EM UPDATE
Frank Marcinowski, Deputy Assistant Secretary, U.S. DOE-EM

EM reorganization to add acquisition management focus.  New Deputy Assistant Secretary for Acquisitions and Project Management (EM-50), Jack Surash.

Marcinowski working on regulatory compliance and waste disposition.

Other areas of focus:
- Human capital
- Engineering
- Budget
- Safety

Assistant Secretary James Rispoli's five priorities:
- Safety
- Acquisitions management
- High performance (grading with green, yellow, red color-coded system).  Goal is 90 percent on-time, on-budget through better project mgmt - now below 50 percent. 
- Human capital management - want to hire more young interns (currently EM has 240 employees at headquarters).
- Feedback mechanisms

DOE had previously made cleanup promises they couldn't deliver on - so are now reassessing capabilities.

TRU and other waste disposition:
- 25 percent of transuranic (TRU) waste at the Waste Isolation Pilot Plant (WIPP) in New Mexico.
- Expect the transfer of all TRU waste from Idaho National Laboratory (INL) by 2014-2015.
- Working on strategies for coordinating TRU and low-level waste (LLW) with all waste movement planning.
- A website will soon be available with disposition maps for all waste streams. http://wims.arc.fiu.edu/WIMS/

Current interests/activities:
- Depleted uranium packaged and liquid waste tanks need most work.
- Working on 3116 Determination for Salt Waste Disposal at SRS.
- Obtain regulatory approval of federally mandated changes to DOE's Radioactive Waste Management manual 435.1.

Q&A:
Q - Consultation with tribes.  Working on the Indian Policy Implementation Framework for 6 years now - too long.  No offices within DOE that are at the table seem to be able to commit the Secretary - EM is the only office signed on to the Implementation Framework at this point.  Tribes consider the various DOE offices as one collective though.  Meanwhile the scheduling of Summits with the Energy Secretary has been changed from annual to periodic without tribal consultation.  There seems to be a disconnect between tribes and the federal government that does not exist between tribes and state governments (and sites).

A - Need someone at the table who can commit the Secretary to a Summit.  Doug Frost would be just such a person.
- Do have RW commitments with some tribes.
- Differences between local issues (states) and a breach of policy with the federal government.
- Holm - need to push for this Implementation Framework to be accepted universally throughout DOE.

Q - What is the disposition path for LLW and mixed low-level waste (MLLW)?

A - A strategy document is in the works to identify this - sender and receiver points.  Should be available in the next month or so.  It will be a living document and they would like comments/suggestions to better it.
- Hanford acceptance has changed - now disallowing reception of waste.
- NTS - taking MLLW (higher activity) for five years, and LLW.
- Commercial facilities for LLW (Class A).
- First disposing on-site, then at a DOE site, now at commercial sites where possible (cheapest).
- Silo material from Fernald - no license to dispose yet.

Q - Los Alamos National Laboratory (LANL) - three-phased process: research/define waste, determine how to deal with waste at site, clean it up.  But LANL budget cut by 1/3.

A - Budget cut so as to get problems with safety worked out there first - then will fund it.
- Quick to WIPP
- EM budget going down as a whole.  Rispoli trying to reverse this, but Bodman's priorities are energy and science.
- GNEP could help relieve some issues at Yucca though.

Q - The understanding was that EM would focus on cleaning up Rocky Flats first, then other sites would move up the line in priority - dollar savings going to them.  Now those sacrificed in previous years are not seeing the payback.  Is there one big site EM is currently focusing on?  What is the closure timeline?

A - More of a focus on cleaning up many smaller sites for closure.  Won't replicate Rocky Flats practice - instead reducing foot print as several sites at once.  Limitations disallow another focus on any one big site.
Frost - When the waste disposition strategy is completed, they'd like this group to review it and share it with their legislative colleagues.

Q - Georgia Power sent a letter to DOE-EM about renewing a grant for radiation monitoring, but has been ignored on the issue.

A - Have not seen the letter, but know that DOE believes monitoring is already being conducted sufficiently by South Carolina; Georgia's efforts would be redundant.  Doug Frost and Frank Marcinowski will track down the request though.

Q - Georgia disposing of LLW at Barnwell.  Losing ability to send Class B & C waste there though in 2008 since South Carolina passed legislation to forbid non-compact members from shipping waste over their border.

A - Will have to store it on-site.  Date may be extended though.  Barnwell is a private company.

Q - Important to tout EM successes in order to keep public enthusiasm (funding) for cleanup.  Can you provide a list of successes for legislators?

A - Marcinowski will send a list to NCSL.

Other General Comments on DOE Interaction with Indian Tribes:

• DOE - State Tribal Government Working Group (STGWG) looks into relations between states/tribes and the federal government in Environmental Management issues on former nuclear weapons complex sites (NCSL staffs).
• Consultation needs to happen with tribes before decisions are made.
• DOE - There are 17 tribes near the Yucca Mountain repository.  DOE is dealing with each tribe individually.

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STATE LEGISLATION UPDATE

WA:
- Columbia Water Initiative regarding water issues around Hanford.  A briefing by the ecology department will happen at the Hanford State and Tribal Government Working Group meeting.
- Vitrification plant at Hanford - over-promised the accelerated completion.  No new nuclear power plants permitted until cleanup.  Citizens passed Initiative 297, the WA Cleanup Priority Act, forbidding acceptance of additional waste until sites reach compliance with state and federal environmental laws.

GA:
- Urging policy for more nuclear plants.
      o One nuclear reactor - early permit this year, construction in 2008.
- Georgia a conduit for WIPP shipments.
      o Hurricane impacted shipments, but routes reopened by early 2006.
- FEMA preparedness exercise on March 22.

NM:
- State environmental agency charging permit costs to usage instead of directly to the public.  90 day permitting for small turnaround, 180 for large.  Voluntary fee payments - federal facilities.  Environmental department needs 12 people to investigate/research the cleanup at LANL.  LANL pays for 25 people at the engineering stage, DOE pays for seven people to oversee WIPP.
- Working on NRC uranium enrichment plant application for NM.  U.S. now importing 80%; this plant would reduce it to 50%.
- WIPP going through RH (remote-handled waste) licensing process now.
      o       US Congress passed a change in the way to sample radiation - monitor at site, not in drum.
      o       Requiring visual examination of RH would pose serious safety risks to workers, so they're looking for different interpretations (i.e. looking twice at x-rays versus
               physically opening drums).
      o       NM law requires agreement among participants on:
                    - Need for additional space for B72 containers - agreement
                    - Bringing RH - only issue hearing officer will have to contend with.  Included in Land Withdrawal Act.
      o       Hoping for permit by end of August.  First hearing in early May.
      o       30 days after a permit is granted, they could begin operations.

 

Other State Legislation:
- MO SB 976 - fees for transport of radioactive waste across borders
- NJ SCR 73 - amicus briefs and recovery of damages for US DOE's failure to dispose of spent nuclear fuel (SNF).
- TN HB 2550 - public notice and hearing before license issued for facility manufacturing or accepting spent nuclear material.
- UT SB 70 - gubernatorial approval not required if legislature overrides governor's veto on certain nuclear waste issues.
- WA HJM 4025 and 4026 - seeking inclusion in federal nuclear projects.

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SUGGESTIONS FOR FUTURE EM ROUNDTABLES:
- Lessons learned from Rocky Flats to be used at Hanford, etc.
- Need representation from states with nuclear facilities.  Need continuum of thought at state level since administrations change. 
- Historical review for these new members.  Take them to EM/reactor sites, educate them at annual meetings.
- States can help create a path forward, plan, for reduction of waste.  Group to come up with resolution they can take to other groups for consideration/buy-in.
- Gain industry involvement.
- Visit a reactor site where group can review the total fuel cycle - Ohio.
- Smaller group to write policy for NCSL to take up on nuclear power and the overall energy picture - scientific and economic (Energy Summit at next NCSL Annual 
  Meeting).
- RW - collocate with regional groups.
- Take up new Yucca federal legislation, S.2589, at next HLW meeting.
- STGWG - Push for DOE representative to attend these meetings who can speak/commit for the Energy Secretary and set up a Tribal Summit.

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- Day 2 -

OFFICE of CIVILIAN RADIOACTIVE WASTE MGMT UPDATE
Judith Holm, Director, Operations Development Division; DOE-OCRWM

- Preparing NRC license for Yucca Mountain repository
- Improving site infrastructure at Yucca Mountain
- Canistered approach
- EIS for Caliente Corridor
      o       April 2004 - determination for mostly rail
      o       Draft EIS expected this summer
- Procurement of truck and rail casks
- Dedicated trains
- 180(c):
      o       Formula may not be preferred approach for tribes
      o       Planning $200,000 four to five years before shipments
      o       Training grant three years before shipments
- Nuclear Fuel Management and Disposal Act introduced in Congress
      o       Yucca capacity expansion - about doubled to 120,000 metric tons
      o       Licensing process amended
      o       Would allow for early construction of rail line
      o       Infrastructure activities (eliminates environmental reviews)
      o       Ability to use Nuclear Waste Fund (NWF) to offset other appropriated funds
      o       RCRA - clarifies DOE fuel does not need to comply with it
      o       Sec. of Energy can determine whether transport under DOT or NRC standards (i.e. with regard to DC ban on
               hazardous waste)
      o       Water rights in NV - DOE could appeal
      o       Waste confidence - Congress to deem
      o       Land withdrawal provision
      o       NO mention of interim storage at Yucca

Q&A:
Q - Distribution of 180(c) funds directly to tribes?

A - Yes.

Q - If using the NWF, would there be budget cuts - assume covered by private dollars?  Is $450 million now in budget under-funding the project or would that cover total needs for year?

A - $450 looks good, but the bill would provide for a constant stream of funds from the NWF when budget doesn't support needs adequately.
Comment - Should take project off of dependence on budget - not progressing as is.
Comment - NWF; 8-9 billion spent; 16-17 billion in bank; 750 million gain/year
Paul Genoa, NEI - bill would get Yucca through the construction phase.  Bodman sent letter to Cheney pushing for progress at Yucca.

Q - Adequate water at Yucca?

A - Yes.

Q - Would bill let feds preempt state water rights?

      A - If it is determined that it is in the public need.

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INDUSTRY UPDATE
Paul Genoa, Senior Manager, State Programs; NEI

S.2099, Reid bill:

• DOE takes title on-site
• Mandatory dry storage for 6-year old fuel
• Creates 65 new DOE HLW sites
• Diverts Nuclear Waste Fund dollars

Yucca Mountain Project:

• Clean fuel handling operation
• Surface aging pads
• Reducing fuel handling
• TADs

S.2589, Nuclear Fuel Management and Disposal Act:

• Submitted by Bodman on April 5
• Permanent land withdrawal
• Elimination of 70,000 statutory limit
• Funding fix through offsetting collections
• Waste confidence measure through Congress
• Touches on construction authorization for NV rail line
• Adequate water guaranteed for NWPA work
• Transportation regulations streamlined

GNEP:

• Life of reactor fuel designs - no fuel storage.  Partners ensure reliable global fuel market for user nations willing to forgo enrichment and fuel reprocessing capabilities.
• GNEP vision may be fully achieved in 2050.
• Yucca required for:
  • Legacy fuel
  • Federal HLW
  • Some recycled waste

Q&A:
Q - Mismatch of needs and new bill request.

A - 120,000 metric ton allowance at Yucca would cover current fleet, not expansion.  However, 20 new plants will be needed by 2020 to maintain the US's current dependence of 20% electricity from nuclear energy.

Q - What are the numbers/predictions for energy needs from which sources over the long run?

A - National Commission on Energy Policy looks into these issues of energy needs and climate change.

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STATE OPPORTUNITIES WITH GNEP
Jerry Paul, Principal Deputy Administrator; National Nuclear Security Administration

NNSA has three missions:

• Nuclear weapons deterrence, diagnostics on weapons (check warheads)
• Design, construct, and operate the Naval Nuclear Propulsion Program (103 reactors)
• International non-proliferation (shut down plutonium producing sites in Russia)

Offices at IAEA in Vienna and in Moscow and other parts of Russia.

Technical source for nuclear weapons, WMD prevention.

Plays a role in GNEP.

Reasons for GNEP include: environmental concerns, energy limits, non proliferation.  Thoughts include:

• Nuclear into hydrogen for cars
• Coal to replace oil for cars
• Nuclear to replace coal for electricity

Comments:
- If we take care of the waste problem with nuclear energy, the public will be on board with building new plants.
- Will non-proliferation become the focus of GNEP and reprocessing be an afterthought?
- What are the size/characteristic estimates for the reprocessing plants?
- Committed to fast reactors?  There are less expensive options - MOX with light water reactors.

A - Fast reactors burn more waste.
      - All parts of GNEP are equally important
      - There was a bill in Florida for early cost recovery for initial licensing.

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OVERVIEW OF GNEP
Tim Frazier, Associate Deputy Assistant Secretary; Office of Nuclear Energy, DOE

GNEP implements national energy policy
Small scale light water reactors
Demonstrate advanced recycling

Conference report:

• Expressions of Interest for site evaluation for potential hosts of advanced technology demonstration:
  • Closed 3/31/06
  • Received 30 to 40 EOIs
• Advanced Notice of Intent for the EIS
  • Comment period closes 5/08/06
  • Public hearings to follow in late May, early June
• Draft RFP
• RFP - $20 million total

Q&A:
A - EIS will look at technology and siting.
- No capacity issues for light water reactors

Q - What kind of fuel will be used for recycling feed stock - old, new?

A - UREX independent of age of fuel.  Intend to implement process already developed.

Q - What is the overall strategy for recycling, getting foreign nations on board?

A - GNEP is going forward, even if there is no international development.
- No fast reactor capability in the US anymore, the one at Hanford shut down. 
- There are international fast reactors.  One the US is looking into is sodium-cooled, needs magnetic pumps (good in Japan).

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