[Congressional Record Volume 140, Number 69 (Tuesday, June 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   TWO RESOLUTIONS ADOPTED BY THE NATIONAL ASSOCIATION OF REGULATORY 
                             COMMISSIONERS

 Ms. MOSELEY-BRAUN. Mr. President, I rise today to bring to my 
colleagues' attention two important resolutions adopted by the National 
Association of Regulatory Commissioners [NARUC] regarding our Nation's 
spent nuclear fuel management program.
  Our Nation's 109 nuclear reactors are currently storing 25,000 tons 
of spent nuclear fuel on-site in spent fuel pools and dry cask storage 
systems all across the United States. With more nuclear reactors than 
any other State, Illinois alone is currently storing 3,500 tons of 
spent nuclear fuel.
  Mr. President, the Nuclear Waste Policy Act of 1982 requires the 
Department of Energy [DOE] to site a permanent high-level nuclear waste 
repository by 1998. While the Department of Energy is currently 
investigating the suitability of the Yucca Mountain site in Nevada, it 
is critically behind schedule in meeting its 1998 deadline.
  In order to support these suitability studies for our Nation's spent 
nuclear fuel management program, the Nuclear Waste Policy Act requires 
utility ratepayers to contribute to the Nuclear Waste Fund. To date, 
Illinois ratepayers have deposited more than $1.1 billion into this 
fund through higher electric bills. Collections from ratepayers 
nationwide have totaled more than $7.6 billion. However, since the 
Federal Spent Nuclear Fuel Management Program is governed by rules 
regarding budgetary outlays, there is currently a $4 billion surplus in 
the Nuclear Waste Fund.
  On November 18, 1994, I wrote to President Clinton expressing my 
concerns over the progress of our Nation's Spent Nuclear Waste 
Management Program and my support for Secretary O'Leary's efforts to 
use funds in the Nuclear Waste Fund to support this program in a timely 
and efficient manner.
  Mr. President, utilities and ratepayers are concerned about the 
program's delays for two very important reasons. First, 23 nuclear 
plant sites will have exhausted their existing spent nuclear fuel 
storage capacity by 1998; 73 by 2010. Utilities and ratepayers are also 
concerned because they will be asked to pay twice for the disposal of 
nuclear waste if the Department of Energy fails to meet its 1998 
deadline--first through contributions to the Nuclear Waste Fund, and a 
second time through higher electric rates for the construction of 
temporary on-site spent fuel storage facilities.
  This issue is simply about equity and responsibility. The Nation's 
utilities entered the nuclear energy era with the promise that the 
Federal Government would take responsibility for ensuring the ultimate 
disposal of spent nuclear fuel. Electric utility customers have 
fulfilled their part by contributing to the Nuclear Waste Fund. It is 
time for the Department of Energy to meet its responsibilities outlined 
in the Nuclear Waste Policy Act of 1982.
  Mr. President, I would like to conclude my remarks by urging my 
colleagues to heed NARUC's advice and ensure that the Nation's Spent 
Nuclear Fuel Management Program moves forward expeditiously.
  I ask that the NARUC resolutions be printed at this point in the 
Record.
  The resolutions follows:

 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 storage 
     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.
                                  ____


   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 for 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 
     manager 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 utility 
     commissioners, utility chief executive officers, an 
     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.

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