[Senate Treaty Document 106-48]
[From the U.S. Government Publishing Office]
106th Congress Treaty Doc.
SENATE
2d Session 106-48
_______________________________________________________________________
JOINT CONVENTION ON THE SAFETY OF SPENT FUEL AND RADIOACTIVE WASTE
MANAGEMENT
__________
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
transmitting
THE JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE
SAFETY OF RADIOACTIVE WASTE MANAGEMENT, DONE AT VIENNA ON
SEPTEMBER 5, 1997
September 13, 2000.--Convention was read the first time, and together
with the accompanying papers, referred to the Committee on Foreign
Relations and ordered to be printed for the use of the Senate.
__________
U.S. GOVERNMENT PRINTING OFFICE
79-118 WASHINGTON : 2000
LETTER OF TRANSMITTAL
----------
The White House, September 13, 2000.
To the Senate of the United States:
I transmit herewith, for Senate advice and consent to
ratification, the Joint Convention on the Safety of Spent Fuel
Management and on the Safety of Radioactive Waste Management,
done at Vienna on September 5, 1997. Also transmitted for the
information of the Senate is the report of the Department of
State concerning the Convention.
This Convention was adopted by a Diplomatic Conference
convened by the International Atomic Energy Agency (IAEA) in
September 1997 and was opened for signature in Vienna on
September 5, 1997, during the IAEA General Conference, on which
date Secretary of Energy Federico Pena signed the Convention
for the United States.
The Convention is an important part of the effort to raise
the level of nuclear safety around the world. It is companion
to and structured similarly to the Convention on Nuclear Safety
(CNS), to which the Senate gave its advice and consent on March
25, 1999, and which entered into force for the United States on
July 10, 1999. The Convention establishes a series of broad
commitments with respect to the safe management of spent fuel
and radioactive waste. The Convention does not delineate
detailed mandatory standards the Parties must meet, but instead
Parties are to take appropriate steps to bring their activities
into compliance with the general obligations of the Convention.
The Convention includes safety requirements for spent fuel
management when the spent fuel results from the operation of
civilian nuclear reactors and radioactive waste management for
wastes resulting from civilian applications.
The Convention does not apply to a Party's military
radioactive waste or spent nuclear fuel unless the Party
declares it as spent nuclear fuel or radioactive waste for the
purposes of the Convention, or if and when such waste material
is permanently transferred to and managed within exclusively
civilian programs. The Convention contains provisions to ensure
that national security is not compromised and that Parties have
absolute discretion as to what information is reported on
material from military sources.
The United States has initiated many steps to improve
nuclear safety worldwide in accordance with its long-standing
policy to make safety an absolute priority in the use of
nuclear energy, and has supported the effort to develop both
the CNS and this Convention. The Convention should encourage
countries to improve the management of spent fuel and
radioactive waste domestically and thus result in an increase
in nuclear safety worldwide.
Consultations were held with representatives from States
and the nuclear industry. There are no significant new burdens
or unfunded mandates for the States or industry that should
result from the Convention. Costs for implementation of the
proposed Convention will be absorbed within the existing
budgets of affected agencies.
I urge the Senate to act expeditiously in giving its advice
and consent to ratification.
William J. Clinton.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, July 13, 2000.
The President,
The White House.
The President: I have the honor to submit to you the Joint
Convention on the Safety of Spent Fuel Management and on the
Safety of Radioactive Waste Management, done at Vienna on
September 5, 1997. Accompanying this Report, for the
information of the Senate, is an Article-by-Article analysis of
the Convention. I recommend that this Convention be transmitted
to the Senate for its advice and consent to ratification.
This Convention is an important part of the efforts to
raise the level of nuclear safety around the world. The
Convention on Nuclear Safety (CNS), to which the United States
became a Party on July 10, 1999, applies only to civilian
nuclear power installations. Other nuclear facilities, spent
fuel, and fuel-cycle activities are not covered under the CNS.
The Preamble of the CNS does, however, recognize the need to
develop a waste convention and contains a preambulary statement
affirming a commitment by the Parties to develop a similar
convention on the safe management of radioactive waste.
To this end, a Group of Experts was constituted from
approximately 50 countries to prepare a draft convention on
spent nuclear fuel and radioactive waste. From 1995 to 1997,
the International Atomic Energy Agency convened seven meetings
of the Group in which the United States participated. A draft
text was completed in March 1997 and submitted for review by
the Board of Governors at its June 1997 meeting. The Board
subsequently authorized the Director-General to convene a
Diplomatic Conference in Vienna. The Joint Convention on the
Safety of Spent Fuel Management and the Safety of Radioactive
Waste Management was adopted on September 5, 1997. Secretary of
Energy Pena signed the Convention for the United States on that
date.
The Convention will enter into force 90 days after 25
states have ratified the Convention, 15 of which must have one
operational nuclear power plant. A Preparatory Meeting is to be
held no later than six months after entry into force. The first
Review Meeting is to be held no later than 30 months after
entry into force. The interval between review meetings is not
to exceed three years. To date, the Convention has been signed
by 41 countries and ratified by 15 countries. Of these 15
countries, 10 are states with at least one operational nuclear
power reactor.
Structured similarly to the CNS, the Convention establishes
a series of broad commitments with respect to the safe
management of spent fuel and radioactive waste. The Convention
does not delineate mandatory standards the Parties must meet,
but instead Parties are to take appropriate steps to bring
their activities into compliance with the obligations of the
Convention.
Under the Convention, Parties will submit periodic national
reports on the steps that they are taking to implement the
obligations of the Convention. These reports will be reviewed
and discussed at Review Meetings of the Parties, at which each
Party will have an opportunity to discuss and seek
clarification of reports submitted by other Parties. Although
not reflected in the Convention text, as currently proposed the
Parties are to be organized into subgroups of five to seven
countries. The United States will be assigned a group and will
have the opportunity to review national reports of other
countries assigned to this group. Parties also can comment on
national reports of countries not in their review group.
The U.S. national report form and structure will be closely
modeled after the national report submitted for the CNS. As
required under the Convention, the report will include, inter
alia, the U.S. legislative and regulatory framework, spent
nuclear fuel and radioactive waste inventory data (from
currently available Federal Government databases) and a listing
of types of existing and proposed facilities, whether Federal,
State, or private. The United States believes its management
and safety practices meet all Convention commitments.
The Department of Energy is the lead agency for preparation
of the report in coordination with the Nuclear Regulatory
Commission, the Environmental Protection Agency, and the
Department of State. An interagency working group was
established for the purpose of coordinating Convention
activities.
The scope of the Convention includes safety requirements
for spent fuel management when the spent fuel results from the
operation of civilian nuclear reactors; radioactive waste
management resulting from civilian applications; disused sealed
sources no longer needed; operational radiation protection;
management of nuclear facilities; decommissioning; emergency
preparedness; a legislative and regulatory framework; and
transboundary movement. It does not include naturally occurring
radioactive materials (NORM), unless a Party declares it as
radioactive waste for the purposes of the Convention.
The scope of the Convention does not apply to a Party's
military radioactive waste or spent nuclear fuel unless the
Party declares it as spent nuclear fuel or radioactive waste
for the purposes of the Convention.
The Convention would apply to military radioactive waste
and spent nuclear fuel if and when such material is permanently
transferred to and managed within exclusively civilian
programs. The Convention contains provisions to ensure that
national security is not compromised and that Parties have
absolute discretion as to what information is reported on
material from military sources. In the United States, all
military radioactive waste and spent nuclear fuel is normally
transferred to civilian programs for disposal. The Convention
will not, therefore, affect ongoing U.S. military operations in
any way, nor will classified information be covered in the U.S.
national report.
As does the CNS, this Convention encourages broad
participation through its elaboration as an incentive process,
under which Parties take appropriate steps to bring their
activities into compliance with the obligations of the
Convention. The goal is that over time, through processes of
self-improvement, acceptance of the obligations under the
Convention, and periodic reviews of their Convention-related
activities, all the Parties will attain a higher level of
safety with the management of their spent fuel and radioactive
waste.
As a Party to the Convention, one delegate and any other
alternates, experts, or advisers as is deemed necessary may
represent the U.S. Government. The U.S. Delegate will be a
representative of the Department of State. U.S. Alternate
Delegates will be representatives of the Department of Energy,
the Nuclear Regulatory Commission, and the Environmental
Protection Agency.
The Department of Energy estimates costs for preparing the
U.S. national reports to be $200,000 forfiscal year 2000 and
$200,000 incurred annually thereafter. Costs will be absorbed within
the existing Department of Energy budget. The Nuclear Regulatory
Commission costs are not expected to be substantial and can be absorbed
within the existing budget. The Environmental Protection Agency expects
costs to be minimal and can be absorbed within the existing budget.
Consultations were held with the representatives from
States, industry, and the U.S. Congress. There are no
significant new burdens or unfunded mandates for the States or
industry that should result from the Convention.
No implementing legislation will be necessary for the
United States to comply with its obligations under the
Convention.
The Department of Energy, the Nuclear Regulatory
Commission, and the Environmental Protection Agency join the
Department of State in recommending that the Convention be
transmitted to the Senate with a view to receiving its advice
and consent to ratification at the earliest possible time.
Respectfully submitted,
Alan Larson.
Enclosure: As stated.