[Congressional Record Volume 140, Number 19 (Monday, February 28, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
INTRODUCTION OF THE FEDERAL NUCLEAR FACILITIES LICENSING AND REGULATION 
                                  ACT

                                 ______


                         HON. RICHARD H. LEHMAN

                             of california

                    in the house of representatives

                       Monday, February 28, 1994

  Mr. LEHMAN. Mr. Speaker, for nearly half a century, the Department of 
Energy and its predecessors have operated nuclear weapons and nuclear 
energy research and development facilities without having to answer to 
any outside entity for the safety of those facilities. As a consequence 
of that arrangement, the Federal nuclear complex today is an almost 
inconceivable environmental mess. Estimates of the eventual cost to 
clean up those facilities have ranged as high as $500 billion.
  Today, George Miller, Phil Sharp, Peter DeFazio, and I are 
introducing a bill that will end the era of DOE self-regulation under 
the Atomic Energy Act. The Federal Nuclear Facilities Licensing and 
Regulation Act will make DOE accountable to outside regulation for its 
nuclear activities in the same way the agency is accountable for its 
hazardous waste and air quality activities under RCRA and the Clean Air 
Act.
  Under the Atomic Energy Act, commercial nuclear facilities are 
licensed and regulated by the Nuclear Regulatory Commission, or for 
some nuclear materials users by the States under agreement with the 
NRC. Only the Department of Energy has been generally exempt from this 
regulatory regime.
  There have been several exceptions to DOE's self-regulating status 
under the Atomic Energy Act. Spent nuclear fuel and high-level 
radioactive waste management facilities, such as repositories and 
interim storage facilities, must be licensed by the NRC. This is the 
case with respect to military wastes as well as wastes from the 
commercial nuclear power industry. In addition, demonstration nuclear 
powerplants must also be licensed by the NRC under the Energy 
Reorganization Act of 1974.

  The Waste Isolation Pilot Plant Land Withdrawal Act of 1992 made that 
facility for defense transuranic wastes subject to regulation by the 
Environmental Protection Agency under the Atomic Energy Act. Finally, 
the Energy Policy Act of 1992 made the uranium enrichment plants of the 
new U.S. Enrichment Corporation subject to regulation by the NRC.
  The trend away from DOE self-regulation is clear. It has even been 
accelerated by Energy Secretary Hazel O'Leary's admirable decision to 
voluntarily submit the agency's facilities to regulation by OSHA.
  The bill we are introducing today simply seeks to finish the job. 
After decades of questionable environmental stewardship, DOE's 
credibility on the question of safety is nearly nonexistent. Secretary 
O'Leary's ``openness'' initiatives should go a long way to improve that 
situation, but we believe independent regulation will be necessary to 
assure that cleanup and safe continued operation of these facilities is 
possible.
  The bill would immediately impose a requirement that any new Federal 
nuclear facilities be subject to licensing and regulation by the NRC. 
Facilities that do not yet exist will clearly be easier to regulate. 
For the much more difficult problem of existing facilities, the bill 
creates a Presidential blue ribbon commission to study the options and 
make recommendations for further congressional action in 18 months.
  As chairman of the primary subcommittee with oversight responsibility 
over the NRC, I am determined to work to ensure that the new role we 
give that agency in this bill does not adversely affect the 
Commission's existing responsibilities to regulate commercial nuclear 
facilities. The Commission will clearly require additional resources to 
accomplish its new responsibilities under this act.
  We understand fully that this is a very big initiative that will 
involve numerous committees on both sides of the Congress and require 
close cooperation with the administration to do the job right. We are 
getting a cautiously positive initial response from the administration 
about the fundamental concepts and approach embodied in the bill. There 
will no doubt need to be considerable debate about the details.
  We are conscious that the Department's ongoing internal regulatory 
efforts cannot be put on hold while this debate on outside regulation 
proceeds. We will work closely with the Department to ensure that no 
such undesirable consequences occur.
  We believe the fundamental goals of this bill will inevitably be 
achieved, and the sooner the better. We are committed to begin this 
debate now and to see it through to conclusion. My Subcommittee on 
Energy and Mineral Resources will hold hearings on the Federal Nuclear 
Facilities Licensing and Regulation Act beginning next week.
  I urge my colleagues to join with us in support of this bill to end 
DOE self-regulation of its nuclear facilities.
  

                          ____________________