[Congressional Record Volume 140, Number 62 (Wednesday, May 18, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                  HIGH-LEVEL NUCLEAR WASTE MANAGEMENT

                                 ______


                         HON. J. DENNIS HASTERT

                              of illinois

                    in the house of representatives

                        Wednesday, May 18, 1994

  Mr. HASTERT. Mr. Speaker, with respect to the issue of high-level 
nuclear waste management, the clock is ticking and the time for a 
solution is now.
  A dozen years ago, Congress directed the Department of Energy, in the 
Nuclear Waste Policy Act, to develop a solution for the safe management 
of spent nuclear fuel from the commercial nuclear power plants that 
produce 20 percent of our electricity.
  Among other measures, the above legislation stated that, in return 
for payment of fees by customers of the electric utilities that operate 
nuclear power plants, the Secretary of Energy would, beginning in 1998, 
have a mechanism for environmentally-safe, cost-effective disposal of 
spent nuclear fuel.
  To date, only the customers of nuclear utilities who have paid almost 
$8 billion into the Nuclear Waste Fund have met their obligation. The 
Department of Energy has fallen short of satisfying its part of the 
agreement. In fact, under the best case scenario, the Department is at 
least 16 years away from being ready to receive spent fuel shipments at 
the proposed Yucca Mountain, Nevada site.
  Energy Secretary Hazel O'Leary has recognized that the Federal 
Government has a moral obligation to meet this 1998 responsibility and 
is looking at options to meet this challenge. This simply is not 
enough.
  Clearly, one plausible solution is the establishment of Federal or 
private sector interim off-site spent fuel storage capacity. This 
particular measure has recently been endorsed in a pair of resolutions 
adopted by the National Association of Regulatory Utility Commissioners 
[NARUC]. Indeed, this organization obviously has a major stake in the 
stewardship of ratepayer monies.
  The State utility commissioners have gone on record in favor of the 
Federal Government initiating a serious effort to locate an interim 
storage facility. Mr. Speaker, I applaud this initiative and encourage 
Secretary O'Leary to take decisive action in this direction to 
translate her moral obligation into tangible steps that can restore 
confidence in the ability of the Nation to deal with this issue in a 
straightforward and meaningful way.
  However, notwithstanding my support for the above resolutions, I 
believe that it is essential that neither Congress nor NARUC allow an 
interim facility to divert our attention and efforts from our primary 
endeavor--to establish Yucca Mountain as the permanent repository for 
the permanent disposal of spent fuel. We must not condone, whether 
directly or indirectly, continued delays involving this site. To be 
sure, Mr. Speaker, with respect to spent nuclear fuel management, the 
future is now, not later.
  In conclusion, I request that the NARUC resolutions be printed in the 
Congressional Record.

 Resolution To Encourage the Development of Private Temporary Storage 
                               Facilities

       Whereas, The United States Department of Energy (DOE) has 
     the responsibility to dispose of spent nuclear fuel generated 
     by utilities in their domestic nuclear power reactors; and
       Whereas, The DOE has the responsibility to accept title to, 
     transport and dispose of the spent nuclear fuel generated by 
     utilities beginning not later than January 31, 1998; and
       Whereas, The National Association of Regulatory Utility 
     Commissioners (NARUC) believes the DOE will not develop a 
     Federal high-level nuclear waste repository or facility for 
     the storage of spent nuclear fuel which would be operational 
     by January 31, 1998; and
       Whereas, Without an operational repository, utilities are 
     required to provide for additional temporary spent nuclear 
     fuel storage at significant cost to the nuclear electric 
     utility and their ratepayers; and
       Whereas, The Mescalero Apache Nation, the New Corporation 
     and other parties are interested in developing a temporary 
     facility for the storage of spent nuclear fuel; and
       Whereas, The DOE and the Congress has discontinued funding 
     of the efforts of local government entities, including the 
     Mescalero Apache Nation, to develop a Federal Monitored 
     Retrievable Storage facility; and
       Whereas, Despite the termination of funding by the Congress 
     and the DOE, the Mescalero Apache Nation, and New Corporation 
     and other parties continue to express their readiness to 
     negotiate a voluntary siting agreement for an MRS as outlined 
     in the 1987 amendments to the Federal Nuclear Waste Policy 
     Act and maintain an interest in developing such a temporary 
     storage facility; now, therefore, be it
       Resolved, By the Executive Committee of the NARUC, convened 
     at its 1994 Winter Committee in Washington, D.C., that it 
     supports the nuclear electric utility industry working to 
     review the development and operation of a private temporary 
     storage facility for spent nuclear fuel; and be it further
       Resolved, That the NARUC urges DOE to advocate restoration 
     of Phase II-B funding for prospective volunteer jurisdictions 
     and if necessary to transfer funds from the site 
     characterization effort for a permanent repository for this 
     effort; and be it further
       Resolved, That DOE increase its efforts in assisting with 
     the development of private facilities; and be it further
       Resolved, That the NARUC Executive Committee adopts the 
     following principles;
       1. High-level radioactive waste management is the 
     responsibility of this generation;
       2. Health, safety and minimization of environmental impact 
     are the overriding priorities in managing civilian nuclear 
     waste with other important considerations including: 
     geographical equity, public acceptance, and cost 
     effectiveness;
       3. The Department of Energy has a responsibility to take 
     title to and remove spent fuel from reactors beginning in 
     1998;
       4. Consistent with global scientific consensus and 
     Congressional mandate, deep geologic disposal of spent fuel 
     should continue as the ultimate objective of the federal 
     government's civilian nuclear waste management program;
       5. Compensation alone would not satisfy the Department of 
     Energy's obligation to remove spent fuel from reactor sites;
       6. Even though central Department of Energy interim spent 
     fuel storage facilities may be available, subject to the 
     above principles, each utility should have the option to 
     pursue storage on-site or elsewhere should it be more 
     desirable to do so; and be it further
       Resolved, That the NARUC Executive Committee adopts the 
     following recommendations:
       1. The Federal government needs to establish interim off-
     site spent fuel storage capability to allow the Department to 
     take title to and remove spent fuel from reactor sites 
     starting in 1998;
       2. The voluntary process, including both the public and 
     private efforts for locating interim storage facilities, 
     should continue;
       3. The Federal government should initiate a serious effort 
     to locate an interim storage facility on Federal or private 
     property;
       4. The Department of Energy should increase the planned 
     rate of acceptance of spent fuel from reactors and Congress 
     should increase the capacity limit of interim spent fuel 
     storage facilities in order to efficiently and effectively 
     accommodate actual interim storage needs;
       5. The Department of Energy should take immediate action to 
     ensure that the necessary infrastructure (such as 
     transportation capability) exists and will be available to 
     support the acceptance of spent fuel for interim storage in 
     1998;
       6. The Nuclear Regulatory Commission should be asked to 
     review its regulations, and implementation of those 
     regulations, for safety, added value, and to ensure the cost 
     effectiveness of interim storage facilities; and be it 
     further
       Resolved, That this resolution be communicated to the 
     United States Congress and to the Secretary of Energy along 
     with a copy of the dialogue report.
       Sponsored by the Committee on Electricity, Adopted March 2, 
     1994

   Resolution Regarding the NARUC Dialogue on Spent Fuel Management 
                      Concluded February 25, 1994

       Whereas, Approximately 20% of the United States electricity 
     is generated using nuclear energy; and
       Whereas, The major by-product of nuclear generation is 
     spent nuclear fuel, which has been produced and stored in 
     storage pools at over 70 commercial reactor sites; and
       Whereas, Most reactors do not have sufficient pool storage 
     capacity to accommodate all of the spent nuclear fuel; and
       Whereas, Congress, in the Nuclear Waste Policy Act of 1982, 
     directed the Department of Energy to develop a system to 
     manage commercially-generated spent fuel by 1998, in exchange 
     for electric utility ratepayers payments into the Federal 
     Nuclear Waste Fund; ratepayers will have paid $10 billion by 
     1998; and
       Whereas, While the Department of Energy is making progress 
     toward the establishment of a repository, such repository is 
     not expected to become available until 2010 or later, 
     therefore, the Subcommittee on Nuclear Issues-Nuclear Waste 
     initiated a dialogue of stakeholders including commissioners, 
     utility chief executive officers, and environmentalist, a 
     representative of the State of Nevada, and a representative 
     of the scientific community in Nevada; and
       Whereas, The dialogue was initiated to develop a consensus 
     on how best to deal with interim storage of spent nuclear 
     fuel, given the existing political structure; and
       Whereas, The dialogue produced a report dated February 25, 
     1994 which included minority reports from the State of Nevada 
     and the environmental representative; and
       Whereas, It is the intent of the NARUC to continue 
     discussions with interested parties regarding implementation 
     of specific recommendations and legislative changes required; 
     now, therefore, be it
       Resolved, That the Executive Committee of the National 
     Association of Regulatory Utility Commissioners (NARUC), 
     convened at its 1994 Winter Committee Meetings in Washington, 
     D.C. accepts the report of the NARUC Dialogue On Spent Fuel 
     Management presented to this body by the Standing Committee 
     on Electricity; and be it further
       Resolved, That the operation of a private temporary storage 
     facilities does not obviate the need for DOE to meet its 
     responsibility to begin accepting fuel from utilities in 
     1998.
       Sponsored by the Committee on Electricity, Adopted March 2, 
     1994.

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