. FT or other financial arranfements as may be necessary to assure the neces- E= sary long-term maintenance or monitoring, or both."; and E (3)in so much of such subsection x. as follows paragraph (2) thereof, by- -- - - _ _ . . _ _ __ I (A) inserting " site closure" before " decommissioning"; and l r-.,,, ,.' m'" (B) striking out "to carry out subparagraphs (1) and (2)" and substituting "to carry out paragraphs (I) and (21. f.]: 4
- '. :: 25 I
l STATE AtTrHofuTIIS AND REsPONstatLTT!13 RELAMNC '!D DisPOsA.L RADioAcrTVE WASTE { OF 14W LEVEL
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Sec.122. (a) AxrwoutwT or ATowie Euracy Aer or 1954.- Chapter 8 of the 5:!: Atomic Energy Act of 1954 is amended by adding the following new section at the:- . . . . . . .~~C l E# i end thereof:"Szc. 85. STATE AtyrnonJTIts A.wp ResPONS19ttmts RE1.AT!NC TO DISPOSAL E! Or ::. 14w= u .: t Levrt RADioAcr!VI WASTE.-a. After the date five years following the date of the E.! " l enactment of this section, the Commission shall not grant a general or specific li- E :. - cense or an exception from licensing under this Act for the interstate transportation F for the purpose of disposal of source material, special nuclear material, or by prod- E!! .:::::: uct material which under the regulations of the Commission may be disposed of by E the shallow land burial method unless the State from which the transportation U originates has entered into an agreement or compact with the State in which dispos F:3 l Cl i al is to occur relating to the management and disposal of such waste."b. E:.: i Each State in which ised to enter into such agreements and compacts with other States as may be eces- Fll - sary to establish facilities for the disposal of low-level radioactive EYi r_: waste."(b) TABLE or C [=j; adding the following new item at the end thereof:"Sec. 65. State authorities -rr and responsibilities rela active wasta.". f.. p r.p = =;; ;;.;;...;
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I ASsurrANCE fos STATES UNDEa FrATE AGREEMENTS y
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t Sec.123. (a *Nes Atarnonzzzo-The Secretary of Energy may make funds avall- ! , able to any States which have entered into agreements to prov>de for the safe dis-posal of low level radioactive waste generatal or to be disposed within such States. Ar.. s State which desires to receive funda or technical assistance under this section for the planning. construction, or operfion of facihties for the disposal of such =e wastes snall submh to the Secretary of r;n ergy an application therefor at such time, @ in such rnanner, und containing such information as the Secretary may require. hb j .
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(b) LturrATIONs ON Exrtworruars.-No funds may be made available under this section except to such extent or in such amounta as may be provided in advance in --
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appropriation Acts. g TITLE II-NUCLEAR SAFETY BOARD N p-
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rtNotNos AND PuaPo8Es (( Sec. 201. (a) FtNo Nos -The Congnsa finds that- 6 (1) there is a great need for-E
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(A) vigorous investigation of events at facilitite, or involving materials, ;;;; licensed or otherwise regulated by the Nuclear Regulatory Commission; and E (B) continual review and assessment of licensing and other regulatory t= practices of the Nuclear Regulatory Commission, which assessment may C.! result in conclusions critical of the Nuclear Regulatory Commission or its :- omeials; and ; (2) no Federal agency can properly perform such functions unless it is inde. t pendent of all other agencies and instrumentalities of the United States. . (b) Pt'apose.-It is the purpose of this title to establish a Nuclear Safety Board as : gm! an independent establishment in the executive branch of the United States, which - r L' shall promote nuclear safety by conducting independent investigations of events at = =n. facilities, or involving materials, licensed or otherwise regulated by the Nuclear F Regulatory Commission and by recommending to the Nuclear Regulatory Commis- F "=- sion improvements in licensing and related regulatory practices. ::.- :iisii: NtICI.ZAR SAFETY aOAaD j, Sec. 202. (a) ErrAst.tsHurNr.-There is established the Nuclear Safety Board E - (hereinafter in this title referred to as the " Board"), which shall be an independent i establishment in the executive branch of the United States. The Board shall have a :.. seal which shall be judicially recognized. r (b> ArPotNTutNT.-(1) The Board shall be composed of 3 members appointed by p the President, by and with the advice and consent of the Senate, from amon per- '~' sons who are not officers or employees of the Federal Government. No more tkan 2 members of the Board shall be of the same political party. The President shall f- - - submit to the Senate not later than 90 days after the date of the enactment of this Act his recommendations for appointment to the Board. (21 Any vacancy in the membership of the Board shall be filled in the same manner in which the original appointment was made. (c) CHAIRMG AND VICE CHAIRMAN.-(l) The Chairman and Vice Chairman of the : Board shall be designated by the President. The terms of omce of the Chairman and :- Vice Chairman shall be 2 years and shall run concurrently. The Chairman and Vice Chairman rnav be reappointed to such omces. - fh (2) The Chairman shall be the chief executive omeer of the Board and shall. sub- - ject to such policies as the Board may establish, exercise the functions of the Board (V with respect to-
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(A) the appointment and supervision of perso?mel employed by E (B) the organization of any adroinistrative units established yb"thetheBoard; Board;and tC) the use and expenditure of funds. n The Chairman may delegate any of his functions under this subparagraph to any ;^ other member or to any appropriate agent of the Board. (3 The Vice Chairman shall act as Chairman in the event of the absence or inca. . pacity of the Chairman or in case of a vacaney in the omee of Chairman. td) Traus.--41) Except as provided under pararraph (2), the members of the Board , shall serve for terms of 6 years. Members of the hard may be reappointed. E (21 Of the members first appointed- E (A) one shall be appointed for a term of 2 years; e (B) one shall be appointed for a term of 4 years; and .c (Cl one shall be appointed for a term of 6 years; n r= as designated by the President at the time of appointment. ; .~..-. (3) Any member appointed to fill a vacancy occurring before the expiration of the I = E" 7 3E 30 term of omce for which his predecessor was appointed shall be appointed only for ' the rimainder of such term. A member may serve after the expiration of his term - until his successor has taken omce. . (4) Any member of the Board may be removed by the President for inemeieney, neglect of duty, or malfeasance in ofhce. - l te) Quoavu.-Two members of the Board shall constitute a quorum, but a lesser E ......"" number may hold hearings.
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(f) Basic pay,-(1) Members of the Board other than the Chairman shall each be ::- paid at a rate equal to the rate of basic pay payable for level IV of the Executive Schedule. The Chairman shall be paid at a rate equal to the rate of basic pay pay- "" able for level III of the Executive Schedule. d, (2) While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, d eq including per diem in lieu of subsistence,in the same manner as persons emploved intermittently in the Government service are allowed expenses under section 5703 - ,q of title 5, Umted States Code. x: STArr AND stJPPORT SERVICES E5: Src 203. (a) STArr.--41) Subject to such rules as may be prescribed by the Board, ' the Chairman may appoint and fix the pay of such officers and employees (including = investigators and attornevsn as the Chairman considers necessary to carry out the , p powers and duties of the board. Appointments shall be made under this paragraphJ" m such manner that not more than the equivalent of 50 full-time officers and em- ._.
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plovees are employed by the Board at any time.(b The staff of the Board shall p=. be appointed subject .".to the pro United States Code, governtng appointments in the competitive service and shall be ' " d in accordance with the provisions of chapter 51 and subchapter III of chapter 6 n- - m
,,3 of such title, relating to classification and General Schedule pay rates. E mm E '?; ,
(b) EXPERTS AND CONsM.TANM.-Subject to such rules as may be prescribed by the ; <
$3 Board, the Chairman may procure temporary and intermittent services under sec- L:.i
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tion 310%) of title 5, United States Code, but at rates for individuals not to exceed ;5;;. the daily equivalent of the maximum annual rate of basic pay payable for grade C }}:43) GS-1E of the General Schedule. The amount of consultant services which may be rr ; obtained by the Board under this subsection shall not exceed, during any fiscal year E period, the amount of services which would bo obtained if the Board procured on a 5. full-time basis the services of 12 consultants. E 43-fe) STAFP AND St'PPORT SERVICES or FEDenAL Acueru.-(1) Upon request of the Board. the Nuclear Regulatory Commission and the head (or governing authority) of r _= xd E:; any other Federal agency or instrumentality mov-(A) detail to the Board, on I; a reimbursable' E; basis such personne sirable to assist the Board in carrying out its duties; and rc-i ' fB1 make available to the Board, on a reimbursable basis, such facilities, -- _- - ;r"tr"u"- equipment. or other administrative support services as may be, desirable to - assist the Board in carrying out its duties. ' " ? "' (2) The General Services Administration shall provide to the Board on a reimburs- _u . . . _
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l . . . able basis such administrative support services as the Board may request. :r (d) St PromT Semczs or STATE oR [4 CAL AcrNetts.-The Board may confer with E ..._ employees of State or local government agencies and may use, on a reimbursable r"r l basis, such services, records, and facilities as such agencies may toake available to 5" I the Board. E. l (el Mans-The Board may use the United States mails in the same manner and E under the same conditions s's other departments and agencies of the United States.
- e(f) Grrn AND Vot.LTNTARY Scmers.-Notwithstanding ary other law, the Commis- f
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i (21 gifts or oonations of money or other property of any type. b ) DttrIES Or THE BOARD h,b. . Sec. 204. The Board shall have the following duties and authorities: (1) The Board shall mvestigate those events at any facility, or involving any {2..- tnaterials, licensed or otherwise regulated by the Nuclear Regulatory Commis. r ! sion, which the board determines to be significant because of possible effects on : the health or safety of the public or because such events could be the precunors E a of events affecting the health or safety of the public. The Board may requert EE the Nuclear Regulatory Commission to make investigations with regard to such 50.. events and to reports its fmdings to the Board. Whenever the Nuclear Reguia-tory Commission makes such an investigation, the Board shall analyze the find- E - ings of the Commission for purpose of makmgs its own conclusions and recom-mendations. The purpose of any investigation under this paragraph shall be- EE._z n;_;r' . ~'. t.-
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"E. . . . . . 5" (A) to ascertain information concerning the circumstances of the event in-volved, and its implications for the public health and safety; and E (B) to determine whether such event is part of a pattern of similar events C :: :
at facilities, or involving any roaterials, beensed or otherwise regulated by E ;;;.: g.. ]N f3 E.+
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" %EElikwamiiw l the Nuclear Agulatory Commission which could significantly affect the ~!
public health or safety or which could be the precursor of events which could significantly affect the public health or safety. (2) The Board shall systematically analyze operational data from any facility, or involving any materials, beensed or otherwise regulated by the Nuclear Reg-ulatory Commission to detennine whether there exist certain patterns of events that indicate safety problems. (3) The Board may conduct special studies pertaining to the nuclear safety at any facility, or involving any materials, licensed or otherwise regulated by the Nuclear Regulatory Commission. (4) The Board may evaluate suggestians received from the scientific and in-dustrial communities, and from other knowledgeable sources, on specific meas-ures to improve safety at facilities, or involving materials, licensed or otherwise regulated by the Nuclear Regulatory Commission. (5) The Board shall recommend to the Nuclear Regulatory Commission those x- - specific measures that should be adopted to minimize the likelihood that events will occur at any facility, or mvohing materials, licensed or otherwise regulated by the Nuclear Regulatory Commission which could significantly affect the O public health or safety. (6) The Board shall establish reporting requirements binding upon-(A) persons who operate, design, supply, maintain, or are otherwise in-volved with the operation or construction of, facilities licensed or otherwise regulated by the Nuclear Regulatory Commission; tB) persons who process, store, transport, use, or possess materials li-censed or otherwise regulated by the Nuclear Regulatory Commission; and (C) persons who export nuclear equipment pursuant to any license or permit issued by the buclear Regulatory Commission. The information which the Board may require to be reported under this para- . graph may include any materials designated as classified material pursuant to the Atomic Energy Act of 1954, or any materials designated as safeguards infor-mation and protected from disclosure under section 147 of the Atomic Energy Act of 1954.
- (7) The Board shall issue periodic reports which shall be made availdble to the Congress, and to Federal, State, and local government agencies concerned with safety at facilities or invohing materials, licensed or otherwise regulated by the Nuclear Regulatory Commission. Upon request, such reports shall be made available to other interested persons. Such reports shall contain recom-mendations of specific measures to reduce the likelihood of occurrence of nucle-ar events similar to those investigated by the Board and of corrective steps to make any facilities investigated by the Board as safe as is possible.
(E) The Board shall establish a monitoring center for the purpose of receiving .- reactor data on an instantaneous or otherwise timely basis from each nuclear O powerplant licensed under the Atomic Energy Act of 1954. The monitoring certer shall be staffed by officers or emplovees of the Board who shall be re-sponsible for (A) analysing the data so received in order to determine whether any potentially dangerous situation exists at any of the facilities transmitting the cata, and (B) making appropriate recommendations to the operators of nu. clear powerplants when it is determined that such a situation does exist. SPEC!rlC POWERS OF THE BOARD SEC. 205. (a) HEAa!NGS.-(1) The Board may, for the purpose of carrying out this title, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. The Board may ad-minister oaths or affirmations to witnesses appearing before it. (2) Witnesses summoned to appear before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (b) StrarENA PowEa.-The Board may issue subpenas (under the signature of the Chairman or his delegate) requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Board. The attendance of witnesses and production of evidence may be required from any place in the United States to any designated place of hearing in the United States. The subpenas of the Commission shall be served in the manner pro-vided for subpenas issued by a United States district court under the Federal Rules of Civil Procedures for the United States district couns. (c) InsPEc" mon AtTrHoRrrY.-Any eroplo priate credentials and a written notice mspectionof , vee ofauthonty, the Board,mayupon enterpresenting any facili- appro-ty licensed or otherwise regulated by the Nuclear Regulatory Commission, and any property contammF matenals licensed or otherwise regulated by the Nuclear Regu-n.sss c - so - 3 - I e === . _ _ _ 1m
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18 1 latory Commission, in which an event has occurred which, in the determination of "4 the Board, has.significant implications for the public health or safety, and do all things appropriate for a proper investigation. The employee may inspect, at reason.
-1 able times, records. files, papers, pr=anas, controls, and facilities relevant to the .. ]
i investigation of such accident. Each inspection shall be commenced and completed =un "j with reasonable promptness and the results of such inspection made available to the public, subject to the limitation contained in section 207(aX2A =uj
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(d) AtncesY AND OrxEs ManicAx. INFOmMATtoN.-The Board shall be furnished, upon request, with or without reimbursement, a copy of the report of any autopsy performed by State or local officials on anyyerson who dies as a result of havmg es t,een involved in any nuclear accident. The board may order an autopsy (if an au- = e..- cc.q topsy has not been made) or seek such other tests of survivors involved in such acci- e
='.m dents (subject to their approval) as may be necessary to the investigation of the acci- -
dent. To the maximum extent consistent with the need of the investigation, provi-sions of local law protectmg religious beliefs with respect to autopsies shall be ob- g,",.
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te) ExroaczutwT At'TwoarTv.--<l) If any person who is issued a subpena under subsection (c), required to submit to an inspection under subsection (d), or issued %; = - .. -...l-= any other order by the Board under this title, as guilty of contumacy, refuses to obey such subpena or other order, or refuses to submit to such inspection, any court o'f [r e 3 2:-~~rt; _ . .;,x q: y= the United States within the judicial district within which the hearing or mspection E.;; -7,, involved is conducted or within the judicial district within which such person is s- ---
~
found or resides or transaets business may (upon application by the Board) order @? such person to comply with the subpena, inspection notice, or other order, as the
- 3;r;;; .;; ;;;j;q case may be. Any failure to obey such order of the court may be punished by the court as a contempt thereof. {
(2) All process of any court to which application may be made under this subsec-tion shall be served in the judicial district in which the person required to be served resides or may be found. {E: " (f)Iwwtrwrrr; UsE or REromTs As Evinzucz.-(1) For pu of sections 6002 and E. 6004 of title 18, United States Code, the Commission s be considered to be an E E= agency of the United States. E': (2) No part of any report or recommendation issued by the Board relating to any nuclear accident or any investigation conducted by the Board snall be admitted as J-% w-..~ evidence in any court, or otherwise used in any action for damages arising from any matter mentioned in such report. E:. =re i p cENERAt. ADMIN 1Fra.ATIVE POWEa8 of THE aOARD E , _ . , , n-e SEc. 206. (a) OsTA wtwo OrrictAt. DATA.--41) Subject to section 552a of title 5 E - United States Code, the Board may secure directly from any agency or instrumen- E:: ._ ;
=
tality of the United States such information as may be necessary to enable it to & carry out this title. Upon request of the Chairman of the Board, the head of such r; z ... 22 r 1 department or instrumentality shall furnish such information to the Board. The in-l formation which the Board may secure under this paragraph may iraclude any mate- E: :.^ '". :. i rial designated as classified material pursuant to the Atomic Energy Act of 1954, or E i any materials designated as safeguard information and otherwise protected from
=
E disclosure under section 147 of the Atomic Energy Act of 1954. (D The Board may conduct an inquiry to secure data with respect to any matter 6 pertinent to nuclear safety, upon publication of notice of such inquiry in the Federal 8 F '".i Register. The Board may by order of the Board require Federal, State, or local gov- '"-5 ernmental agencies, or any person engaged in interstate commerce, to submit writ- [6
=L ten responses to any requesta for information made by the Board with regard to matters within the jurisdiction of the Board. Such responses shall be submitted to F the Board in such form, and within such reasonable period of time, as the Board r E";c may rquire. Copies of such responses shall, subject to the limitations contained in section 207(aX2), be made available for inspection by the public. ' ii. E
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(b) DElacATiox.-Any member or agent of the Board (including officers, em- pr ploveen. and administrative law judges assigned to the Board) may, if so authorized by the Board, take any action which the Board may take under this title. E - E.- - . . - . . . - (c) CowTaAcrtwc AttrHOtfrY.-Without regard to section 3709 of the Revised Stat. L #"' #" E
-. . . . - . ."~ " # C3"E
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utes, the Board may enter into such contracts, leases, cooperative agreements, or E' "" other transactions as may be neonesary in the conduct of the functions of the Board, ' cc r= l Em meluding contracts with public or private nonprofit entities for the conduct of stud- 7" les related to its functions, (d) LtAssow.-The Board may designate representatives to serve or assist on such F committees as the Chairman determmes to be appropriate to maintain effective liai- Ec; son with o'.her Federal agencies, with State and local government agencies, and y
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with independent standard-setting bodies carrying out programs and activities re- "~" lated to safety at facilities regulated by the Nuclear Regulatory Comminion. - (e) AnytsoRY COMMmrzs.-In accordance with the Federal Advisory Committee Act (5 U.S.C. App. II, the Board may appoint one or rnore advisory committees com- c. posed of qualined citizens (including ofncers or employees of Federal, State, or local ~ 7": governments) as the Board considers appropriate to assist the Board in conducting ~
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its functions. = (f) Rutzs AND Recut.Arions.-The Board may establish such rules and regulations as may be necessary to the exercise of its functions. Nothing contained in this title
- -r.. J shall be construed to authorize the Board to promulgate rules or regulations other
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than those related to (1) the reporting functions of the Board as described under sections 204 and 205, or (2) personnel or other internal administrative affairs of the : Board. ~ rusuC ACCESS TO INrORMATloN ::. b1 Src. 207. (a) IN GENr.RAL-fl) Copies of any CorDmunication, doCu!nent, or other - F item of information received or transmitted by the Board (or by any member or em- 5 s ployee of the Board upon authority of the Board) shall be rnade available to the == public upon request, and at a reasonable cost, unless such information may not be [d i publicly released pursuant to paragraph (2) of this subsection.(2) The Board [J cu
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F shall not disclose information ob cerns or relates to any trade secret referred to in section 1905 of title IE, United t !!. States Code, except as permitted under subsection (b) of this section. Any informa- E1. tion obtained by the Board which is considered to be safeguards information (as de-scribed under section 147 of the Atomic Energy Act of 19541 may not be disclosed by F" the Board unless disclosure of such information would be permitted by the Nuclear E-
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Regulatory Commission pursuant such section, and no material obtained by the h: Board wluch is designated as classified material pursuant to such Act may be dis- C closed. Nothing contained in this section shall be considered to require the release of any information described by section 5524) of title 5, United States Code, or 'hr;. which is othervnse protected by Inw from disclosure to the public, . (b) ExcerrioNs.-The Board may disclose information obtained under this title C which concerns or relates to any trade secret referred to in section 1905 of title IE, United States Code, only in a manner designed to preserve confidentiality' and t. - - _, __, only 1)( upon request, to other Federal agencies or instrumentalities for ofncial h, 5._ e (2) upon request, to any ommittee of the Congress having jurisdiction over E the subject matter to whier. the information relates; E. (3)in any judicial procechng under a court order formulated to preserve the E confidentiality of such information without impairing the proceedings; and El-(4) to the public in order to protect health and safety, after notice to any in- :: O terested person to whom the information pertains and an opportunity for such h~ (") person to comment in writing, er orally in closed session, on such proposed dis-closure (if the delay resulting from such notice and opportunity for comment e. i:" would not be detrimental to health and safety). E susMission Or cERTAIN INrORMAT1oN To THE CoNoRESS h: Sec. 208. Whenever the Board transmits to the Ofnce of Management and Budget b=" or to the President any budget estimate tor other budget information), any legisla- E; tive recommendation or comment on legislation, or any testimony prepared for Con- E: gressional bearings, the Board shall concurrentiv transmit a copy thereof to the E: Congress. No ofncer or employee of the United $tates shall have any authority to E== require the Board to submit the items referred to in the preceding sentence to any cm,. ofncer or employee of the United States for approval or review before submission of E;. such items to the Congress in accordance with this section. g. . . r.: REfroNsE To BOARD RECX)MMcNDATION8 ::= %.: :" ;". n.n- . . . . . . . . .
- ~
r - - . , ,.- E.. Sec. 209. (a) ResroNsts RzeutRro Whenever the Board submits a recommenda.E Ea tion regarding nuclear safety to the Nuclear Regulatory Commission, such Comma-sion shall submit to the board a written response to each such recommendation not f;E c later than 90 days after receipt thereof. The response made by the Nuclear Regula- E. . . tory Commission shall indicate whether such Commission intends to conduct proce- r dures for adopting such recommendation in whole or in part, and the timetable pro- Fr;"" posed by the Commission for conducting such procedures. In the cc.se of any recom- E x.:
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in ndation which such Commission does not intend to adopt in its entirety, the Com. lutadoD Ehall ** plain in detail the reasons for its determination not to adopt all, or 7.1 r6tt. of the temmendation tas the case may be). hiir -
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ita Pva.* Dractosunz.-The Board shall cause notice of the issuance of each such .::~ .l; i.mmm*Matmn and of each reembt of a response thereto to be published in the 4teral belater, and shall make copies thereof available to the public at reasonable
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r.t. Such Hutice shall include th. contents of each such recommendation or re- -- sp uae, as u,, case may be.
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crV!t, PENA 1. TIES == r .: - == .q 8:e 210 t : son who violates any b.hed und.,alwetion AwotrNT.-Any 20U6)sha be liable to the United $po ' requirement estab- ==
"i ta or a civil penalty in t^
.au a. mount imt to exceed f.5.000 for each such violation. Each day such a violation r,ntmues t son.
- hall. for purposes of this section, constitute a separate violation of such . E.;.
4 ita Hr.^"8'*(2-A civil penalty for a violation of section 20#6; shall be assessed b - Er Se IM by an order made on the record after opportunity for a h in acco !!!:
.uir *sth *artion 554 of titje 5. United States Code. Before issuing suc an order. :!:
die IM thall
. h order of theFive written notice to the person to be assessed a civil penalty under - . . . . . . . . . .
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5 ':::2 Board's proposal to issue such order and shall provide such person E
.a opportuulty to request, within 15 days of the date the notice is received by su:h g-gr ui, such a hearin n the order. --
idMDDWHanoN. ed e Board rnay coInpromise, modify, or remit, with or without E
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,s ueh pe p civ 1 pentdtv which may be imposed under this section. The amount 2;'
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,n .c, ma3 b, y, when finalb determmed, or the amount agreed upon in compro.
s E.:!: . . . . W J..rved. oeducted from' any sums owing by the United States to the person g i 5::: JUDICIA1. arVIEW .. W. 211. Any ortler issued by the Board *.ander this title shall be su ect to review ~ to the appru,,ruste court of a als of the United States, or the Unite States Court F
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d APP *al5 tm the District of lumbia, upon petition filed within 60 da after the gm of such order by any person aggrieved by the order. Such review i all be con. I ~ .. ~ ~ _ . _ = .
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;Jed m *%rdance with the provunons of chapter 7 of title 5. United States Code.
ANNUAL REPORT pri w.shall 212. The Board shall report to the Congress on July 1 of each year. Such turlude- I E (1) a .tatur acal and analvtical summary of the investigations conducted and
' :=
tevieuwt by the Board during the preceding calendar year; $ 0 * ""nvy and summary, in such detail as the Board deems advisable, of the E.
'veomn,=udations made bv the Board to reduce the likelihood of occurrence of i E u rants u hich could signifienntly affect the health or safety of the public, togeth. :" - ~..:
cr m1th ""? response to such recommendations made by the N.aclear Regulatory t bmmwinn 5 :: i3) a z. ibmm*, tsalaikd appraisal of the steps undertaken by the Nuclear Regulatory 57 the pubhe health and safety;'"n to nvestigste and prevent nuclear accidents potentially F harmful to I b' nuck'"' Ndety as the Board considers desirable: andW suEh rummendations for legislativ
'fh Other matters as the Board considers appropriate to include in the
[{~ g::;- svNscr raovisioNs
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- Ne Board shall cease to exist 6 years after the date of the enactment of b b cc nn ".3E 9E fF .727 7. 1 AttrHoatt.ATIoN OF AFPaOPalATIONs
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- c. wh ho th* fucal years ending SeptemberTh..v are authorized to be appropriated 3i to carryi ot p wms sh*ll emain available until expended.30, 1951, and September 30, 1982. GE Amend th" tMe so as to read:
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2: gr ="'h . . === === _=.. x:' =u . . . . . . . b:. *:::=h:, 21 en . . ."' A bill to pmvide for repositories for the disposal of high level nuclear waste and "'
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spent fuel. to amend provisiora of the Atomic Energy Act of 1954 relating to low-level waste, to provide for a Nuclear Safety Board, and for other purposes. -
~ .~".7. . . .nn. -. .. ' . . . . . . . , . .
Ptmpost or 'raz BIu. F-l.. - :l The purpose of H.R. 6390 as reported by the Committee is two- E.=- m::=:::. .
- == =.=m fold:
(1) To establish programs for the development and re lation p.. -
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of repositories for the safe permanent disposal of h level
=... ?.35M and low-level nuclear waste and spent fuel, and -
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(2) To create a new independent agency to investigate events related to nuclear safety at facilities or Invohing materials or ...... i activities licensed by the Nuclear Regulatory Commission. ...
~'
G BACKGROtMD .:==::.45:. i O H.R. 6390 was an outgrowth of an extensive Committee inquiry l
- 30:1 2 into m 'or nuclear issues. The * 'rv v ' ooted in an accident on LII) nuclear generating ::5.:+ s:- - _.. . '
March 8,1979 at the Three Mil 12: accident shook public .z4= ...: ., station near hiiddletown, Pennsylvania + . _ . _ . _ . .
~. _ .
confidence in the safet of nuclear tech.. mcy and elicited substan- =1 L. . 7 .~.T.'.~ tial concern within th Committee regarding the adequaev of the
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E. "~k : . T'" Commission's regulatory and enforcement procedures. The Commit E .. _.. tee, which has primary jurisdiction over nuclear regulation, under- EE . took a series of hearings to review the status of nuclear technolo , ~ problems in nuclear regulation and the post TMI viability of t e '
- )
nuclear industry. The hearings have been published as Se' rial No. ..%u%,% ., 96-5: Oversight Hearings on Major Nuclear Issues, and include the l following volumes: _F l Part I-Task Force Investigation of Accident at Three Mile Nuclear Powerplant, g Part II-Accident at the Three Mile Island Nuclear Power-plant (hearings). Part III-Oversight on the Nuclear Regulatory Process. Part IV-Oversight on Security in the Domestic Nuclear In-C) V dustry. Part V-Oversight on Public Participation and Equity in Nu-clear Waste Facihty Siting. Part VI-Oversight on Liability for Nuclear Accidents. Part VII-Oversight on Nuclear Economics. Part VIII-Oversight on National and Regional Power Needs Through the Year 2000. Part IX-Oversight on NRC Agreement States Program. Part X-Oversight on Nuclear Nonproliferation. Part XI-Oversight on Industry's Response to the Accident . w. at Three Mile Island. E: These oversight hearings, together with hearings on nuclear g waste management issues on January 25 and 26,1979, provided the =- _
~_ -
foundation for development of H.R. 6390. 2-H.R. 6390 was introduced January 31, 1980 and was referred to @ - 1 E- . - . = -. . - . this Committee and to the Committee on Interstate and Foreign Eh- - -._.- i Commerce. This year the Subcommittee on Energy and the Envi-ronment conducted hearings on the legislation on March 13,14, L __- . and 18, and on May 12. The Subcommittee held markups of the bill h L.. 2 on Jt ne 3,12, and 26, and on July 29 and 31. On Wednesday, Sep- g _
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;d; i tember 10 the Committee by unanimous consent. discharged the bill ::: :=
from Subcommittee. """ "E'" CoxurrrEE RECOMMENDNTION
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. == i On September 16, 1980, the Committee, by voice vote, recom-= . . . . _
em- =4 mended that H.R. 6390, as amended be enacted. ===* 5 CowwrrrEE AcrioN 5F
- - "" =
k The CommiM - deleted all but Title II and Title IV of the bill Eas introduced. TL,e titles reported in H.R. 6390 provide for manage- . . . . . . .
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ment of high level and low-level nuclear wastes and for ' c.;.. creation . _,; of a new idependent agency to investigate events related toLF:-.nuclear u.I : safety. This action was taken without prejudice against those . ... .. provi-E" == in sions in H.R. 6390 which were not reported. Titles were deleted 5:mE the interest of reporting those titles whichE could be consider h :.... "
=-
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full House during the 96th Congress. y= Titles which were not reported include provisions to resolve f . . . _ . ."""~
=S issues relating to the siting of nuclear power plants; revisions E of ==
the Price-Anderson Nuclear Insurance Act; a requirement that gi! the
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Nuclear Regulatory Commission propose for Congressional E. consid-eration new baseline standards for nuclear regulation; a proposal E;;. 9.s~ ~ " ~
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to delay issuance of new construction permits for nuclear powerI. Ei ....... plants until the Commission has mede a determination r """ __ that t station have been incorporated in its operations; amendments to t <- . m._ % . the Agreement States Program; Federal funding for public partici- ._ M pation in Commission rulemaking proceedings, and standards E for E emergency planning for nuclear plants.Certain of these ?= provisions have been
!=
by the 96th Congress.Similar to sec.111 of H.R. 6390 as introduced, f: Sec.108 of Public Law 96-295 directs the Commission to develop and promulgate reg- E ulations establishing demographic requirements for the sitingi;of utilization facilities. In fact, Sec.108 of Public Law 96-295 was sub- t "W M" ~ ' stantially drived from Sec.111 of H.R. 6390. :1 Public Law 96-295 prohibits the Commission from issuing a con- El struction permit for a nuclear plant after the new siting regula-EU E ! tions are promulgated unless the facility complies E: with the require j p:' pliance with remote siting reguirements, once Ef. they have been construction permits. Vi The 'Act requires the new siting regulations to specify demo- [J graphic criteria including maximum allowable population density E E
"=
and population distribution for zones surrounding % . . . . _=": ~: the facility -: - =! ::-? ations about plant design, engineering, or other differences among E -^ ^
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l facilities. Section 102 of H.R. 6390 as introduced, addressed two primary .-
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l' issues related to emergency planning around"":-:nuclear power =# pla the purpose of clarifying the relative role which the NRC and the
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the nuclear licensing pocess. Second, section 102 required the pro-mulation of regulations that would link the issuance of operating er
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licenses for new power reactors with the existence of Federally ap. proved state and local radiological emergency plans. This second Issue has been substantially addressed in section 109 of Public Law . . . . . .
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96-295 (NRC authorizing legislation for fiscal year 1980). Like sec- " tion 102 of H.R. 6390, section 109 of Public Law 96-295 directs the NRC to establish, by rule, standards for state plans to respond to '. - - - radiological emergencies and to review and assess the adequacy of . . . .
~
each state's plan. The standards will replace the guidehnes for State and local emergency response plans in NUREG-75/111 (Dec. 1,1974) and Supplement 1 (Mar.15,1977), and the interim criteria in NUREG-065-41/ FEMA-REP-1. : , Similar to the intended effect of section 102 of H.R. 6390 as intro-duced, section 109 of Public Law 96-295 provides that the NRC is k. to issue an operating license for a new utilization facility only if [.:.: 2.y (S) the State or local plan, as it applies to such facility, complies with r::
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the NRC's current guidelines for such plans or the new rules when if . . . . . . h7 promulgated, except that if a State or local plan does not exist that complies with the guidelines or rules, Pubhc Law 96-295 provides [ ~ ~ " " ' that NRC still may issue an operating license if it determines that Er E a State, local or utility ple-.i provides reasonable assurance that
- public health and safety is not endangered by operation of the fa- N cility. p E
Section 109 of Public Law 96-295 reflects careful consideration of . . . . . . .~~' the role FEMA should play in the promulgation of new rules for, b '- ~~~ and the assessment of the adequacy of, State and local emergency plans. The Congress also recognizes the present agreements be- E tween NRC and FEMA regarding responsibility for developing re- M quirements for State and local emergency plan and for assessing E ._.... compliance with those requirements. E Section 109 of Public Law 96-295 recognizes FEMA's potential { capability to coordinate off-site response to a radiological emergen- ... f.'. cy. Unlille section 102 of H.R. 6390 as introduced, Public Law 96- === 295 does not delineate a more specific statutory role for FEMA. l"
\ Underlying both section 109 of Public Law 96-295 and section l" 102 of H.R. 6390 is the congressional intent that ultimately every F nuclear power plant will have applicable to it a State emergency E3 ii response plan that provides reasonable assurance that the public health and safety will not be endangered in the event of an emer-gency at such plant requiring protective action. -
The Committee intends to continue work on other of the provi- . . _ . _~" sions of H.R. 6390 which were not reported. In particular, revisions of the Price-Anderson Nuclear Liabihty Act have been redrafted by Mr. Bingham and Mr. Udall, and introduced by them as H.R. 8179 ......"" for consideration this year. _ rr- p-" ;g;.q 1";- DEVE14PMENT OF PERMMENT REPOStrORIES The decided emphasis of the Committee was on formulating a certain, Congressionally mandated pathway to development of per-manent repositories for the disposal of high level wastes. An :::::
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amendment to authorize construction of long term storage vaults, =.. or Retrievable Surface Storage Facilities (RSSF's), was defeated due
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ous may als in the waste. The Committee has repeatedly noted _,;
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..g l delays ic Ge repository development program. :.. .
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Statutory estab_j
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facility licensing is expected to provide certainty that permanent . crq repositories will come on line w2 thin a reasonable period of ;;; time. :, :
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The Committee's approach to the repository development frame- a= , cfg work is built primarily on the program recommended by the Presi-E =5 dent's Interagency Review Group on Nuclear Waste Management E :555. ::= ~ (IRG). The IRG n2oved the country substantially 5:1 s forward . = . . . in
. . ide y .
j have plagued the national waste management pg. program. Provision
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5:r"~na .; x._ repository development rely heavily on the work of that group, en ~~"
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' A second major basis for formulation of the repository program E" = = was Congressional action on other major energy projects, such as [): the Alaska Natural Gas Transportation Act. A strong Congression- I:.
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deadlines for necessary, agency actions, expedited Federal permit-
=
{J I ting, and expedited judinal review. The objective is to assure that ;". . l all relevant issues are thoroughly considered, but that potential g" === delays are minimized, . h REPostrORY DEVEIDPMENT SCHEDULE
?- ~~ C.5 5 Deadlines for agency actions and requirements for' review of i. "
agenev decisions related to repository developrnent are provided Ei
~
amendment is as follows: :s By 1985-DOE selects four sites potentially suitable fer develop... ment as licensed high-level waste repositories and reports to Con- = . gress regarding selection. This selection is declared not to be a E- - n= - major Federal action under NEPA. DOE continues search for new E-sites for future repositories. Sites are deemed approved for expedit- Ei {c." " ~ ?. ~ l ed , permitting unless Congress passes a resolution of disapproval E. of 1
~ ""2 l a site. h 1982-87-For each site selected above, DOE submits to NRC re- h quired site characterization plans and waste form proposals. AllE..
shaft sinking and testing w'ill be conducted in consultation with E:.~ NRC within the Commission s licensing procedural requirements. E March 30,19882-DOE submits to the President a report nomi- E.4 nating a site for license application along with a final EIS on the " site and an explanation of how the site was chosen. [? April 30,1988-The President approves or disapproves the nomi- - nation by DOE, or may delay the decision 60 days. If the President E disapproves, DOE must submit new recommendation within one . .:.;
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" LE7 EE. . . . . . . 5:
year. The President reports to Congress regarding decision.May 30,19 a right to object to approval of repository site. If so, if either House . . . .
=;
of Congress affirms the objection by resolution within 90 days, the I site selection is not approved and another must be nominated. approval rystem remains available for all repository site nominations through December r y
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"1 August 1988-If site is not disapproved, DOE submits license ap- :-
l plication to NRC.* For approved sites, all subsequent Federal per-l mits or judicial challenges are subject to expedited treatment. August 1990---NRC reports to Congress on status of construction l i permit. ="" I August 1992-NRC must make final decision on construction permit. ,
=
Late 1996-Repository in operation, subject to construction con-
- tingencies.
== E=
h0W LEVEL WASTE MANAGEMENT A national crisis has developed over the past several years in l : availability of disposal capacity for low level nuclear wastes. The Committee has investigated the regulatory and political problems - leading to the shut-down of some operating burial grounds, and the . E" lack of applications for licenses to operate facilities at new sites.
-O$ The burden of disposing of low-level nuclear wastes has been left E """
with three remaining states in which sites are still operating: !:!. Washington, Nevada and South Carolina. The governors of those E:. states have indicated they will not continue accepting wastes from i.;, other states if national progress is not made in creatmg new sites, and in more evenly distributing the burden of low level waste dis- '$: posal. El E.
=d H.R. 6390 provides improvements in low level waste burial regu-lation, and incentives for states to develop new sites. Authority is provided for states to form compacts to organize regional disposal F i::E" .. . _ _
" ' - ~
facilities. States which enter into agreements to share disposal " * " ~ ' facilities may apply to the Secretary of Energy for funds and tech- ! nical assistance for facility development.
- = :::""~"~ "
Regulatory changes would make low-level waste burial standards i === consistent with those now in effect for uranium mill tailings. Regu- E latory emphasis is on the development and operation of sites in a E iisi manner which would help preclude need for long-term, post-oper- E:: - " ~ ~ ation maintenance of the site area. Bonds are required to be pro- h . . . . . . .
"~
r3 vided to assure that sites can be decommissioned before license ter- p" mination. After a burial ground closure, the site would be required JU to be turned over to either State (at the option of the State) or Fed-
===
eral ownership to assure long term protection. The combination of the regulatory and site development pro-grams are intended to encourage development of new burial = grounds on a regional basis. Primary responsibility for low level l waste burial is determined to lie with the States. States were deter-mined to be better capable of the planning and monitoring fune-tions relevant to low level waste. AUTHORIZATIONS AND JUDICIAL Rzvizw The Committee amended H.R. 7418 to provide for expedited Fed- P eral agency decisions and expedited judicial review of such deci- ~" i:e.. A! , s. ~
..a 9=
sions regarding candidate repository sites. Neither agency nor judi-cial decisions are limited in scope under the amendment, but per-mits and court challenges are required to be treated as very high 8 Expedated permitting pro.aions for approved sites remain appliemble until at least one li. censed repository is operating.
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priorities. The Committee notes that repository Expedit- site p), g development g and licensing are expected to be technically cumbersome.
~=
ing provisions as included in the amendment dl , will be necessary to __*'4 :- ll prevent constant slippage in repository Federal development sche*ld ~ exempted from the expediting language applicable to z.=other
. . . . . . . . . .~ ~ . -
4gencies. A specific deadline is set, however, license by which the Commis- .=.
- .4 sion must have made a final decision regarding a repository .m..
~
application, four years after such application is apphed for. _ STATE PARTICIPATION cif 5" .q H.R. 6390 provides a vehicle for$ state partici h ationli: " in site selec- L tion activities conducted by the Secretary be e E in t e++state.:3 W b study, or recommends a site which is qualified for application i to ..J:
;;l licensed, the state in which that site 7is located is :auth d d C:
h ."4
,.< EE exchange between the state-including individual C E'
resiN~.! . ents Commission. == The Board is required to be composed according blic, af-EEto the law of the particular state, but must include representatives of the pH pu fected local governments, and affected sp Indian tribes. Th Ez according to section 105. The Board then has the authority to represent l state En interests in b : . . . . . .
==
matters pertaining to the recommended d to 1 C site,m includin
- w. w i_ i. ,_ '
aimed at mitigating adverse effects. The Secretary is ,directe the proce-a enter into a written agreement with the Board to set up dure for the information exchange, includingSecre- the Board E s role in re- - viewing and commenting on the Secretarv's, plans, and E tarv's response to the Board's comments. This agreemen t is intend-king E the E E ..._. ed by the Committee to facilitate the establishment = P of a w ' change of information, ideas, and comments. The Committee views the role of the state E in decisions n7 and ties undertaken by the Secretary under this bill as vital fh it F. to protect
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+
J the State's legitimate interests and ensure the success o1.c int e s e activities. The Board is directed tohbyhold E open hearings public, and inform the public of activities and plansEE Eundertaken the Secretary or proposed to be undertaken. The Board,E being com-posed of representatives of area residents and laffected local govern-ments, will be best able to access health, safety, environmenta , economic, and social impacts of the site, commumcate M["Y i them to the and assist in the planning and designing of the reposi-Secretary, tory in or der to minimize the adverse impacts. The dCommittee does not intend for the Board to assume the Secretary'sd to duties un er this bill; rather the Board's input into the activities tiis designe
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12"" i:E & ensure the success of the repository selection and con " ment of tfne state.
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EF 27 i To further this end, subsection (e) clarifies the Committee's in-
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tention that the Board will play a role in licensing proceedings re. lated to repositories in the state. Subsection (f) directs the Commis-sion, the Secretary, and other involved agencies to provide the Board with timely and complete information, and to consult and cooperate with the Board in an effort to resolve the State's con-cerns. =.u The State may appeal a recommendation by the Secretary that n
=
r,epository be built within its borders through the procedures our 1med in section 105(b) and section 107(c). Upon a majority vote of the members of the Board, a petition would be sent to Congress ex- . plaining the reasons that the Board opposes the location of a re- -- pository at the site recommended by the Secretary. The Board has - a thirty days from the date that the President approves the site ree- i
=l=
ommendation in which to file its petition. . ,: The Committee considered several options pertaining to the type .. and extent of Congressional action on the State petition. As report- %i! .. _ ..
~ - ~
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O ed, the bill provides that the State petition will be granted if either 1 : ~~~ d House of Congress adopts a resolution affirming the state's peti-tion, in effect disapprovmg the recommended site. Using this proce- i [=!
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dure either the Senate or the House of Representatives can adopt a i! .=;. resolution agreeing with the state that the repository should not be ;[ll constructed at the site recommended by the Secretary, thus equal- p . ET izing the positions of densely populated and sparsely populated . . . . . . .
==
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states. = Section 107(c) provides for expedited procedures so that Congress == can consider the State's petition without delay. Included in the ex- . E. ........ pediting procedures is a prohibition against amendments, speedy ""
~ ~ ~ ~
consideration by the appropriate committee, the time limits for I
. ~ ' " ^
debate on the petition. The Committee deliberately provided that the State appeal mech- E anism begin at an early enough time in the Secretary s planning El and site selection activities so that alternative sites will still be b =..
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available and before significant resources are expended. The Com- 6 mittee's intention is to allow Congress to consider a State's petition E.? is to allow Congress to consider a State's petition on the merits, before the Secretary and NRC have invested substantial amounts {E n v of time and energy into licensing proceedings and other activities t= ~ connected with tne site. It is not, however, the Committee's inten- - tion that Congressional consideration be a substitute for the NRC's health and safety considerations under section 202 of the Energy Reorganization Act. The action by Congress will focus on an evalu-ation of the State's reasons for its opposition to the site, and will not in any way preem,pt the NRC's authority. Section 105(d) provides that the State Review Boards be 90 per-cent funded with Federal monies, but only to the extent such ex-penses are not otherwise incurred by any State or local govern-ment. Thus,if an employee of the State was appointed to serve on the Board, his salary would not be paid by the Federal Govern- g m e nt. P E ?#f ?? The funding will cease at the end of the first year after the effec-tive date of the operating license for the repository, except that - funds will remain available for obligations incurred by the Board .._
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before the end of the one year period. Funds will not cease if there ? .. ...
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""" ~"" 4 is another site in the State which has been recommended as a re- , .
pository site.Section 105(c) provides a procedure for a State Review Board to ~ - .~ . . ~ 2=! =w petition Congress or an appropriate Federal agency for financial ortechn
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likely result from the location of a repository in the State. If sub. : mitted to an agency, it will be forwarded to Congress for considera- E;: dtreets the Secretary to conduct a "" d tion studyand action. Subsection to determine the feasibil(g)ity of imposing fees on the users of 1.. the repositories to be used to mitigate adverse impacts on the 3;
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PARUCIPAMON OP 1NDIAN TRIBES ?=i .==- .
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Ell. Section 100 provides for the participation of Indian tribes in deci- . E ...==== ..; sionmaking regarding site selection and development activities. f
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an affected Indian tribe are parallel to those of a State Review E:5
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Board. The provisions in section 106 afford participation of the af. Ep
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fected Indian tribe when a site recommended by the Secretary of Energy under section 103 is located in Indian country. $ e=- ri.
- -!E The participation of an affected Indian tribe in activities pro- Ei. :
to be located on Indian land is consistent with existing law lb ;;;'.:. . tid e established law recognizes Indian tribes as semi. sovereign etni- RE ties, based upon the historical concept of conquest and the realities 5:;. of cultural diversity existing during this country's formative years. - Drawing from Article 1, section 8, clause 3 of the U.S. Constitution 5 -- - . -re - ~+ granting to the Congress the power to regulate commeres with the k. Indians, the United States Supreme Court held that land reserved to a particular Indian tribe by the federal government gives the E tribe and its members a possessory interest in those lands, which r == f:' cannot be alienated without the consent of the Federal govern- f ment. Johnson v. McIntosh, 21 U.S.C. 543 (1823). This restriction on E.: alienation exists to the present and applies to land reserved to In- - dians through treaties, executive orders, and Congressional Acts. 25 F - E:i U.S.C. 462. Thus the Federal Government acts as a trustee of F ::a these 1 ds, the particular Indian or tribe owning a beneficial in. E: =$=2 A x-...
.1 terest therein. 25 U.S.C. 6 463f. Es A corollary to the trust relationship between Indians and the fed- W eral government is a denial of the power to regulate the Indians to
_b, the States. The Supreme Court stated: The treaties and laws of the United States contemplate the E 27 Indian territory as completely separated from that of the : states; and provide that all intercourse with them shall be carried on exclusively by the government of the union. [ E Worcester v. Georp'a, 31 U.S. 515 (1832). As a result, a state is se- l verely limited in its power to tax, to impose criminal penalties, and E =. .: u=:.r "~ . . . . . z=cz, . . . . . to otnerwise regulate the activities of Indians in Indian country. ?
' ~
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= =
See DeCoteau v. District County Court, 420 U.S. 425 (1975), Wil- ar =: liams v. Lee, 358 U.S. 217 (1959). f '
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E The Indian Reorgamation Act of 1934, 25 U.S.C. s 461 et seq., ! recognized the right of Indians to govern themselves andverning set up I. rocedures for each of the various tribes to form its own he tribe y, adopt a constitution, and to incorporate itself. I(
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29 became recognized by the Federal Government for the purpose of governing itself when its constitution was approved by the Secre- . . . . . . . . . _ . . m tary of the Interior. l Une effect of such recognition is the necessity of gaining tribal ' consent before the Secretary of tl,e Interior can alienate or other- . . . . .
'~2 _ . . .' = = == ":'
wise encumber Indian land. 25 U.S.C. f 476. Subsequent legislation extended these tribal rights to other Indian communities, and ex- i '
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tended the federal trust relationship to lands previously allotted to sm:== ~
=
individual Indians. Sections 105 and 106 reflect current law by recognizing the right . of each Indian tribe to regulate activities within the exterior =
='
boundaries of its reservation, and the absence of that right to the =sa
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0: State in which an Indian reservation is located. The term Indian =" reservation is defined in the bill (section 102(13)) to include depend-ent Indian communities, reservations, and allotments, as defined in 18 U.S.C. { 1151. The term Indian tribe includes all groups of Indi- l == == === ans recognized by the Secretary of the Interior under the Indian Reorganization Act and other laws. [L.. p
=
p V Arrucxr10N OF NEPA it: EE E Section 103(aX4) states that the initial selection of a site for a po- E .3 tential repository is not a major Federal action under the National EE =."":. Environmental Policy Act, 42 U.S.C. f 4321 et seq. Section 103(b) E: ~ exempts the drafting of preliminary guidelines for site selection from the requirement of an EIS. It is not the intention of the Com. mittee to exempt from NEPA requirements any of the other ac- f" tions taken by the Secretary or the NRC under the bill; the exemp-
=
ff tion applies only to the two preliminary actions noted above. The _. ~~. . _ == site characterization activities, promulgation of standards and re- I ~. ' ~~" quirements, and all other actions taken pursuant to this bill are in- , tended by the Committee to be subject to the application of NEPA, j. . E.i according to existing law. . :R == Th k :.'. INTEntu Sprxr FUEi. STORAGE $, _. d The Committee deleted Subtitle C of Title II of the bill as intro- E 9 duced which provided for Federal provision of away-from reactor E'
.]
A (AFR) centrahzed storage facilities for emergencies related to for- 7/j V eign or domestic spent nuclear fuel. Foreign fuel from U.S. sources - q may be required to be returned here to prevent diversion of the . .% material for use in manufacture of nuclear weapons. Return of E" =$ U.S. fuel from foreign countries is required if diversion is threat- - zi ened by the Nuclear Non Proliferation Act. And there has been a . = =.ri threatened deficit of storage capacity at reactor sites for domestic -
- W spent fuel. The subtitle would have established a limited Federal program to provide an increment of storage capacity suitable to take care of non-proliferation needs, and in addition whatever . . . . . . .
amount of cepacity could be demonstrated to be necessary to pro- '
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vide interim storage for domestic utilities which could show that no .. :::~
. . . .J alternative facilities could be available for the spent fuel. Under --
the proposal, no spent fuel could be received for Federal storage "E=? W "3= :=g sih =1 services if withdrawn from a reactor core after 1990. The duration l of the program-from enactment to 1990-- was anticipated to pro-vide utilities with a clear planning base by meeting any emergency Ei Fr =q l 5 .
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hi h short term requirements, while indicating a date Mif""" mu t be b5 -
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The use of on site, utilit financed interim ston# available. q antity
, ' generally -*[ressed ~ - - 5M "~"
"E the system preferred by tbe Committee, " Con &nt %, dual uti1I- ~
during consideration of the subtitle that estimat*I"'ilvi 1978' ~==" 7 - en ~- - of off-site capacity needed have nott back been up reliabk. ties have"been in
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c 9 ducing demand for centrahzed storage. Substant'acontinued
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on-site storage and meet non-proliferation eo lete needs.The Committee dec N it was determined that adequate time did,not ettgl['pnmmittee's 7!!- thorough debate on the mternn storage issues.1 nnent stor- F lation addressing l mittee has '* first priority was to report lepe AFR debate, "de his " the Spent{r .= age programs. In deferrmg noted for the third for Federal takeover of the intyr ge db 5 " " = = Fuel Offer" in 197 fear since the b PresidentE::. first t" !: system, that this is a controversial for decisions relating to construction of non reden4g hffEissue which - 5:. .: ..... p,. st""8with certain - - - _ . ity. b y.
~
E:!. Nuct.rAn SAFrrY BOARD ' Title IV establishes a Nuclear Safety Boani d*f,[;;ftie h ch N pendent board to investigate events at nuchet- 'tional data' ' might be the precursors of accidents, to analvre Co***'"I'""l"'Y *' E' ~
' ' ' ' ~ " ~ ~ * -
and to make recommendations to tia Nuclear'IW"I" and co- I g7 sion for investigated regulatory improvements.The b idea of a Nuclea operatively by Representative Edwanh "" r intr y :;;;.. Udall. On November 1,1979 Representative t'hnir g' Udall % H.R. 5775 to establish a Nuclear Safety Bonn;d U- - p subsequently reintroduced H.R. 5775 , 'C as b Title IVThe g 5' theory underhin such as the one at Three Mile Island may wellIC j"co"uId provide .. or more incidents which, if identified an'd annk",- 'gn d ]"p, receded
- s. . . . . .j the basis for preventive measures. Three Mile b!"n # -
and - - bv several incidents which indicated the existr*'"Ju sigmficance p. rrective c_ p'frocedural o these incidentsflaws re uiring corrective actions. d accident IL*d tn appreciated and measures taken, it is likely that the Three Edr bJnn would " [1 Thenotidea have of occurred. establishing a nuclear safety bonnl t Nu- . '""pU$ 8{ggest-p and ed by Professor Harold Lewis, who served asA*"'".'"*" Mu h]e ~ g: E clear Regulatory Commission's Risk Assessmentwho y is a memb mittee. In a letter of November 23,1977 -
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sor Lewis said: he- .
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For some years I have been concerned put nafe] F pT
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surance for nuclear reactors, and have l*" I'"! "b F ==:
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the fact that so much of the public attent* { E: I""cused upon
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the system preferred by tbe Committee. Concerti [the l tih-quantit =
~=
during consideration of the subtitle that 1978,estimate rt h re- "=: ~" t'of off-site capacity ==- E ties have been increasing on-site capacity - steadite 'I"C'-duc " continued to exist, however, for some Federal cal *L'Ily ! E on-site storage and meet non-proliferation c0 el "p0m ittee's needs.The lete E Committee decided it was determined that adequate time did not e 'E thorough debate on the interim storage issues. D"mnnent stoe 5 ' first priority was to report le lation addressing thimmittee hi " Spent has ! I": , age programs. In deferrmg t e AFR debate, the :: noted for the third year since the President first iE 55 5$ umde ""'
. sfor Feder "*
Fuel Offer" in 197 4 i g basis Ek""E" f system, that this is a controversial m gorage issue capac- which 57:. .:- sh""with t.: certainty - for decisions relatmg to construction of non Fede 1=.. ity. 7 j f Noctr.AR SArrrY BOARD 8 Title IV establishes a Nuclear Safety Board %ggytie hich itional data, d pendent board to mvestigate events at nucltW' E" might be the precursors of accidents, to analvre Co**I*'
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and to make recommendations to the Nuclear' He8"I"
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d sion for regulatog improvements. E The idea of a Nuclear Safety ratively investigated b Representative Edo-ant" ""d Board Chwas indri,endent byint b ed ofdall. I On November 1, f*979 Representative F,l"?' rman Udall I H.R. 5775 to establish a NucleardbSafetyFFBonN .i tsubseque It 0390
- The theory underlying a Nuclear Safety Bomd i" 5' l
such as the one at Three Mile Island pma'y welllC {"'"deC ",Id prc 'I _, l or more incidents which, by several incidents which indicated the existygy, sibiye[ce the basis for preventive measures. Three Mile I if identified and annbg A [ i p ~
- procedural flaws requirmg corrective actions. lof gz these meldents be
!=
4 measures taken, it is likely that the Three 3 E would not have occurred. g# ed by Professor Harold MeLewis,C who p d ' E
= served#* as A*"'d clear Regulatory Commission's Risk Assessmentwho P b m is a member of th mittee. In a letter of Nover.iber 23,1977 to Chaman -
sor Lewis said: For some years I have been concerned A"#" ""% 7} h9 "-=: E s= =^=: . _ .*. . surance for nuclear reactors, and have W{."'g}gh ,,,;,y the fact that,so much of the public attent ;;
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cused upon risk assessment, to the detrime" w.' e e e, e
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1 i 31 1 There are many analogies between the problem of reac-tor safety and that of aviation safety. Each deals with a highly complex mechanism, with potential for mechanical, electrical, and human failure, and with the safety of each predicated upon a " defense in depth". In the aviation case, . . . . . .
="
the analysis of real accidents normally reveals a chain of events coupled with operator error, ultimately leading to an accident, although the record sometimes includes s.,,, ..... n=
- == EE unique events * * *. The analogy I see is that these two technologies each involve extremely complex systems, the analysis of whose behavior, especially under upset condi-tions, strains our capability to or perhaps past the limit. [:i P
How then do we assure, and continue to improve, avi-ation safety? We recognize that desi,gns are not perfect, g that inspection is not perfect, that pilots are not perfect, 1 p and that accidents themselves can form a statistical base i E for safety assurance. In particular (and this is a feature l [ shared with reactors), we exploit the fact that any serious i i = accident must have some less serious precursors, and that > r the precursors themselves provide statistical keys to the :: a ( ) weaknesses in the system. The problem is to learn enough from small accidents to .c::: make the corrections necessary for the prevention of large T:
!6 '!.E ones. Historically, this has been a successful approach, and public acceptance of aviation attests to that fact * * *. E In response to Professor Lewis' suggestion Chairman Udall re- b quested the NRC and its Advisory Committee on Reactor Safe. 55 guards to assess the merits of the Lewis proposal. As part of this .k:
assessment, the ACRS undertook an inquiry into nuclear power- j plant incident reports (called Licensee Event Reports (LERs)) re-
, which was report- rw ~ ~ - .
ceived during the period 1976-1978. This inquiry'ts were a source of ed upon in NUREG 0572, concluded that LEI valuable data and information, and that a systematic procedure g:5. should be developed in order to make better use of this informa- V. tion. This study and the Three Mile Island accident, which together i;; showed the need for analysis and evaluation of reactor operating i data, were major factors underlying the Commission's decision to 6 establish an Office of Analysis and Evaluation of Operational Data E r (OEAOD). f') In the course of its deliberations, the Interior Committee Sub- Ei~ V committee on Energy and the Environment considered whether the Nuclear Safety Board should be an independent agency such as the : National Transportation Safety Board, an independent agency ~ which investigates aviation and'other sunsportation accidents and incidents, conducts special studies, and makes recommendations to the Secretary of Transportation regarding transportation safety. : The Department of Transportation is required to respond w thin 60 days to every NTSB recommendation by either adopting it, initiat- ,
' ~
ing procedures to adopt it, or refusing to adopt it in whole or in part. The NTSB's recommendations are adopted in the great major-ity of instances, and the agency has an excellent reputation for en-hancing aviation and other kinds of transportation safety. The Subcommittee also considered, as an alternative to an inde- T ~"E 0: ~.;r
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pendent agency, the possibility of giving the OAEOD a statutory existence and mcorporating the board into it. But the Subcommit- .
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33 *@dC X N ii n _u IrTFLATIONARY IMPACr STATEMENT j M6"Es%Eam 7 -
'7 ]:?' HA.acpf In accordance with rule XI, clause 2(1X4) of the Rules of the -
y*
- House of Representatives, this legislation is assessed to have a t minimal inflationary effect on prices and costs in the operation of .;'
the national economy. l Impacts of the national nuclear waste management program *
^ri which would be enacted by this legislation will be distributed ~ .gh - _ T "
among a great diversity of regions and types of business institu-tions, and is not likely to particularly affect any single segment of wG AW- ---"I
.n i" E " C T S the economy, Resolution of the permanent nuclear waste disposal W
problem should provide certainty and stability for waste disposal m~ charges levied on electricity consumption. l The establishment of a Nuclear Safety Board will not adversely K. _ , g= '- affect the national economy as the Board is limited to three mem- .,
^'
bers and a support staff of not more than fifty; without Congres-sional action the Board itself will cease to function five years after enactment of this legislation. The Board will be performing fune-SRE %.N
.e.R.
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tions previously handled by the NRC, including investigation of major accidents and sznall events at nuclear facilities, hopefully al-leviating the necessit of convening an outside panel to investigate maw' =Wg*6 n events at nuclear fac ities. g & CONGRESSIONAL COST ESTIMATE M,5M" -
- F f
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In accordance with Rule XIII, Clause Ha) of the Rules of the @ *q @~ , House of Representatives, the Committee has made an estimate of l the, budget authority which would be required to carry out the pro. M.c.p ' '
'.e e *> u visions of H.R. 6390. .t m...
The Committee is in accord with estimates made by the Congres-sional Budget Office regarding the programs authorized in the bill. Q$.
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'c It should be clarified, however, that, regarding assistance to States . * **
for development of low level waste disposal sites, the Federal gov- f O ernment will not bear the full costs of those activities. Under the legislation, states are encouraged to seek assistance grants from i.Y m .. the Secretary of Energy. The Secretary and the Congress will de- g% 3 JJd-w I WW .- termine appropriate authorization and appropriation levels to help States with planning and siting activities. The Federal cost of low- J.W.m rm^ i level waste assistance programs will be far lower than that esti- -N mated by the Congressional Budget Office due to this restraint on } the Federal share of those activities. Costs for development of high level waste facilities are required under H.R. 6390 to be recovered from users of the facilities. The Department of Defense will be one such user of permanent reposi-3
' tories. The remainder of repository costs will be paid by private en-tities which also use the facilities.
The analysis of the Congressional Budget Office follows: W em,aw+g4-.** -.m
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O . C ' y:..x .. i There are many analogies between the problem of reac- ! " tor safety and that of aviation safety. Each deals with a == 4 highly complex mechanism, with potential for mechanical, electrical, and human failure, and with the safety of each _ d
=
predicated upon a " defense in depth". In the aviation case, =": ' the analysis of real accidents normally reveals a chain of events coupled with operator error, ultimately leading to an accident, although the record -sometimes includes unique events * * *, The analogy I see is that these two :== "~" technologies each involve extremely complex systems, the . . . . . . .~ " " analysis of whose behavior, especially under upset condi. tions, strains our capability to or perhaps past the limit. How then do we assure, and continue to improve, avi-ation safety? We recognize that designs are not perfect, t that inspection is not perfect, that pilots are not perfect, j "= and that accidents themselves can form a statistical base == for safety assurance. In particular (and this is a feature l t shared with reactors), we exploit the fact that any serious I i:: accident must have some less serious precursors, and that > 0 the precursors themselves provide statistical keys to the E =
=
O. -
- The problem t-i= this7tolearn enough from small accidents to make the corrections necessary for the prevention of large
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P2:l ones. Historically, this has been a successful approach, and k p - public acceptance of aviation attests to that fact * * *. _ In response to Professor Lewis' suggestion Chairman Udall re- ~ quested the NRC and its Advisory Committee on Reactor Safe- "" guards to assess the merits of the Lewis proposal. As part of this , assessment, the ACRS undertook an inquiry into nuclear power- l ir- ::s plant incident reports (called Licensee Event Reports (LERs)) re- ~ '
~
ceived during the period 1976-1978. This inquiry, which was report- I* " " ~ '- ed upon in NUREG 0572, concluded that Leks were a source of 1 valuable data and information, and that a systematic procedure %p should be developed in order to make better use of this informa-tion. This study and the Three Mile Island accident, which together t:) ' showed the need for analysis and evaluation of reactor operating g data, were mla'or factors underlying the Commission's decision to ss establish an Office of Analysis and Evaluation of Operational Data E E .....- (OEAOD). Fr E.P In the course of its deliberations, the Interior Committee Sub-l ' Q' committee on Energy and the Environment considered whether the Nuclear Safety Board should be an independent agency such as the - l National Transportation Safety Board, an independent agency which invectigates aviation and other transportation accidents and :::.;; incidents, conducts special studies, and makes recommendations to the Secretary of Transportation regarding transportation safety. l
.; ..n
. The Department of Transportation is required to respond within 90 ,
days to every NTSB recommendation by either adopting it, initiat- .I ~
~"
ing procedures to adopt it, or refusing to adopt it in whole or in part. The NTSB's recommendations are adopted in the great major-sty of instances, and the agency has an excellent reputation for en- .......= ="' ! hancing aviation and other kinds of transportation safety. = . .:= == - l The Subcommittee ahe onsidered, as an alternative to an inde- "E" "Er 5=
~"~ ~" ~~ " " ~ '
pendent agency, the poMoility of giving the OAEOD a statutory =: '"=' existence and incorporating the board into it. But the Subcommit- = , ~ j
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32 - 3 d ency == tee concluded that the advantages of an Regula-indepen ent ag outweighed those of a statutory group within ii thea Nuclear -.; =. .,-=..: . Q 1 tory Commission. tions is often at issue. The fact of an agency being When the Nuclear ition of of a in the pos Regulatory Com 7;.. r" reviewing its own work creates, at a minimum,f the i appearance F:s.
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conflict of interest. Moreover, the l ffice public Er= recommenda .:.=.....
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greater credibility than the recomrnendations decisions mterna o Ei where considerations of office perogatives might influence a == as to whether recommendations should i fty. be acted , 2:0 E
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== upon.The bil .J account of differences between nuclear and transportat5.on sa e hi The Nuclear Safety Board would focus f E=
upon signific . . . . . . . . . . . . ZM N..J plications of these events. u- the=5.NSBE5 The Subcommittee narrowed the functions h h of l is as origi-nally proposed eliminating those of general oversight over t e clear Regulatory Commission and of monitoring the' E:' % NRC's ;;;;ia reso u-tion of safety issues. E- events, +: The NSB was given the duty to investigate h NRC.significant study operational data and make recommendations toty Ertalthough e t These recommendations are not legally binding, i E" the NRC j must respond to them within 90 SB pro- days. <r W.m;m The NSB was - - __ concerning ways to irnprove nuclear safety. The ll t original N 1
^'
posal was also modified to assign the NSB respoonsibility i ll ' '" to co ec and analyze data from operating reactors on an instantaneous or otherwise timely basis in order to determine 4=[ F t whether tor operators pertaining to such a situation. The Subcommittee clarified the NSB's relationshipLb.. with the NRC. The NSB would conduct an independent C to investigation of sig-Thus, 6 nificant per orm an investigation and report its findings to~ etheorder f events or-if it so chose--ask i but that not ~u NSB. the NR" ~ 7 = the Nuclear Safety Board would take NRC. responsibility for se ;. essary duplication between its activities and those of the Li l While the NSB would concentrate on powerplant l safety, it is au-j thorized to investigate safety problemsf occurring at an . j Regulatory Commission. En The Subcommittee placed a lirait of 50 on the number E of employ-ees and a limit of 12 on the number of full time consultant i equiv-alents that the board could hire. No technical qualifications , were specified for board members. The experiencerof the i E NTSB has been that it is desirable to have a board whose members Lhave 1 .? ss: qu te
.=" . .. . _ "F ..s varied backgrounds and perspectives, and that the necessary i EEexpe . :... - ===~
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ttse is assured by the technical qualifications L .. Z.7 7
= = = '=== of .. .. its staff. g=: .:.;.
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33 ww-b INM.ATION ARY IMPACT STATEMENT l 77 O-j ~ In accordance with rule XI, clause 2(1X4) of the Rules of the . F House of Representatives, this legislation is assessed to have a t , minimal inflationary effect on prices and costs in the operation of ' the national economy. I Impacts of the national nuclear waste management program which would be enacted by this legislation will be distributed - e among a great diversity of regions and types of business institu-tions, and is not likely to particularly affect any single segment of .W.
' the economy. Resolution of the permanent nuclear waste disposal T problem should provide certainty and stability for waste disposal f@2" e
[' d charges levied on electricity consumption. The establishment of a Nuclear Safety Board will not adversely affect the national economy as the Board is limited to three mem-bers and a support staff of not more than fifty; without Congres-K._
$r.R
.gg..
gg " i sional action the Board itself will cease to function five years after enactment of this legislation. The Board will be performing func-
'2 sin xDu -~
tions previously handled by the NRC, including investigation of TN#' major accidents and small events at nuclear facilities, hopefully al- '" ~ leviating the necessity of convening an outside panel to investigate m u events at nuclear facilities. IE I CONGRESS!ONAL COST ESTIMATE
'@?. %g*2r M p T-In accordance with Rule XIII, Clause Wa) of the Rules of the House of Representatives, the Committee has made an estimate of rig.y %
_lg
'weMDM the budget authority which would be required to carry out the pro.
visions of H.R. 6390. h - The Committee is in accord with estimates made by the Congres-sional Budget Office regarding the programs authorized in the bill. g_ ,*,*a It should be clarified, however, that, regarding assistance to States a 4 9 for development of low-level waste disposal sites, the Federal gov- if O ernment will not bear the full costs of those activities. Under the legislation, states are encouraged to seek assistance grants from 9 e the Secretary of Energy. The Secretary and the Congress will de- -#**=mf v m-termine appropriate authorization and appropriation levels to help n%1EC ~ c States with planning and siting activities. The Federal cost of low- J. e 6 - level waste assistance programs will be far lower than that esti- N mated by the Congressional Budget Office due to this restraint on . the Federal share of those activities. Costs for development of high level waste facilities are required under H.R. 6390 to be recovered from users of the facilities. The Department of Defense will be one such user of permanent reposi-tories. The remainder of repository costs will be paid by private en-
) tities which also use the facilities.
The analysis of the Congressional Budget Office follows: e we + =*eeb.- .m = ew. 1
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p=. E .. . . . . ! 7 .s= = q y E;. ,- 2-U.S. CONGRESS, F +- - " _ ~" -- :.. . r--~==?; CONGRESS 10N A1, BUDorr Omcr, W.
%hington, D.C, September 23,1980. E~~~""=="~"'**"=
^ - = = -
Hon. Monats K. UDA1.t., Chairman, Committee on Interior W= and .Insular .==. Affairs, ..= House of Representatives, Washington, D.CPursuant toW ....3 n= Section
- - ,- 403 of the Congres r
~~
Dr.AR MR. CHAIRMAN: - - - - - . sional Budget Act of 1974, the Congressional Budget 0 Office has re- . . . . . .1 ._ ' ~ ~ ~ 6;"~~~ viewed H.R. 6390, the Atomic Energy Act _- Amendments -~~
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Affairs, September 16,1980. b.m=. 1 Title I establishes procedures for the selection and approval of a +- :re. federally owned high level nuclear waste repository. gl~._ Specifically,
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the bill directs the Department of Energy The (DOE) AE ca .=== r == = Z ~~"~ to prepare r si tory sites by 1985, and to select i a federal site for= .Es.r... development :.. ..s= by ll ta 5 where thefeeinitial four sites ".:.=:Z:27"'= relatedare identified and to rece
- . =..; =,z, waste disposal to cover all directly develop-costs for the ::::=4:2"Inc..:f.=$
. . . . . . J ~.~."l.='
ment, construction, and operation of a waste repository. The use of J""=i-~Tll.Z~9=~" such funds will be subject to arnual authorization d .: f ~' r m = = ~ and
==i.i=y y=
-l-"appro Li-(EPA) and the Nuclear Regulatory Commission (NRC) i are require
- "= m - +. - -
to develop, regulations regarding high-level nuclear waste repos - " - tory heensmg. . Title I also expands NRC responsibilities for the disposal of low- _ level radioactive waste. The Commission must determme if all ap- ... plicable NRC requirements have been met before operations " * * " "at *
- a* * * > , -
Licensed disposal site can be terminated. The bill requires, upon li-cense termination, the transfer of burial sites without cost to state or federal government control, unless the NRC determines I Ithat the transfer is not necessary to protect public health and safety. n any case, the bill provides for NRC oversight of long-term mainte-nance activities. The bill authorizes the hRC to provide technical assistance to states and the Department of Energy g . - to pr "T ties.
~
Title 11 establishes the Nuclear Safety Board to conduct inde. * ~~ - - pendent investigations of events at nuclear facilities and to review NRC licensing practices. It authorizes the appropriation of $2.6=-mil-r- lion for each of fiscal v, ears 1981 and 1982 and require ~ s.; bill.The largest potential costs associated with this bill are for con-struction of a permanent repository and site characterization . = = . stud- - . . . .
~ -
ies for highlevel nuclear waste. Costs for a permanent repository - are highly uncertain pending the r, election of a site however, and storage _u ~ method. Preliminary estimates for a full-scale facility,00 million .s - sugFest that design and construction costs will be over s9 E takes .E FJ-in 1950 dollars. Assuming construction begins in 1990 and over six years to complete, total costs would be over $2.5 _ 1billion -= - by - - - - - - - 1996. No significant expenditures for design and construction are ~ - - - ' < - -= expected prior to 1985. While the bill directs ix -- _
.:- DOE b , '. to col g[. J ' A L: =*'
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35 .q partment plans regarding this fee are not expected to be developed SEEE
- until more is known about the configuration of the selected site n=.= =
and storage method. Site characterization costs by 1985 could also be significant. De- :. . pending on how extensive exploratory drilling and testing activities "" are and the nature of the sites selected, characterizations could cost up to $125 million per site, or a total of up to $500 million. . . . _ . .
~~~
The bill does not authorize the appropriation of funds for admin- m ::: istrative costs associated with high level waste activities. Existing 1 and planned efforts by DOE, EPA, and NRC are apparently in ac-cordance with the intent of this legislation, and no additional funds . . . .
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are expected to be sought for fiscal year 1981. The cost to provide assistance to the state review boards is projected to total $3 to $6 million after 1985. Preliminary information from NRC and DOE suggests that the -
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annual cost for long-term routine maintenance of a low level waste - disposal site, barring extraordinary events, is approximatelv GE
$200,000 in 1980 dollars. Of the six existing sites, it is estimated :
that five will revert to federal control. If five of the sites are turned i E= (d' over to the federal government by 1986, the annual costs of manag- ! k-i C;
.,=,
ing them would total about $1.5 million at that time. In addition, NRC staff support to carry out the new tasks mandated by the bill I t.::. .g;;. is expected to cost $1.5 million between 1981 and 1985. : The bill also allows DOE, subject to appropriation action, to pro- L ~- vide funds to states that have entered into compacts for the devel- " X.? coment of low-level waste facilities. The total cost for planning and ;" constructing a regional site with an annual waste volume of 1.2 , E million cubic feet is expected to be approximately $13 million over i E a 3 to 5 year period, assuming construction begins in 1983. Annual
====- "= . n:
operating costs for each site would total about $9 million in 1986, I y : ~.. . . .. .< s _ . . _ with increasing costs in subsequent years. Assuming development of up to four such sites, planning and construction costs could total y
$52 million, with annual operating costs of $36 million per year be-ginning in 1986 or later. However, the bill does not specify how p
g:1 much of these costs could be covered by federal grants, nor has s DOE developed plans in this regard. In any event, because of the 4;; time required to negotiate compacts, requests for state planning 4,. n grants are not likely to be substantial in fiscal year 1981. DOE ad- 1. U ministrative expenses for this state assistance program are estimat- E ed to total $1.5 million between 1981 and 1985. I Title H authorizes the appropriation of $2.6 million for each of u the fiscal years 1981 and 1982. Assuming appropriation of the au- 5 thorized amounts, it is estimated that outlays for the Board will be F
=-
$1.5 million in fiscal year 1981, $2.6 million in 1982, and $1.1 mil-lion in 1983. All costs of this bill fall within budget function 270.
Should the Committee so desire, we would be pleased to provide
. further details on this estimate.
Sincerely, Roarar D. RE1sCHAUER (for Alice M. Rivlin, Director). _ ;;;;;;;
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"" == :::= s OVERSIGHT STATEMENT f the F~ ~ ~ ~
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M z.3 d to In accordance with its responsibilities H.R. under the rules o
=9=" is House, the Committee has conducted exercise hearings on issues .:;. ;;;;.:- re .!
H.R. 6390 and on the bill itself. toAs programs authorized by Z _ . . a 6390 are implemented, the Committeee will trans-continueli nce with c;,. g y;_ the leg j== careful review of the activities to assure comp a =::. :: : . , lation and Congressional intent. l No 2(bX2). recommendations _ gn: wer . . . . . mitted to the Committee pursuant to Rule X, c ause=;;; . . ..:::.
~~
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SEC*rION.BY-SECTION ANALYSTS St.: OF H.R. 6390
~
I t rior andInsular Fl: (As ordered reportedAffairs) by the Committee on n e E W ASTE f . Vi []'p :'li TrrLE I-AMENDMENTS RELATED Pa!MAnztY To R S 1 1=u jE.. a:::: 2
"=
SUBTITLE A-HIGH LEVEL WASTE REPOSITORIE I.:,; I:. ;;;. Section 101 sets out findings and purposes f ites I:5 for the Title. ~" ' Section 102 sets out definitions for the Title. itories fl for possible development as 31,1985. This selection is declared Act. be a major licensed .high-leve The notafterto I;f Eu b'y December li fo Federal action under the National f 1. Environmenta E-
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Section 103(b) requires the Secreta!7 f d to develop briteria or se this initial selection. s g;:: lecting sites for consideration for repositories. f h acterization e set out by the Nuclear Regulatory Commissio Section 103(cX3) limitsE ..the 12 d in site characteriza- I (studying and testing) of repository sites. be removed from E: amount of high level waste which than caneibe usetion activit -- sites which are not licensed for operation. Section 103(d) requires the Secretary tom- g;. select, not later .:.:g... and commer- g : March 30,1988, a site from among i f ility. The Secre- Er those characterized to be mended cial operation for application as a permanent for waste licensmg disposal for construct acI:i onPresident tary is required to provide a report ended toisthei disapproved underd to provide a g Tecommendation. If the other sections of this Act, the Secretary site so recomm is this requAct, red tion. If the site -i. i s of report to the President explaining this recommen aso it the Secretary is required to propose a new s e tion. Section 104 sets deadlines for agency i actions concerning be t and regulation of high-level waste repositories. f highlevel "E
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promulgate standards and requirements fo
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1981. waste repositories no later than June 30,Section 104(aK . . . . . . mulgate general standards for repository licensing : si: 1981. 9 ...
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- is Section 104(b) requires the Commission to report to the Congress l on the status of the application for repository licensing submitted ' i under Sec.102 not later than 2 years after the application is re- b =E l ceived by the Commission. E .2-..--.
Section 104(c) requires the Commission to make a final decision E EE ' " T. I on the license appheation subtritted under Sec. 202 not later than !b :::.;6 4 years after the application is received by the Commission. t:::: . 201... . Section 105 provides criteria for participation in repository devel- ;E ""=== w ... Ts E gg 9 5 3 opment and impact assistance for States affected by repository de- ~ " ~....T~Z~;:.i.5 Z 1
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velopment. l_ T1.
... ... - = = m a Section 105(a) provides criteria for constitution by States of State E. -
l Review Boards which would be eligible for authorities and benefits . E ' under the Act. Such Boards could be constitute as detemined by . F the State under State law, except that the general public, affected iE Indian Tribes and affeemd local governments must be represented, E -- and the Board must hold meetings open to the public at least once F -- every two months. A State Review Board would have authority to -P er () O represent the State in , participating in waste repository develop. ment planning, petitioning Congress to block development of waste F repositories, and developing requests for impact assistance. E :. :!s .. Section 105(b) provides that a State Review board may, by a ma- E - jority vote of its members, petition the Congress seeking disapprov. k ~". . . . . . . . al of the selection of a site within the State for application for li- i censing for permanent waste disposal facilities. E ~=. Section 105(c) provides that a Board may request financial, tech- E nical or legislative assistance to mitigate impacts of waste reposi- E. tory development. E~ Section 105(d) directs the Secretary to provide funds for the oper- <E ations of State Review Boards, except that at least 10 percerit of k .a .~ % ~ ' " the costs of the Board must be provided by the State. Funding for a e Board is teminated one year after a repository commences commer- E
=
cial operation in the pertinent State. Section 105(e) recognizes that a Board may participate in pro. EE ceedings relating to licensing of a waste repository. E~ Section 105(f) requires Federal agencies to provide complete and @:- timely information to State Review Boards, and requires the Secre. E: O V tary to enter into cooperative agreements with States to further co. operation. L E Section 105(g) directs the Secretary to conduct a study regarding E. .:. . collection of fees from nuclear utilities to be made available to com- E-munities affected by waste repository development. E-Section 106 provides that Indian tribal governments have the E same authorities as State Review Boards and are eligible for the E same assistance, except that the Federal government would pay E' 100 percent of the costs of the pertinent activities. .' E Section 107 provides for approval or disapproval of repository E=
="
sites by affected States, the President and the Congress. E-Section 107(a) provides for Congressional disapproval of sites se-lected for characterization for ,possible use as repositories through E' passage of a concurrent resolution. E : . r . Section 107(b) provides that the President may approve a reposi. EL . .?-. 2 -. 4 E ::!. tory site for license application, thereby rendering that site eligible 5:: . J _ -- - -n- .- , for expedited procedures under the Act, unless a State Review
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E _. -- ..--. . Board or Indian Tribal Government submits a petition of disap- L . ._... .. .. , proval to the Congress. The President may also either delay a deci- EJ= . - ,. g .. . .= = ._== =.;:g.a. 3
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.. .c tion of a repository she for license application. um a ====: -
disapprove the nomination if either House approves
~~~
s, dited rules as a highly privileged motion. "9EE Section 108 provides expedited judiciall review t re- of ff ' any agency ac-tions relating to construction and permitting of of high leve EM was e positories under the Act. The section does not limit l ined. g:li the scope
- r. :
challenges be brought within 60 days the proceeding, and #of the action comp a f
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Columbia, which has exclusive jurisdiction m, h claims. ;E5
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which is required to expedite consideration h Commis- -E= of any sucSection =MF i TMf - 1 veloped under the Act, except that permits issued by5@0 te sion are not affected by the Section. it y mits affecting characterization oritteddevelopment {g2 3--;;. of waste ~ sites under the Act as soon asThepracticable, Nu- i.,: g.:: to the exte or permit which would be in violation of applicable law.) clear Regulatory Commission is exempted from thep section. p' authorizations Section 109(b) provides that any permits or other _ __::g=:::: 2 issued or granted under section d d by the rele-l'0Sta) shall include l mit- ..: . c%., n. . " . " ~ ~ '" ed under Section 10S(a) may subsequently ld have the E" be amen evant off the Act, E ted and not require'd by law, and if the changed wou - effect of terminating activities at a site provided h sfor un err. iEm the officer or agency is prohibited from IEu Federal d directly to E making such c ange costs of waste disposal and management from f the users E: of waste repositories. Such fees are required to be use F.m i EL i offset waste management program costs, @'.' but expenditu " propriations by Congress.Section 111 sets dates atIE'which parts of the subtitl have effect. Section 111(a) provides that sections 107 andf.l108, which provide f". expedited permitting and judicial l review t i n=
! E!?
for high-leve re 1 tory is m commercial operation. tion 111(b) provides bE that all the provis for sections 107 and 108, which are addressed in section 209(a), w 4 E terminate December 31,1999.Section 112 requires hich i F the Secretary ~ . . . . . t= to desi ties for permanent disposal of high level waste in a dmanner l in l ;," w 2F f ==.4 E
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I provides that for an appropriate period hibited _ En of time the wastes l of the waste for economic purposes. The [ 7.. Secretary is pr pressly authorized to do so by the President. .
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2=. iii= 89 SUBTITLE B-IDW LEVEL WASTE ........ 1 Section 121 (a) defines a low level waste as those classes of nucle-l ' ar materials which the Commission determines should be disposed of according to the standards and procedures set out in these amendments. Section 121(b) requires that, where a State licenses low level - waste burial under an agreement with the Nuclear Regulatory
~
Commission, the State must: 1 (1) provide that disposal sites be left under State or Federal l care after the site is no longer operating, 5 . . . . . . . (2) regulate the disposal in a manner at least equivalent to sr ~ ~ ~ . . .- standards and requirements imposed by the Comminion, and ;;. (3) provide for public participation in licensin proceedings e the state of 7 EE and rulemakings and for an independent review - si the environmental impacts of the licensed activit . No state is required to conduct any such proceedmgs which would dupli- E L:: cate proceedings conducted by the Commission. p) (~ Authority is reserved for the dommission to determine, before a state. issued license is terminated, that applicable standards and re-
=.
1:.:: E:: quirements under the license have been rnet by the licensee. E: The Commission is aut..orized to provide technical assistance to States to aid them in low level waste management activities. Es l Section 121(cK1) and (2) provide a title and table of contents ref- E "'- E .. .. .. . erence for low level waste management amendments to the Atomic Energy Act. lll:"= Section 121(cX3) and (4) require that all licenses issued for low E level waste disposal include conditions necessary to assure that, E
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prior to termination of the license, the licensee will comply with ~~ ~ requirements which assure the site will be properly decommis- '~. ~~ ~'~ sioned and turned over for permanent custody to the Federal gov-4 ernment or the State in which the site is located. h Section 121(cX5)is a technical amendment. E:.: Section 121(cX6) provides that in the case of licenses for low level waste disposal which were in effect at the time of enactment of h E: these amendments, requirements that sites be transferred to State or Federal ownership are applicable, but the Commission may take E , E?; fl into consideration land title issues which may make such transfers V infeasible. The section also clarifies that provisions allowing the L Commission to permit the use of the subsurface of disposal sites for other purposes after license termination do not apply to low level [( E waste sites. E' Section 121(cX7) is a technical change. E Section 121(cXB)is a conforming amendment. q Section 121(cX8) provides that the Commission may by order l= permit the use of the surface estate of low level waste disposal sites which have been transferred to the Federal or State government for permanent custody, if the Commission determines such use would not endanger public health or safety or the environment. a~ Section 121(cX9) provides that the Commission may determine i
~~
that permanent Federal or State custody of low level waste burial 9 M7 M=S5 m' sites is not required if such transfer is not necessary to protect l P= i
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l public health and safety, except that in any case the site and low level waste materials would be required to be maintained under l> Comdssion license permanently. l l =: 4 . . .
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40 R Em :,, gner Section 121(cX10) requb. states to assumegcustody and to :.m".::. d ~" care for any low level wastelicenses. digwal sites tf such sites
, ge are transferre =;to "]
them after termination Section 121(cK11) provida. for the Comm,ssion, of oleration i gs::- ... m. . to require11t gi;~;: '~ ownership of land on ferred to the Federn! government or, at the f license for option of the state, to:d.Z7 i E5! the state in which it is tgated, upon terminat on o
- determining transfer Ej such disposal. The Commpion,ts required inconsideration the status of own
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_,,,,,a. requirements to take in!"r the licensee to transfer title to it. ;.; ;. the land and the ability c ,~~'
"M :::: =3.5 da Section 121(cX12) is a techn! h cal t to the change.Section 121(c . . .. . ;
Section 121(cK14h A) reu d inistra- ~~C l l censees state or the to Federal Statc=or sinirfor care be conducted ega or a m wit out cos United except necessary :: "" .... ..a tive Section costs. 121(cK14kB) makes clear that provisions allowing trans. :-........:"'.i fer of title to disposal ,nes by the,sites, ll tailings state are or not the U.S. to another gg]=; 3.W. .. s' party, which are applienbk q urantum mi "(. .. . =::., applicable to low level Wa*1".sttes. existence of two sections 211(cX14) is a S
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1.- section 121(cK14) (the Energy Act to re- '3.1.
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technical error in the billt i licenses 2n (1) Amends section .8Sa. (2) of the Atomic E.' - quire that the Comod'en hip assure,upon licensewhen E:" E issu ng newfo W the transfer of the ,nc to state or U.S. owners E En A) of such Act to provide that the P ~- - ~
- dr termination:(2)
Commission shall Amends twiniresection thatKSb. lowl level(1X waste ; N + disposal sites beo
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d - F transferred to Stnicthe license for gthe El nc, and that
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E the Commission cfor .och custodv. of such Act to clarify that Ei == (3) Amends sub*e twn 83b(6) li licensee of E:'
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transfer of title to d,.)wal sites doesEl Enot re eve anylia r- ,e h Act to exempt sites on EI ~ transfer, and(4) Amends scegun S3b(S) of suc Indian tribal land imm th,e requirements for Ef Ftransfer of title,
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h sites the
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and to provide that olon heense termination for sucnuo arrangements wI licensee shall enteson care will be provided for such sites. E === assure that long.f c I' Section 121(151 prohibas the Commission from terminating E anyre disposal u ~ l d transfer, decommis- p license for low level wetion that the licensec he complied E!: with an sioning and site closum@ivguirements.are conforming4changes in titles. Section 121(dXI) and Section 121(dKS) reconw that the Commission and regulate low waste conforms in a manner to requirempots.of the Sohd Waste Disposal J== Act.uustrator, the 52= - - .
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- f l nuclear ~P
- sultation with the Adm ==
l and promulgate regulnims for thehazardous disposal waste ofdis. low eve f. . e ( waste within or adjacent to chemical or otherposal s . l s 3.._..
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- 41 Section 121(dX4) gives the Commission authority to require any i:: .
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l - person, official or agency exempted from licensing by section 81 of the Act to carry out rules or orders to comply with low level waste ~~. z. manage. nt standards. (This would pertain to the Department of Energy, which may operate burial grounds or take custody of sites after license termination.) ~ The section also provides a civil penalty for violations of low . . . . . . .
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level waste requirements, referencing section 234 of the Act. The m maximum fine under section 234 is $5,000 for each day of violation, &
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per violation, but not more than $25,000 in a 30-day period.
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Section 121(eX1) authorizes the Commission to require licensees E to provide bonds, suraty or other financial arrangements prior to o
=i termination of licenses to ensure that sites will be properly cleaned up and that regulatory requirements will be met. =i.i" Section 121(eX2) authorizes the Commission to require a licensee F =:
to provide bonding, surety or other financial arrangements to pay a.: for long-term maintenance or monitoring of the site after license p"i termination if the Commission deteunines that such maintenance E::
- will be necessary.
U) Section 121(eX3) requires the Commission to take into account, E": E when it determines.the need for financial arrangements from li-censees, sureties or arrangements the licensee may have provided E' to other Federal agencies or state or local agencies for similar pur- E poses. The Commission is allowed discretion to determine that such E-
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other arrangements are not adeguate to carry out requirements. E" Section 122 amends the Atomic Energy Act to add a new section E 85 to Chapter 8 of the Act. This section sets out new state authori- Ei. ties and responsibilities related to providing for low level waste h burial facilities.
~~~
Section 85.a. prohibits the issuance or renev al of any license or -~ - permit by the Commission for interstate transportation of nuclear material in any state five years after the enactment of this section, E". . unless a state has entered into an agreement with a state in which the material will be disposed for management of the material. El Section 85.b. authorizes states to enter into compacts or agree- r E ments with other states in order to establish facilities for low level P waste disposal. (This section would remove a prohibition against a E= O group of states making agreements that would affect trade which v results from interpretation of the Interstate Commerce clause of E the Constitution.) Section 122(b) is a conforming amendment. h= Section 123 authorizes the Secretary of Energy to provide grants p: and technical assistance for the development of low level waste ir burial grounds to states which have entered into agreements with i: other states to provide low level waste burial capacity. ;.,, i.x Trrtz II-NucLr.An SArrry BOARD Section. 201 sets out findinhs and pbses for the title.ty Board as an + independ-Section. 202 establishes a uclear E-ent agency in the executive branch, and provides criteria for Board i
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membership and salaries. = "' == Section. 202(a) establishes the Board and provides that the Board I p, "i=!, ==
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have a judicially recognized seal. . [ b: I , , l
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42 d of three ,s ..y., Section. 202(b) requires that the Board be liti- composed T by the Senate. . . . . .~-- members, appointed by the President and dations confirme for No more than two members are permitted to Ell; be of the same po
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cal party. The President is required to submit recommendays =
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after =. ena the first three members no later than i 90 i d to be and E.;_; '~_~.
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Section. this Act. 202(c) provides for designation toof a21:. Board ., Cha rman Vice Chairman and their duties. These positions6;-::.-.-.5 ==are requ re "===
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designated by the President. Their terms fficer. are set at two years, <.=; . run concurrently. fTmt , p=;s ::: ' ~~ The duties Subject to Board of policies, the Chairman ithemitted Chairman to are those any appropriate is hresponsible delegat4. '
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execut sta administration and budget. The Chairman b , E=4. f.7- s perthese fun "=-
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agent of the Board.The Vice Chairman's duty i E. is to act as Chairm f :. 7 h i itial appoint- ls-l: " . . . . . . ."" .:;. ..'. of the Chairman. Section. years, and202(d) sets terms forthat Board t e n rnembers. Me espectively, so iE: .......=====: six may be reappointed, except continuity. ees serve for two years, four years and six years, d :r@E: == . . _: = :=chs, " that subsequent terms will be i derstaggered of the origi- F to ensureMembe
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uled expiration of a term serve only for thei fficiency, rema n M" ' nalAny term. member F may be removed by the President d constitute F for ne neg' lect of duty or malfeasance.beetion. ?- C i202ie) provides that two mem ld hearings. 's a quorum, but that a lesser number may hob ' ay ' k % %%% ._ ~ l level is equivalent to Executive id by the day s el time. Level
@ III, and oth is equivalent to Executive 1.evel IV. Members are k 4pa "
engaged directly in Board activities, l p laces of busi-including travMembe ing for the Board away from their homes or regu h kar p 5 Section. 203(a) provides for staff and support ness. E services for$. te Subject to rules prescribed by Staff Board. thedhiring Board, and fthe Chairman is resp sible for appointing staff and itxingd their salaries. F classifica- E l compensation are subject to Civil Service proce ures ? an tions. fr hire specialists or consultants l l ot to exceedoutside r [e:, Civil Se periods of no more than one year, f a GS-18 andlevel. at pay {eve Es :s n the daily equivalent of thef ilities, maximum equipment salary o r:. 5;n.. orSection. 203 i i t ation is rei E:- E vide, upon request of the Board, personnel, E. ' : m.acother su - d to be on a rei :- " '# ; quired to provide support services requestesuch f" "r=== 1Er. assistan
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Section. 203(d) permits the Board bursable basis. f chto confer agenciei E ~ with State
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or i ._...~ - . . . . . agencies and to make use of services or facilities _ .. o su .,"" I
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l Section. 203(e) allows the Board the same mailing privileges as
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Section. 203(f) allows the Board to accept voluntary services and -
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cny gifts or donations. Section. 204 sets forth the duties of the Board: - The Board is mandated to investigate and analyze both major ac-cidents and small events involving nuclear facilities and/or materi- . als to determine the causes of these occurrences and to make ree-ommendations for improvements in nuclear regulations as a result f 2._E ~ " - cf these studies. 0 .= l Section. 204(1) requires the Board to investigate significant events =
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involving facilities and/or materials regulated by the Commission to determine their implications for health and safety and whether s == [!.: =. there may be implications for improvements in regulations. The s::. = Board may request the Commission to conduct an kivestigation, 5 . . . . . . . p/ w. conclusions and recommendations.then analyze the Commission's data E in order to ""make indepe -- Section 204(2) requires the Board to regularly analyze operation- =.?.? cl data gathered by the Commission to determine whether there may be patterns of events occurring which could have health and #E es- = E:1 2:1 safety significance. Section 203(3) requires the Board to conduct special studies per- Fii taining to safety at facilities or activities regulated by the Commis. E sion. (This might include study of generic safety issues or other :: studies which may be necessary to support using the results of L: ;;=j 6.; operational data analysis to make recommendations.) ~ Section 204(4) requires the Board to receive and evaluate sugges- -. -- tions received from outside groups (industry groups, public interest I ._. groups or scientific groups, for example) to determme whether they = may include information or suggestions to improve nuclear E. regulation. F . . . . . . _ .
==
Section 204(5) requires the Board to make recommendations to E:": the Commission regarding specific measures (including new or re-vised standards or requirements) which should be adopted by the $1 Commission to improve nuclear safety. p Section 204(6) requires the Board to establish a monitoring {# .s=
-Q center for the purpose of receiving reactor data on a instantaneous i.
or otherwise timely basis from nuclear power reactors. The moni- = toring staff would be responsible for analyzing data to determine 3 whether a potentially dangerous condition exist and making appro- L. priate recommendations to operators of nuclear powerplants when _9. . . it is determined that such a situation does exist. 2:.. Section 204(7) requires the Board to issue periodic reports con-taining recommendations of specific measures to increase the fii safety of nuclear facilities and/or activities invohing handling of M r= nuclear materials. 9: Section 205 sets out specific wers of the Board: ard to hold hearings as it deter- : E Section 205(a) permits the " -
=. .=ac. :::: =u and to administer oaths or affirmations to wit-mines nessesnecessary, appearing before it. The subsection requires that witnesses !
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be paid the same fees and mileage as are paid to witnesses in U.S. ..... courts. E" Section 205(b) authorizes the Board to issue subpenas for requir-
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ing attendance, testimony and production of evidence for matters
; relating to Board investigations. Subpenas are required to be ..
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"3 court Section under 205(c) the Federal providesRules authority of Civil lford any Procedures.
by theBoard employee C
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":1 enter and conduct investigations in any facility regu ate h i d to m- e Commission in which mines to have safety significance. Employees are aut or ze an event has occurred~
which the ==: spect pertinent records. - Section 205(d) requires that the Board ben furnished, who upon re- =s quest, autopsy reports by State or local officials on f any perso 3. g y dies as a result of having been involved d subpenas or in a nuclear ~ accident.n application =. . Section 205(e) authorizes U.S. courts to issue, upo the Board, orders to compel compliance with Boar h orders . . . . . . .
- .2T" j other orders under Board authorities. Failure to obey suc ss .=..
by a court may be punished as contempt despite wit-t that f of the court.Section
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other U.S. agencies to compel testimony of witnesses ness' claim that to do so could constitutei from pros- ss: self-jeopardy, thority h : excep witnesses so claiming are granted automatic @ immumtyecuWi with the approval of the U.S. Attorney General. 5 Section 205(fX2) prohibits the use of any report issued by the 5 Board as evidence in any court, or otherwise t the d is a f fin any action for dam- ~~ ages arising from the matter of the report. (The reference 7 an ~ ~o" :<
" Commission" in this paragraph should read " Board" er " -- "f technical Section error206 in thesets bill.) out general administrative powers y ~
of the Board:
*~~--.4 ies and secure data from Federal f i f F E
state or local ag l / person engaged in interstate i commerce. other cat- E ti Acc, 7
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Board requ
- c l tion relating to trade secrets, commercial informat on or =y egories open to exemption under the Freedom of Informa on ==:k s
but Board requests are subject ila d toE:ETthe limitations nun
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y:gf of I sponses by these agencies or persons, E which shall be Section 206(b) authorizes any member tion 407(aX2). d toorthe agent f E of the Board (in E:d:. cluding employees and administrative law judges assigne Board) to take actions the Boardbletoli: may take E!!! under this . . . ~
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! studies. The Board is exempted from G:: requirements ap f . . . . . .
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E vide opportunity for bidding.Section 206(d) authorizes J h the Board to desi " 5:- EL forSection liaison with206(e) other bodies. authorizes the Board to create I. .= . advisory i
==' committee under the Federal Advisory Committee Act. Suchj committees . . . ~ 65= '~~-""==:
are == E" l limited to a lifetime of at most 2 years under f that Act, and must b f p funded through a statutorily constituted agencySection 206(f) a .J l tions necessary to carry out its functions. ::. j
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- Section 207 regards public access to information collected or gen-crated by the Board.Section 207(a) requires the Board to make its information
[. availa-
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ble to the public upon request, except that the Board is prohibited F from releasing any trade secrets as defined in section 1905 of title 18, U.S. Code and is not required to release information subject to the Privacy Act. - - Section 207(b) provides exceptions to section 407(a)'s prohibitiori 9 on public release of trade secrets.uires the Board to concurrently submit to 6the , Sc-tion N et issue, legislative recommendation or comment Congress a:. bu '= c= on legislatrm it submits to the President or the Office of ? Management and Budget. Such information is protected against re- M E. quirement of prior review by other U.S. officers or agencies.Section E:!.
==
209(a) re Board recommendations not later than 90 days after receipt there- si:: of. The Commusion is required to indicate whether it intends to E!!. b3'j adopt the recommendations or, if not, reasons for its determination E= not to adopt any recotamendations. Ell Section 209(b) requires publication of Board recommendations E!!: and Commission responses m the Federal Regt' ster. E-ll Secti >n 210 provides civil penalties for violation of Board report- E-ll. E ing requirements. Civil penalties may be levied up to E'? $5,000 foreach vi ~ provide hearings and notice regarding penalties. The Board is per- Ell
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- mitted to modilf ' or remit cNil penaltiet. Ef;.
Section 211 provides procedures for judicial review under stand- E= E:- " ard procedures of chapter 7 of title 5 of the U.S. CodeSection' 212 - - ~~ requires th Congress regarding its activities.Section 213 provides that the Board b E.
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shall cease to exis after its creation. L: Scction 214 authorizes appropriations of 32,600,000 for fiscal b.; years 1981 and 1982 to carry out the provisions of the subtitle. a CHANCES IN ExlS' RING LAW 5 O<. HouseIn com liof bance with clause 3 of Rule XHI of the Rules I" of thepresent J:l as reported, are shown c.s follows (existing law proposed to be omit- = ted is enclosed in black brackets, new matter is p-inted in italics, existing law in which no change is proposed is shown in roman): ;f[) Atomic Energy Act of1954, as amended ,
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E CHANGES MADE IN THE ATOMIC ENERGY ACT OF 1954 BY : EY.
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SECTION 121 OF H.R. 6390 i :E CHAPTER 2. DEFINI2 IONS =
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or inspecial accordanceexcept =E nuclear that such m f j. 8L and 161 x, o = ::f with se&ns 83, byproduct material as. define . . does not Mclude .
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CHAPTER 19. MISCELLANEOUS . g= =:.. 5E2 ...n=
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- a. It is 274. Coorramon Wrrnf the STATES.- States in the peaceful g: .
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the purpose of this section g!! (1) to recopuze the interests oand to clarify the= respective ,
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uses of atomic energy,f the States and the Commission iE' sii with re-source,= ities under this Act o % ; spect to the regulation ofwithbyproduct, respect to & ! E... nuclear mat _ (2) to recognize :Gii: ation between the States and the Commissiond iEs M with us ' control of radiation hazards ttern associatebetween l r de- the $. materials: (3) to prornote an orderly regulatory pa E" Commission and State governments with respect to nuc eab E" velopment and use and regulation of
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f discontinuance of TE special nuclear materials; . (4) to establish procedures andl criteria materiora,ibilities and w with re- p . : *%~m certain of the Comnaission's regulatory respons E 1E spect to byproduct, source, ciesand and coop- special ~ nuc earthe = ". (5) to provide for coordination of lt = - ation standards for the guidance of Federa agentheir capabilities eration with the States; and l to regulate effectively suchi materia i author. E. s, a(6) to reco S: J may be desirable. f StateproJ ized to enter into agreements i 161 of this Act, with[E ^ with the Govern viding for discontinuance of the regulatory terials a within theEi mission under chapters 6,7, i 11 e. and (1); 8, T_and E sect onresp : n, State- i 11 e. (2); (1) byproduct materials as definedE# in sect on(2) by not sufficient to ii (3) source materials;(4) special nuclear d that materials 'E thel in quant t es form a critical mass. 1 by tN Eu .W" .. .~.... " =X 927 c5= ,'.... During the duration of such an agreement 1 52.. E.
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it i agreement for the protection of the public hea EI."
- b. shall prosna3 0 t . . . . . . . .==~ En
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vide for :icir .2 retain authority and responsibility with respect :
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47 h:- . . =:: (1) the construction and operation of any production or utili- g ~~ ~ zation facility; == (2) the export from or import into the United States of by- i .2..; product, source, or special nuclear material, or of any produc- * ' b_ ..
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tion or utilization facility; 2 ,- 5?~?" _. (3) the disposal into the ocean or sea of byproduct, source, or *- special nuclear waste materials as defined in regulations or $lEx.. _.3 cs == ===
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orders of the Commission; _=u... ......_.;. (4) the disposal of such other byproduct, source, or special nuclear material as the Commission deteonines by regulation
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q or order should, because of the hazards i r potential hazards - E e=- thereof, not be so disposed of without e license from the . Commission. = l The Commission shall also retain authoriw under any such l agreement to make a determination that all t oplicable standards EEE ;=
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- in and requirements have been met prior to termination of a license E:- ::==. ;=- =,=: J (m J i for byproduct material, as defined in section 11 e. (2) and prior to termination of a license for disposal of low-level radioactive waste.
E[ ==u ...+ Notwithstanding any agreement between the Commission and any E6 z== . _ . . .
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EE 3. State pursuant to subsection b . the Commission is authorized by lg_ . . . . . . . rule, regulation, or order to require that the manufacturer, proces- == . 7~ sor, or producer of any equipment, device, commodity, or other 3EE . " " ~ ~ " - ~ ~ ~. . _ _ product containing source, byproduct, or special nuclear material g l shall not transfer possession or control of such product except pur- = suant to a license issued by the Commission. Ei
~ ~~
- i. The Commissiors in carrying out its licensing and regulatory re- E~
sponsibilities under this Act is authorized to enter into agreements 'g-- with any State, cr group of States, to perform inspections or other _M~ ^. functions on a cooperative basis as the Commission deems appro-priate. The Commission is also authorized to provide trammg, with h. .. or without charge, to employees of, and such other assistance to, g-
=
any State or political subdivision thereof or group of States as the EE Commission deems appropriate. Anv such provision or assistance E-by the Commission shall take into a'ecount the additional expenses E that may be incurred by a State as a consequence of the State's en- 55-tering into an agreement with the Commission pursuant to subsee-(l v tion b. The Commission may provide technical assistance to States Eh
=
forpuroses of aiding the States in resolving problems relating to the disposal of radioactive wastes whether or not such wastes are com-E posed of source. byproduct, or special nuclear material. (2) compliance with standards which shall be adopted by the State for the protection of the public health, safety, and the en- EE- - vironment from hazards associated with [such material .- . which3 material, wa:te, activities, and facilities regulated by the State pursuant to the agreement, which standards are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same purpose, meluding, where app,licable, requirements IB:- -
. r_ ~
e and standards promulgated by the Commission and the Admin- EE-~~~ l i istrator of the Environmental Protection Agency pursuant to 1B=.
~ --~ ~~ ~
sections 83.84, and 275, [and] " -~ (Note: Some of the amendments shoten above in paragraph (2) .-~ . ttere anade in section 305(bXc) of the bill)
. ee . . . . . . , .
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(3) for the licensing and ngulations of byproduct mater a a il s [-< = .u. .
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"~" 5 f
defined in section 11 e. (2) and low leveld radioactive F e- waste, pro . cedures (A)which- in the case of licenses, provide [ procedures F- un er
= . . _ . . .' ' " ~ == u4
@.. . . . . . . .' " " *1J State law which include] under State low-iiiis_... J comments and a pub}ic hearmg, with a transcr iiiis_.. -3 (ii) an opportunity for cross examination, "7..._..._. andwritten d " " =
(iii) a findings included in such determination i d ss and upon ~""llJ.7" - ~- the E_.. evidence presented during the public comment 71u~" per ;-- o = and which is subject to judhial review: =-- .=.... ...._ blic == nuvic participation throughificant wrltten comments --- EE o hearmg and provide for judicial review of the i rule: ~": :-- "^ r --r= __ (C) require for each licence which has a sign mr s ..._ c-p:7 3 impact on the human environment theacom-f h written ...~;2analys (which shall be available to the p)ublic before ---:-- s. - - .g' mencement of any suchi proceedings ld '
':- - of the
~E.5 :=:r",;
impac .. to, on the environment, which analysis shall nc u e- ~ = = q. .; ..; (i) an assessment of the radiological and nonradiolo- .. ~" 3, gical impacts to the public healta of the activities to . r-2 ."'" be conducted pursuant to such heense; -: ..-: - ..... _.[""" (ii) an assessrnent of any impact on any waterway
~
I L. and ground water resulting from such activities; - 2 . tive sites and engineeringiimethods, to the activ j
'" % _ .c _ '
be conducted pursuant to such license;'andd """ -- 1. (iv) consideration of the long-term impacts, incluclo ing site and reclamation impacts, associated with activities " ~ be conducted pursuant to such license, includ section 11 e. (2); and " : == A spect to such materialJ waste to which this paragraph applies prior to compl ' with respect -
"===-
= to .- the .w ma with the provisions of subparagraph (C)[.3; an.
== ==
CHAPTER 8. BYPRODUCT MATERIAL . . if SEc. alA1. 83. OWNERSHIP Low-LEvrt RActoAcrzvr WAstr, AND ANDCUSTODY DISPOSAL f - .- SrrES.- OF CERTAIN *
. . _ . ~
- a. Any license issued or renewed after the effective date o l -
section under section 62 or section 83 for any acti 11 e. (2) and any license issued or renewed f h after . the . . . . . _ date
~ ~ ~ = of T
~
the
- ~ ="
' u.r--
77 - posal of low level conditions as the Commission determines to be necessary to radioactive waste, - shall contain
="~
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n- :n. r .;r that, p(rior to termination of such license---
- sure, decommissioning, and reclamationb.2standa ?fy- ..
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49
- . t l by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which -
such byproduct material is deposited, and for sites at which
~
such Low level radioactive waste is disposed of, and " (2) ownership of any byproduct material, as defined in sec- ,
"=
tion 11 e. (2) or any low level radioactive waste, which resulted = from such licensed activity shall be transferred to (A) the the State in which such activity oc- " United curred ifStates or (B) such State [in]ises the option under subsection b. (1) exerc " to acquire land used for the disposal of byproduct material. - [Any license which is in effect on the effective date of this see- E tion shalland which comply withisparagr subsequently)hs (1 andterminated without renewal (2) upon termination.3 .Es c Any license which is in ct on the effective date of this sec. E. ? uct material as defined in section 11 E": tion (in the case of E:
- e. (2)) or on the date the enactnwnt of the Atomic Energy Act Amendments of1980 n the case of a license for the disposal of E &._....
O O low-level radioactive waste) and uhich is subsequently terms. TF
- ==
noted without renewal shall comply with paragraphs (1) and (2) E upon termination, except that in the case of any such license, E
==
1 the refe.~ cnce in paragmph (2) to the exercise by the State of an ;E option under subsection b. (1) shall be treated as a reference to E" + == ET EE == the exercise by the State of the option under subsection b (4). E' s== [(b) 0) (A)] b. (1)(A) The Commission shall require by rule, reg- EE E !! ulation, or order that prior to the termination of any license which is issued after the effective date of this section (in the case of by- # E.:. product material, as defined in section 11 e. (2)) or after the date of ' - - - the enactment of the Atomi: Energy Act Amendments of 1980 (in sn-~~----- the case of a license for the disposal of low. level radioactive w'aste) > title to the land, including any mterests therein (other than land E , . = owned by the United States or by a State) which is used for the E. disposal'of any byproduct material, as defined by section 11 e. (2) or E . . - any low level radioactive waste, pursuant to such license shall be z transferred to- E _
==
(i) the United States, or F l p (ii) the State in which such land is located, at the option of -{ such State, i ! 4J' unless the Commission determines prior to such termination that E" F" transfer of title to such land and such byproduct material is not E necessary or desirable to protect the public health, safety, or wel-fare or to minimize or ehminate danger to life or property. Such Er h:, determination shall be made in accordance with section 181 of this s;. Act. Notwithstanding any other provision of law or any such deter-
=
mination such property and materials shall be maintained pursu- . ant to a heense issued by the Commission pursuant to section181of El this Act in such manner as will protect the public health, safety, hE"! and the environment. E i (B)1f the Commission determines by order that use of the surface E= or subsurface estates, or both, [of the land] of land u.ed for the disposal of byproduct material as defined in section 11 e. (2) which
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land is transferred to the United States or to a State uader subpar- != a'raph (A) or under paragraph (4) would not endanger the public .M ss haalth, safety, welfare, or environment, the Commission, pursuant (E :das
,s to such regulations as it may prescribe, shall permit the use of the ,?
surface or subsurface estates, or both, of such land in a manner s
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+
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50 =- C =.z ll9j If the Commission P d h person who E!.: .dl; consistent transferred such land with the right of first re with the provisions of this section. permits such 3::...-
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5:1: d of the surfaceWwl d 4 such use of such land.(C)Iflfare, Ihe Commission y "== determines
"=
.:i) by o olerred to the United States ors itto or environ-may apre- State t under subpamgraph .=j would not endanger the public health,i safety, we .."~~ y ment, the Commission, pursuant to lsuch regulat ons ad in a == manner y~
scribe, may permit the use of the surface of the anIf *:L the Commission per. = :Y.1 I ~ consistent with the provisions of this section.it shall provide the person who trans U: ~b
=
mits such use of such land, ht of first refusal with respect : to. . .such [J.- ferred the land with the rig title to such byproduct W:"
. . . .'== .
use (2) cf the land. If transfer to the United States of [ duct material, low-level title to bypro material and such land]d under this section, the Secretary l 1 of
- y d b . ;._
"=== .i. ' = ,
d waste, or land is requireEnergy d ct material or any Federal agen section c., assume title and [ custody of such i Secretary byp]ro . ucustody of the - and land transferred as provided in this dsubsect on '
==
byproduct material, waste, and l land land in such d the so en transferred.
*i- . Such B or Federal agency shall maintain f l of the such materia !=i anmanner a
;~= =""- :
ronment. Such custody may be transferreinstrumentality i l is
~
-=. of the
[(3)If transfer to a State of titleh State President. to such shall, fol-d byproduct b Eve m mater = ~.. _ a ~
"~~. . _ . . . . "
required in accordance with this subsection, suc lowing the Commission's determination d t material and of h llg:.compliance un er su . section d., assume title and custody of such ill protect =...uc bypro "= land transferred as provided in this subsection. E.1 Such State s a maintain such matenal and the emand ent.]dland ini such lous. manner as w i t material, the public health, safety, ronm thiu= . (Silf transfer to a State of title to any bypro uc li= " level waste, or land is required in accordance with thisE=ii.sect on,=g2." State shall, following the Commission's d cust: to the material =L the materioW5 determimtion of comp L ance under subsection c., assume title an ill protact th?T. waste, or land concerned.i The State :.g;" shall maintainwa public health, safety, and the environment. (4) In the case of any [such license under d t aterial sect onab@= :: under section 62 or section h disposal 81of with 100 fik respect to bypro uc
?
of this section, and in thef case 1980, the of h licene, sui Comm any e
- license for1E t elevel ra ment of the Atomic Energy Act Amendments o sion may require, before the termination of sucibEd in paragraph = e;;;
( ....... . . . transfer ofland and interests therein (as descr ' 6;". =iestate C = =::= ::# in which ' 9"U ~ist su of this subsection) to the United States or a E EE!!. 5 == Land is located. at the option of suchterial t from State, a as may be necessary
- Mi:
protect the public health, welfare, l and the environmen whi i~.: etfects associated with such byproduct materia ?= 55 . E==ii:
, ori tr.ai i g the authoritv of= t'
. . . ..d i the stal F .= r s.
is low-level radioactive waste. In exerc s nparagraph, the Co 555$5
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> of the ownership of such land and interests therein and the ability ;lll. =~= ,q of the licensee to transfer title and custody thereof to the Unite'd q States or a State.
r:. a (5) The Commission may, pursuant to a license, or by rule or m: s order, require the secretary or other Federal agency or State = f:j having custody of such property and materials to undertake such - _
"" =i monitoring, maintenance, and emergency measures as are neces- '::
.?
sary to protect the public health and safety and such other actions
- a as the Commission deems necessary to comply with the standard ~ . .:
promulgated pursuant to section 84 of this Act. The Secretary . anance, or -
.==._.. d such other Federal agency is authorized to carry out m.. == ..
- d monitoring, and emergency measures, but shall take no other
~~" "
EE action pursuant to such heense, rule or order, with respect to such EF
"~~
property and materials unless expressiv authorized by Congress 21 after the [date of enactment of this Act) date of the enactment of G:: rr= Q the Uranium Mill Tailings Control Act of1978. E: ..... a (6) The transfer of title to land or bvproduct materials, as defined E+ =~'= ..) in section 11 e. (2) or any low level radioactive waste, to a State or F d (V) the United States pursuant to this subsection section shall not re-M ig lieve any licensee of liability for any fraudulent or negligent acts _= i done prior to such tre.nsfer. EG EE ;;s.c h (7) [ Material and land transferred to the United States or a E= 9 State in accordance with this subsection shall be transferred with- R:i d M out cost to the United States or a State (other than administrative Material, .E:: =n
"~
and legal costs incurred in carrying out such transfer)]he United & =: low level radioactive waste, and land transferred to t E States or to a State in accordance with this subsection and subsec. E i.] tion a. shall be transferred without cost to the United States or to '~ the State (other than administrative and legal costs incurred in car. t ~ - . - - . . _ . l rying out such transferk [ Subject to] In the case of byproduct ma- =.. A terial as defined in section 11 e. W and land used for the disposal F s thereof, subject to the provisions of paragraph (1XB) of this subsec- sj tion, the United States or a State shall not transfer title to materi- E7 ::j E: al or property acquired under this subsection to any person, unless E= c:j such transfer is in the same manner as provided under section E: 104th) of the ' Uranium Mill Tailings Radiation Control Act of 1978. E n (5) The provisions of this subsection respecting transfer of title E: and custodv to land shall not apply in the case of lands held in == () trust by th'e United States for any Indian tribe or lands owned by
- d.
such Indian tribe subject to a restriction against alienation im- 4 5 25 posed by the United States. In the case of such lands which are E 9= used for the disposal of byproduct material, as defined in section 11 E.
- e. (2) or any low-level radioactive waste, the licensee shall be re- E quired to enter into such arrangements with the Commission as E::
may be appropriate to assure the long term maintenance and moni- E ag toring of such lands by the United States. r.
== 5
[c. Upon termination on any license to which this section ap- == i plies, the Commission shall determine whether or not the licensee E= g has complied with all applicable standards and requirements under Ei such license.] kb . . . . . . .
- c. No license to which this section applies mav be terminated k::
=
- K K. . . . . . . .
until the Commission has made a determination that the licensee lW; ;;=;;;gg l.] has complied with the requirements of subsection a. and any other ,W g applicable decommissioning and site closure requirements. ,.C",*:: . . . . . .
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una 52 9' u. uumm 2::= x.m.-. ... Sec. 84. Attruoarr1ES OF COMMISSION W ASTE.- f ny by RESPECTING CERTAINq
=
PRODUCT MATERIAL AND low LEVELi dRADIOACTIVE out m m:- m
== a product material, as defined hin section blic m.
11 e. (2), is ca > such manner as- _- I =. =- 7
==d (1) the Commission deems appropriate toE!"protect === t e puand the ...j health and safetbazards associated with the processing
=:::'and
~
E' nonradiological ! $!!! with the sssion with and tranfer general applicable of such material. standards promulgated =..; EEP (2) con by the Administrator of the Environmental . b h Com- p:. Protection
> 5:e' Agency '
under section 275, and Ey t e (3) conformr, to general requirements established h mission, with the concurrence of the Administrator, bl to re- : =p:ll. whic are,
- m. .
ihs: , to the maximum extent practicable, at least compara sy"d J
; ted disposal
.~
t
~ -
i n ~~T quirements applicable to the possession, transfer, anof s f" EL under the Solid Waste Disposal Act, as amended. ? _
- b. (1) The Commission shall insure dthat safety and the disposal of any low-2".:
- =:.
"R level sion deems radioactive appropriate to waste protect theispublic carried l hazardshealthas-an out y in such manner
!==
E= = the environment from radiological and nonradiologica l a T sociated with the possession and disposal of such l waste. == (2) The Commission mov provide for the disposald"E:. of low- - eve re .
- ~ - - -
dioactive waste at sites wfiich are located t the within Solid ,orY"adjacent * +.~-~-to: sites ~i . _ at which hazardous waste is disposed of pursuant . o i h Com- =hi: criteria promulgated underh htsection the Ad-the dis. E lE: 4004 that Act, mission determines, in consultation and coordination wit ministrator of the Environmental Protection Agency, d will 5". ta posal of lowlevel radioactive waste atdiit i nment. such sites f is feasible an ._ - not urduly endanger public health and safety or the tr? env ro (3) The Commisston may, in consultation with d regu.the A m n s ra o [ ; of the Environmental Protection Agency, promulgate rules %=i. an .Q:.:..9 '. ;l i lations designating concentrationsd or levels of activity for low-leve t dis. ? L radioactive waste which may be disposed ofin hazar l C of E= ous was e .G posal sites for which a permit has beenit yissued land.T under Subtit e
?
the Solid Waste Disposal Act or in sites classiped as san ar fills under criteria promulgated pursuant to!E-section 4004 of the #: Solid Waste Disposal Act. 4:ssection, the Com- [b] c. In carrying out its authority under this $1 . . - . . . mission is authorized to-(1) by rule, regulation, or order require persons, offi hstrumentalities exempted from licensingd under to :E section 81 o!p.i in.~ this Act to conduct monitoring, perform remedialEwork, an 3" E.e E comply with such other measures dE ==^ as9= it may deem EE r ;..
~~'
'"" ~2;.= .= ..R n property, and in connection with the disposal or storage===* ==
Lsuch byproduct material 3 material or waste i M c '= to which this ' ' ~
..i d t E
"=
tion appites; and(2) make such studies and inspections : and
.==.....:= to con uc su j" monitoring as may be necessarv F "" ""~
Any violation by any person [oth'erfother than thathe E United States?%;___ i _ any officer or employee of the United States or aL. .State]f the Unitt -
= . .. ":~;;;
the United States or a State or any offcer or employee o y
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- 53 ,
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States or a State) of any rule, regulations, or order or licensing pro- s . . . . . r-vision, of the Commission established under this section or section ~~~ 83 shall be subject to a civil penalty in the same manner and in the
~ ="~
same amount as provided in the case of violations subject to a civil
=
penalty under section 234 Nothing in this section affects any au- =
'~"
thority of the Commission . nder cny other provision of this Act. == = .::
'i . . . . . . . .,
CHArrtR 8. BYPRODUCT MATERIA 1. j E: Sec. 81. Domestic Distribution. Sec. El Foreign Distribution of Byproduct Material. =.= Sec. 83. Ownership and custody of certain byproduct material, low.letel radioactice 2.:.:.: waste. and disposal sites t Sec. S4. Authorities of Commission respecting certain byproduct material and low- s:. level radioactist waste. t -
=::
. . . . . . =.
y;
; .; =..::.:.
h,$ CHAPTER 14. GENERAL AUTHORITY
=W SEC.161. GrxenAL Paovisions.-In the performance of its fune- Ei:. En E!i ...=.
tions the Commission is authorized to- ll.i.' a.* _ . . . g.... E.
- x. Establish by rule. rerulation, or order, after public notice, and
~
E?. in accordance with the requirements of section 181 of this Act, '- -- - c such standards and instructions as the Commission may deem nec- ' P essary or desirable to ensure- =.: (1) that an adequate bond, surety, or other final arrangement (as determined by the Commission) will be provided, before ter- E "- mination of any' license for byproduct material as defined in Ei.i section 11 e. (2), or for disposal of low level radioactive waste, i;; ......
==
E by a licensee to permit the completion of all requirements es- E tablished by the Commission for the decontamination, site clo-sure, decommissioning, and reclamation of sites, structures, F= P l (^) N. and equipment used in conjunction with byproduct material as so defined. or used in conjunction with the disposal of such
=
=
! low-level radioactive waste, and }I.i l (2) the h4 l (A) in the case of any such license issued or renewed after the date of the enactment of this subsection, +he need 5:: l E:; for long term maintenance and monitoring of such sites, E structures and equipment after termination of such license will be minimized and, to the maximum extent practica. Ei ~ . . EE ble, eliminated; [and]h license for such material (whether C (B)in the case of eac E in effect on the date of the enactment of this section or E issued or renewed thereafter), if the Commission deter- == E=.== =.a. s=3 =3.y: -...;.. mines that any such long-term maintenance and monitor- =. ing is necessary, the licensee, before termination of any li-cense for byproduct material is defined in section 11 e. (2), will make available such bonding, surety, or other finan- c. =E sii ru;s cial arrangements as may be necessary to assure such ==- long-term maintenance and monitoring [.3: and - _ I E.. 5( I..
=
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~l (C)in the case of each license for datethe disposa of the d thereof.
en. o ======2==
==
radioactive actment of thiswaste subpamgmph(whether in effect or sssued long term on the or renewe== --
=4 1
ter), if the Commission determines or both, is necessary, .that theany licens- g=.
'==
maintenance or monitoring,he license, will make available E?;. "-. . . . ~~".=.=,
~
Ei? ===\ ee,before suc termination h bonding, of t surety, or other financial mainte.arrangements m;:- as . . . .
~~"
may be necessary,to assure the necessary i ion long T.T. term x nonce or monitoring, or both.
, ,=.~:=
Such standards and instructions promulgated d ex- 1 ;3 by the Comm ssun = .4 pursuant to this subsection shall take into acco . = -.. -- ::q ments which by the Commission, so as to avoid nciesunnecessary and/or pE "" duplication ::: : i an -- j pense, performance bonds l or other and L E:7 fmancial arrange Ei. I$"*-'::?
!&s ~::#
other local governing that nothing bodies for such h bonds or ar- %. site
' :. c:::::osuredecont
"~"
a.ma monitoring except h bonds or ar- ! E.'~ M construed rangements if the CommWon determines that suc g.; to require that the Commission accept suc[ "=subparagra
=;
rangements are not adegaate to carry out paragraphs (1) and (2) of this subsection. .
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ADDITIONAL VIEWS
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I support the Committee's decision to ren. ort H.R. 6890. As re-ported, the bill provides a useful vehicle for House consideration of 'l.5 ~ important nuclear waste management legislation prior to the end _"..: cf the 96th Congress. While the bill as reported does not speak to a ' - " number of significant nuclear policy issues that were addressed in jgi.":=:
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H.R. 6390 as introduced, I regard the opportunity for the House to gr.. === cet this year on nuclear waste legislation to be an overarching pri- Em . . . .
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crity. The remaining issues are set asMe only temporarily, and ... without prejudice, and will be at the top of the Committee's nucle- sa cr agenda in the 97th Congress. E Among the measures which have been deferred are major provi- E"E sions of H.R. 6390 which I believe, if enacted, would have had a substantial impact upon assuring that nuclear power plants were F di: safely built and operated. The accident at Three Mile Island and E: & the subsequent inquiries, which provided the impetus for H.R. 52 Ex::: :: a =: ()
' 6390, demonstrated that the nuclear regulatory process had been M ..
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overcome by complacersy born of a belief that reactors were de- 5 signed, built, and opermed so conservatively that major accidents 32 were not likel'v. We now know that the system that was supposed El to bring us safe reactors was seriously flawed. illl ...e . . . . . . .
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It seems to me, therefore, that at a minimum, if we were to pro- E" ceed with additional nuclear projects beyond those to which a com- === E mitment had been made, we should do so only after the current E-regulatory process had been reviewed and changes made where ap- Ei propriate. I proposed therefore the language in Section 101(b) of E= ~ H.R. 6390 which provides for a halt of up to three years duration in " issuance of nuclear reactor construction permits beyond those al- l' ~~ - - ready applied for. Under this provision, the Commission would be E: authorized to resume issuance of construction permits upon certify- En ing that certain steps had been taken to review and modify the R: existing regulatory scheme. If the Commission had not made the M. required certifications prior to the end of a three-year period, it s::. .:.a would nevertheless have been permitted to resume issuance of con-i struction permits unless the Congress extended the prohibition E fm
!') period. I included this three year limit in order that may proposal not be tantamount to an open-ended moratorium.
E: E.l I also proposed in Section 101(a) that for a period of three years En the Commission itself, rather than the staff, issue Operating Li- if' censes for completed reactors and that such licenses be issued only iT upon Commission certification that the recommendations of the Er major Three Mile Island inquiries, as deemed appropriate by the = Commission, had been taken into account in the conditions at- EE tached to the Operating License. EE While the Committee did not act on Section 101, I believe its pro- k visioas to have been important and I believe that the NRC should, i: in any event, initiate the reviews required by Section 101(b) and E :. . .......
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make the certifications required by Section 101(at The Commission E!:.. has, in fact assumed responsibility for making decisions regarding "E= R::="i:. . . . . . E : r ;;p F" Operating Licenses and I hope it will continue this commendable r. . . . . . course until public confidence in nuclear regulation has increased "~~ substantially over its present level. L mg:,
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DEVE1hPMENT OF A SAFETY i be devel- OsiEctrvE-a--a2== ~ . . _ . . .1 .
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I believe also that it is important that a safety object veAct. .".5 [r While
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and incorporated o ective will necessarily be imprecise, into the Atomic it Enek be a benchmark d among the public e.de-gt= h= M=:"i g~-"1 by at large,l EE- .c. m
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may make judgments as to whether speci c puld aH.R. 6390 :
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required the c==.~...... mum safety requirements. h Section atter This is an-103 ofNRC L.~ =.. ~'E":!.. -. .........:::"Lm to develo "*
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use as a basis for its own deliberations it t r on t e m did not consid other element of H.R. 6390 that the Comm= t~eeand " . . - . it is RESPONFIBn.J IES OF fNRC AND FEMA 26 ...:.. "Y ll onsidered -~ . - > . . .-
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i of the Another issue addressed by H.R. 6390, but neversuff .u 3- y c "'W by the Committee, is the need d the dfor Federal a statutory to radiological Emer- clarificat on ' . =". ' authority and responsibility of both NRC an . section
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gency Management Agency (FEMA) h icinity with of licensed regarision .-+-.i_ in emergency planning and preparedness i in t e v -.-_ oz " 5 ' =~102 =' r = nuclear power plants. The inclusion doftions th lsof dprov the Presi-(Kemeny 7 ..._ . of H.R. 6390 was responsive to the recommen a able ~ ~ = ."~~ - -r f dent's Commission). Commission Testimony or.onthe thisAccident provision Chairman at Three Mile Is an h Subcom- was generally avor
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during Subcommittee hearings on the bill. When - - mittee's March 18,1980 hearing, l of FEMAhe said:We w.m.g (the N ,~- - NRC a that would clearly specify the respective ro es ^ and NRC in emergency response planning. bf Similarly, when12,1980, FEMA he Administrator stated: John Macy testified e ore the Subcommittee on May hips clarify the legal basis for ongoing l i has and future W are a with NRC should be pursued. - The need for such legislation has increased in the On one hand, time that
'm e passed since H.R. 6390 was introduced last January.i g and conflictin the Disaster questions have been raised regarding d overlapp Act of 1954 n authority and responsibility betweenhFEMA nt oftun er a seri- ~
Relief Act of 1974) and NRC (under h hand, concerns-
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ous accident at a nuclear power plant. On the ot er ~ have been raised about the creation l of " regulatory gapsg ncy planni result of the delegation by NRC of radiologica his time, emer and eto the job. I. responsibilities to FEMA before that agency is up regret our inability to deal with this issue at t - -
.- y intend to introduce similar legislation next year.
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PRICE ANDERSON REronx ~ - - - - 1 f._ ' Another area that I am deeply concerned about :-is the Price- - derson Act. The present Act sets' 1957, a limit was on an liability for nuclear :.. i indica "-r a cidents of $560 million. This amount, _established . $. 5 - =: .:n ~inc
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th;t the $500 million Federal indemnity figure was chosen in an :r= eE: 5."
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nuclear accident and yet not significantly disrupt the budget for . . . . . . .
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that year. r. Now, more than 20 years later, the $560 million limit remains in " plrce. Studies indicate that the original $560 million amount, if ad. F= justed for inflation only, should be $1.4 billion. Revised reports also = conclude that potential damages from a nuclear accident may be E much greater than we had previously assumed. Given the experi. 5= cnce at TMI and the preliminary reports on claims paid from that Er === incident, I believe that both the concept of limited liability and the E" , d:llar amounts provided should be re-examined. si: E NEro ron Powra r
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Section 302 of H.R. 6390 as introduced recognized that state gov. E?.i crnments, and not the NRC, are the most appropriate bodies for de- - $7: whether or not there exists a need for power. This provi- T .:::
,( -) termininfd cion wou have amended the Atomic Energy Act of 1954 to prohib- sR E
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cxists for the power from the proposed facility. In my view, such a E z. _ . provision would enhance the nuclear siting and licensing process. I E:i miend to bring the matter before the Committee next year. E :: Pusuc PARTICIPATION FUNDING E. E= As introduced, section 301 of H.R. 6390 would have amended the b Atomic Energy Act of 1954 to create a public participation funding EE program to assist qualified intervenors in the Commission's rule- ' making proceedings. I included this provision in the bill because I 0 ~ ~ ~ - - . - - - - - - . believe the establishment of such a program will help assure that L: the Commission compiles detailed and diverse views before making g;; regulatory decisions on major issues affecting large numbers of g; people. T'he concept still has merit and should be considered fur- g;; ther. 5.: gp
.- STANDARDIZED NUCLEAR Powra PLANTS 5:
# One important matter not addressed in H.R. 6390 was the ques- E:-
tion of standardized nuclear power plants. Many suggestions have E:- been made along the lines that reactors would be safer if there i were less diversity in design. Less diversity would allow limited Ei analytical resources to be applied in more thorough analysis of a h small number of designs than is currently feasible in the . resent p.. situation where there is so much variation from one plant to the E next. Furthermore, if there were less diversity in design, it would E. be possible for industry to develop more sophisticated training pro- E cedures for reactor operators. Finally, utilities could have more E confidence in the safety and reliability of such plants and in their 5 ability to pass through the licensing process with relatively low == likelihood of encountering unexpected obstacles. In light of the po. EE .u. u; .=.u- 2;.,
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tential benefits of standardization, Congressman Symms and Sena- p:1 :::: .:E tors Hart and Simpson joined me in requesting th'e Office of Tech- r nology Assessment to undertake a study of reactor standardization, ; .y
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This study is now underway and will be available to us as we con- E. sider next year whether we should enact legislation which would F mandate standardization or establish incentives that would encour- E age the industry to move in this direction.
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ADDITIONAL VIEWS .=.=.===
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ROLE OF THE STATES the .. .
"~" . . . . . " " " ' : = .m a l E This bill does not contain adequate provisions guaranteeing ar =~._ .. . . ~ "' ~ "~
States will fully panicipate with the Federal Government in -se ect it E - i. "~~ --- - . . ... _9 ing and licensing nuclear waste disposal sites. g'.. Q Congressman Kostmayer proposed ii both Houses i requ withinin the m _" ~".=h.-- Interior "= Comm - - .._.- t ee,
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and will do so again on ess to override a State's objections to a waste the floor, language r ng 'E d *-s te _ . - . .1__~ of Con m ZJT." ;.r its An rs. bo identical amendment, which was offered i theld F = D: to=the ". "
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Technology Committee's version of waste legislation, failed
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Interior Committee by a vote of 21 to 20. The amendment wou " to block the deci ~ ~ * ~ allow an affected State to petition the th Conlicensing of aof waste *-~.@T ~." ~._ "---. _,1~f;' .g sion of DOE and the President to proceed h burdenidden, which h.- . . _.._.. dem- _ e r-site. The Federal Government would d bethen gw. have t eonstra
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would require a concurrent resolution DOE. of ===Er disapproThe '-
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This in turn would help to insure the f itstechnical imple-- soundness . C'L _._ o t=- e " siting proposal and the political support necessary =.._.:: -9:3".=';17.:n-or W~ .r3 _;._.:. ~ ~' ,c - 4._ ' w .: ::r!="= _ 2 0 In fact, the two-house override hich mentation. was wasendorsed estab-i by the State Plan-
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ning Council on Radioactive Waste Management, w %- lished byissues, the President especially relatedearlier institutionalthis decisions. ~year
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ment and dis dopted a resolution of policy on September 8,1980, - __".1 -I -
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. . . If a State's objections to a decision to s e aan acte n
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explicit Presidential determination decision to and ~ .= affirmat l~7_ _ -- . .~veby ___ objections. If an affected Tribe's o be ections to ain a mutually " '
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tory manner, an Act of Congress wouldoverride Nd'55$$~.=E CJr . - ~ _.Z these ~=2c This is not a case of the Congress, tthrough lkin he- a legislative ve '7 ~ d of the eca*- = =; '- ' '.' "% - overturning )an agency's rules and regulations. We are a
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ing a State's objections to selection House ~ ~ E'T of a wast ngress that its objections to a waste itimate.' - J - site *~~--=c-- were legat _ =_f" ' '-~- =~' =~a.r-~- " project We also would proceed expect thatover the State's when the bill objections. is f therconsidered _. ,__ _b 2on 2 " the ~. ;=i== - D :.. .= - - amendments strengthening the role of the States even ~-i:--Z-@ f.J urd ;'=LFor example, ~" C _:=. w~~. < the Kostmayer amendment will be offere .
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2: 4:Eii feet, this has been the position of the National Governors Associ.T:::' " =" Esi: ttion (NG A) for the past two yc~ m. W Together with the detailed procedures for State panicipation E .......-"- th:t the bill already.contains, the amendment offered by hir. Kos - =. mayer is the only way to insure that the States' role will be mean- s:, ingful and constructive, and not perfunctory. By -5..."providing theState G 9 wtste, and at the same time preserving the right of Congress tooverri .
!=ili concerns will be maintained. PrTER H. KoSTMAYER. 55 ,,;
EDWARD J. hiARKEY. $p.E hi!CKEY EDWARDS. ! RAY KOGOVSEK. Bos WarrrAKEa. E7? ~ (q f. J!M SANTINI. PAT WILIIAMS, b'.I =IIIIII-
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GEORGE hi!LLER. ~ BOB KASTENMEIER. E5 PHILLIP BURTON. Ein BRUCE F. VENTo. Ei:: JERRY HucKABY. iE RON hTARLENEE. _:::.
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