Environment, Energy and Transportation Program

Radioactive Waste Newsletter

25-page document

Vol. 15, No. 4
April 1999

In This Issue

Federal Activity

DOE begins WIPP shipments

On March 26 the first truckload of transuranic waste arrived at the Waste Isolation Pilot Plant (WIPP) near Carlsbad, N.M. The shipment—from the Los Alamos National Laboratory (LANL)—is the first of 38,000 loads of radioactive waste from various sites nationwide the U.S. Department of Energy (DOE) plans to transport to WIPP over the next 30 years. One protestor, William Beems of Albuquerque, was arrested when he tried to block the truck carrying waste. The shipment contained approximately 600 pounds of contaminated waste, including clothing, filters, plastic and metal.

Clearance for DOE shipments of transuranic waste (TRU) from LANL to WIPP was granted on March 22 by U.S. District Court Judge John Garrett Penn. To date, DOE has spent more than $2 billion to prepare and test the WIPP facility. Since the Environmental Protection Agency certified the facility in May 1998 for disposal of TRU waste that contained no hazardous materials, DOE has spent $500,000 per day to maintain WIPP and to manage TRU waste at other DOE sites. Due to the natural creep of the salt beds in which WIPP is located, DOE and contractor staff periodically must re-excavate emplacement rooms and tunnels.

The New Mexico Department of Environment does not expect to issue a Resource Conservation and Recovery Act permit for the disposal of mixed (hazardous and radioactive) TRU waste until July or September. It is expected that interest groups will challenge the permit when the state does issue it.

DOE requests $409 million for OCRWM

The Department of Energy (DOE) is requesting a total of $409 million ($370 million in new budget authority as well as a request that an additional $39 million to be provided from $85 million in unobligated balances remaining from the FY 1996 Defense Nuclear Waste Disposal Appropriation [P.L. 104-46] and transferred to the Nuclear Waste Disposal account) for the Office of Civilian Radioactive Waste Management. This request amounts to a 14.2 percent increase over 1999’s appropriation of $358 million. Eighty-one percent of the funds—$332 million—is allocated to continue the scientific and engineering work at the proposed Yucca Mountain, Nev., site characterization project office. The budget request supports the activities necessary to determine the suitability of the Yucca Mountain site as a repository, develop the documentation needed for a secretarial decision on the site recommendation to the president in FY 2001 and conduct other activities associated with the federal government’s waste acceptance obligation.

Of the remaining funds, $59.8 million would support program direction; $5.7 million would be allocated to waste acceptance, storage and transportation; and $11.8 million would be used for program integration activities.

To provide funding for the program’s activities, the FY 2000 appropriations request comes principally from two sources: the Nuclear Waste Disposal Appropriation ($297 million) and the Defense Nuclear Waste Disposal Appropriation ($112 million).

NRC budget for repository oversight

The Nuclear Regulatory Commission (NRC) is requesting $19.2 million (a $2.1 million increase) to support its high-level waste regulation program during FY 2000. The funding would support the completion and publication of a final, site-specific, performance-based regulation that can be applied to the proposed repository site at Yucca Mountain, Nev. Another major budget item within the nuclear waste safety sector of the NRC budget is $17.7 million to regulate the decommissioning of nuclear power plants. The NRC also is seeking $1.2 million for pilot programs to test the efficacy of external regulation of Department of Energy facilities at the Savannah River Site and Oak Ridge National Laboratory and $2 million for review work at the Hanford Tank Waste Remediation System.

DOE/environmental management budget

DOE is requesting $5.9 billion for the Office of Environmental Management (EM) for FY 2000—a $100 million increase over the FY 1999 appropriation. The Office of Environmental Management is responsible for the cleanup, closure and stewardship of former nuclear weapons production facilities across the United States. A key program goal for EM is to complete cleanup work and close projects as quickly as possible. The opening of the Waste Isolation Pilot Plant (WIPP) near Carlsbad, N.M.—which could accept transuranic (TRU) waste for disposal from these sites—is a major factor in how quickly they can be cleaned and closed. The budget proposal assumes that WIPP will begin accepting waste by Sept. 30, 1999, and that the facility can increase its waste acceptance schedule in FY 2000. By 2006, DOE expects to dispose of 42,000 cubic meters of TRU waste—this includes all the TRU waste at Rocky Flats, Colo., the Nevada Test Site and the Mound (Ohio) facility.

The EM budget includes $228 million for the privatization program in which contractors assume all up-front costs and liability. Projects at the Idaho National Engineering and Environmental Laboratory and the Hanford (Wash.) reservation are included in this program.

Legislation

Nevada storage bill entered in House

Members of the House of Representatives have introduced HR 45, the Nuclear Waste Policy Act of 1999, to establish in Nevada by June 30, 2003, a centralized interim storage site for commercial spent fuel from nuclear power plants. The bill also would require DOE to begin to accept spent fuel and high-level radioactive waste for disposal at a repository no later than Jan. 17, 2010. The bill—similar to legislation introduced during the 105th Congress—is sponsored by Representatives Fred Upton (Mich.) and Edolphus Towns (N.Y.); 48 other congressmen are co-sponsors. On March 15, 1999, Senator Frank Murkowski (Alaska) introduced similar legislation (S 608).

Other key components of the bill would:

Require the interim storage facility to be built in two phases. The first phase would have a 10,000-metric ton capacity and would be licensed for 20 years. The second phase would be licensed for 100 years and could accept up to 40,000 metric tons.
Require the Nuclear Regulatory Commission (NRC) to complete an interim storage facility environmental impact statement that would be attached to a final decision whether to grant the DOE a license for the facility.
Prohibit any court from stopping construction or operation of an interim storage facility prior to the NRC’s licensing decision.
Allow the use of heavy-haul trucks or direct rail transportation to move spent fuel and high-level radioactive waste from the main railhead at Caliente, Nev., to the interim storage site.
Require the secretary of energy to provide technical assistance and funds for training public safety officials from states, local governments and Indian tribes that are located along transportation routes.

Prohibit the EPA administrator from promulgating a radiation protection standard for the repository and set a 100-millirem radiation protection standard for the repository that can be modified only if either the NRC or EPA determine that the standard is inadequate to protect public health and safety.

The Clinton administration has restated its position that it will veto any bill to send nuclear waste to Nevada for interim storage. According to a DOE spokesperson, "The viability assessment (of Yucca Mountain, Nev.) does not change the president’s position with respect to a veto of legislation if presented to him in the form passed by either the House or Senate in the 105th Congress." The administration is concerned that the legislation would detract from efforts to complete the permanent repository, which might divert limited resources and could prejudge the siting of a permanent repository before the necessary NRC licensing proceeding could be completed.

The House Commerce Subcommittee on Energy and Power held a hearing on the bill on February 10. Those speaking in opposition to the bill included the state of Nevada, the Nuclear Waste Technical Review Board (NWTRB) and an assortment of environmental activist groups. Lake Barrett, acting director of the Office of Civilian Radioactive Waste Management, reminded the members of President Clinton’s plans to veto the bill if it passes. The Nuclear Regulatory Commission indicated it could support the bill if it passes with some amendments. Nuclear utilities and most state utility regulators support the bill. Both Barrett and NWTRB Chair Jared Cohon raised the concern that to require DOE to begin accepting waste at an interim facility by June 30, 2003, would undermine the department’s ability to open a repository by 2010. Barrett also pointed out that the added costs for an interim storage facility would create a funding gap of more than $1 billion between the Nuclear Waste Fund and program costs.

Civilian Radioactive Waste Management Program’s future costs could reach more than $36 billion—who will pay?

The December 1998 Analysis of the Total System Life Cycle Cost of the Civilian Radioactive Waste Management Program (TSLCC) has projected the cost of completing the Civilian Radioactive Waste Management Program—measured from FY 1999 through permanent closure in 2116—at $36.6 billion (in 1998 dollars). To date, the program has cost $5.9 billion (in year of expenditure dollars). In the near term, DOE estimates the program will cost approximately $1.3 billion through license application to the Nuclear Regulatory Commission. The cost estimate is based upon a schedule that calls for DOE to submit a license to the NRC in March 2002; the NRC approving repository construction in 2005; and waste emplacement beginning in 2010.

Another DOE report, Nuclear Waste Fund Fee Adequacy: An Assessment dated December 1998, indicates that the fees paid by the nuclear utilities, including interest earned by any surplus in the Nuclear Waste Fund, will be the principal financial support for the Civilian Radioactive Waste Management Program. From FY 1983 to the end of FY 1997, ratepayers have contributed $8.5 billion (in 1998 dollars) to the Nuclear Waste Fund; by 2036 ratepayers will have paid an additional $12.7 billion (in 1998 dollars and including one-time fee payments). Income from investing the balance in the Nuclear Waste fund will make a significant contribution against the program costs. Defense Nuclear Disposal will contribute $10.8 billion (in 1998 dollars) during the life of the program.

Nuclear Waste Fund Fee Adequacy: An Assessment (December 1998) concluded that the fee charged to utilities was adequate under the assumptions used in the analysis and that there was—even with the uncertainties described in the assessment—no need at this time to adjust the fee. Copies of the viability assessment, the TSLCC and the fee adequacy report are available from DOE at the following addresses:

viability assessment—www.ymp.gov/va.htm

TSLCC—www.rw.doe.gov/pages/current/tslcc/tslcc_toc.htm

fee adequacy—www.rw.doe.gov/pages/current/feead/feead_toc.htm

OCRWM to study Yucca Mountain water flow

Based upon the preliminary results from the Yucca Mountain, Nev., viability assessment, the Office of Civilian Radioactive Waste Management will focus its studies for the next several years on water movement through the mountain and the design of the proposed repository. DOE has determined that—to protect public health and the environment for thousands of years—there must be limited water contact with the waste packages and a low rate of release of radionuclides from waste packages that are breached by water corrosion. DOE scientists must determine whether they can ensure that there will be limited surface and groundwater contact with the waste packages after they are placed in the repository. The viability assessment has several findings that indicate that water may move through the mountain by methods that the scientists need to further understand. In early 1996, prior to the viability assessment, DOE scientists found evidence of chlorine-36 (a fallout product from atmospheric testing) at the repository level inside the mountain. This indicates that some water may be traveling from the ground surface to the repository level in 50 years or less. DOE is conducting joint studies at Yucca Mountain with the State of Nevada University System.

NRC to publish draft Yucca Mountain licensing rule

The Nuclear Regulatory Commission has decided to publish a draft rule for licensing criteria for the proposed high-level radioactive waste repository at Yucca Mountain, Nev.; the criteria will contain a "placeholder" standard with an all-pathways dose limit of 25 millirem per year for the repository, until the U.S. Environmental Protection Agency (EPA) can complete its rule. The NRC has decided not to wait for the EPA to finish its environmental standards for the proposed repository; the EPA is two years overdue in finalizing the standards. The proposed NRC radiation dose standards are protective of public health and safety and are consistent with recommendations from several national and international bodies.

The philosophies of the EPA and the NRC differ regarding the radiation protection standards. The EPA argues that a separate groundwater standard is necessary to protect potable water at Yucca Mountain; the NRC believes it is unnecessary and that an all-pathways standard provides sufficient protection. S 608, the latest nuclear waste disposal legislation, defers to the NRC’s ability to protect the public by giving the commission the final authority to develop radiation standards.

The EPA reportedly is considering a 4 millirem (mrem) groundwater protection standard for the repository proposed for Yucca Mountain, Nev. Federal officials believe this standard is so stringent that no site, on a practical basis, would be able to meet it. NRC Chairman Shirley Jackson testified before a House Commerce Subcommittee on Energy and Power that the standard is "unrealistic." The draft EPA proposal also contains a 15 mrem all-pathways annual dose limit; this limit is separate from the proposed groundwater requirement. H.R. 45, the centralized interim storage bill proposed by Rep. Fred Upton (Mich.) and others, would override the EPA’s authority and direct the NRC to consider a 100 mrem per year all-pathway standard during repository licensing proceedings. Both Jackson and Robert Perciasepe, EPA assistant administrator for air and radiation, have testified that the 100 mrem standard is too high for the repository. EPA Administrator Carol Browner will advise President Clinton to veto the bill if Congress passes it in its current form. Representative Joe Barton (Texas), chair of the House Commerce Subcommittee on Energy and Power, has strongly suggested the EPA submit its site-specific radiation release standard for Yucca Mountain to Congress in the next two months.

For more information about the NRC criteria contact Timothy McCartin, (301) 415-6681, e-mail tjm3@nrc.gov, Office of Nuclear Material Safety and Safeguards, NRC, Washington, D.C. 20555-0001.

U.S. judge delays DOE damages trial

Under the direction of U.S. Federal Court of Claims Judge James Merow, counsel for Yankee Atomic, Connecticut Yankee and Maine Yankee have commenced discovery activities with the DOE that the utilities claim is necessary for them to fully determine the exact amount of damages that they are entitled to for the DOE’s delay in commencing spent fuel disposal activities. In their complaints, the three utilities stated that they are entitled to $288 million in damages, or amounts proven at trial. Once the discovery process has been completed, Judge Merow will schedule a trial where the utilities will have to justify their damages.

During his Feb. 25, 1999, testimony before the Senate Committee on Energy and Natural Resources, the Secretary of Energy Bill Richardson expressed his concerns about the department’s potential liability from ongoing lawsuits. The secretary stated that, although some utility estimates project that damages could be as high as $85 billion, the DOE has estimated its liability from pending lawsuits at between $500 million and $1 billion. The secretary further stated that he would like to open a dialogue with the committee to consider alternatives which would address the department’s obligations to the utilities. Such alternatives would include taking title to utility spent fuel on site or assuming management responsibility of utility spent fuel, but would not include centralized interim storage options.

Disagreement over NRC role in regulating DOE facilities

The Defense Nuclear Facilities Safety Board (DNFSB) and the Nuclear Regulatory Commission (NRC) are in disagreement over the NRC’s role in external regulation of Department of Energy nuclear facilities. DNSFB reported last fall that external regulation would be too costly and would undermine national security. The NRC believes that all DOE defense facilities should adhere to the same health and safety standards that civilian facilities must meet. The NRC is asking Congress to defer questions about external regulation of DOE facilities until the completion of the pilot program at the end of FY 1999. A copy of the Jackson letter is at (http://www.nrc.gov/nrc/nmss/doepilot.html).

The future of external regulation of Department of Energy facilities could be in doubt, however. Secretary of Energy Bill Richardson has cancelled pilot projects to determine whether the Nuclear Regulatory Commission should regulate DOE. Richardson informed members of Congress that three completed pilot projects at Lawrence Berkeley National Laboratory, Oak Ridge National Laboratory and the Savannah River Site highlighted unresolved issues and indicated the benefits may be outweighed by the costs and difficulties. For a copy of Secretary Richardson’s letter, contact Scott Liddell at NCSL, (303) 364-7700.

Los Alamos tests new oxidization process

Los Alamos National Laboratory (LANL) is testing a molten salt oxidation process that could reduce the number of transuranic (TRU) waste shipments that it would send to the Waste Isolation Pilot Plant (WIPP) near Carlsbad, N.M., when WIPP opens to accept waste (see cover story). The process removes the organic portion of the TRU waste and allows the isotope (plutonium-238) to be recycled for reuse in the laboratory. LANL hopes to have a molten salt oxidation unit in operation within two years.

LANL currently plans to ship 7,500 kilograms of TRU waste in 8,500 drums to WIPP. The molten salt oxidation process could significantly reduce the bulk of the waste shipped to WIPP to approximately 50 drums. For more information, contact Liz Foltyn and Kevin Ramsey at LANL (505) 667-1640.

EPA to answer, "How clean is clean?"

The Environmental Protection Agency’s Environmental Engineering Committee will try to provide an answer to the ongoing question, "how clean is clean?" The committee will meet to discuss whether responsible parties should clean up sites to meet either a level of average contamination or a "not to exceed" percentage. An example would be a standard that contamination should not exceed a certain level for more than 90 percent of the property. For more information about the committee, contact Kathleen Conway of EPA at (202) 260-2558.

Personnel

President Bill Clinton has nominated Carolyn L. Huntoon to serve as assistant secretary for the Office of Environmental Management at DOE. Dr. Huntoon has worked on science and technology issues for a number of years and has been NASA’s representative to the president’s Office of Science and Technology.

T.J. Glauthier has received Senate confirmation to become the deputy secretary of energy. The president also has nominated Rose Gottemoeller as assistant secretary of energy for nonproliferation and national security.

Secretary of Energy Bill Richardson has appointed Christopher T. Stearns as director for Indian Affairs in the Office of Congressional and Intergovernmental Affairs. Mr. Stearns is a member of the Navajo tribe and previously served as Secretary Richardson’s legal counsel when he chaired the Native American Affairs Subcommittee in the House of Representatives.

Bob Alcock, deputy assistant secretary for intergovernmental and external affairs in DOE’s Office of Congressional, Public and Intergovernmental Affairs, has been appointed as the senior advisor for transportation policy and planning in the Office of Environmental Management. Alcock will provide a support system for state and local governments that are concerned about the transportation of foreign research reactor spent fuel.

Secretary of Energy Bill Richardson appointed Linda Lingle as principal deputy assistant secretary for congressional and intergovernmental affairs on Feb. 19. Lingle has served as a senior policy advisor in the Office of Field Management and worked on the foreign research reactor spent fuel program. Lingle will oversee DOE’s relationship with members of Congress, state and local governments, tribal national and other stakeholders.

Derrick Watchman has been appointed special assistant to the secretary of energy in the Office of Worker and Community Transition. In this position, he will work with Indian tribes and promote awareness of Indian energy development and tribal interests, as well as asset disposition issues.

Senator Pete Domenici (N.M.), in a speech to a joint session of the New Mexico Legislature, called upon state officials to work with the Department of Energy to open the Waste Isolation Pilot Plant, near Carlsbad, N.M. Domenici discussed the benefits the project has brought to the state and his concern about waste stored in New Mexico, Colorado and Idaho that is awaiting disposal at WIPP.

TRANSPORTATION

Transportation legislation summary

To date, 1999 has been another busy year for spent fuel and hazardous materials legislation in state legislatures. A brief summary follows of legislation that was introduced in 1999 in state legislatures that pertains to spent fuel and hazardous materials transportation. To date, 27 bills have been introduced in 16 states.

Colorado

HB 1036—Concerns the authority of the Transportation Commission to regulate hours during which hazardous materials may be transported through the Eisenhower Tunnel.

HB 1092—Concerns reimbursements to the Colorado State Patrol for costs incurred in mitigating a hazardous substance incident.

Connecticut

SB 1196—Requires the Office of Emergency Management to include in nuclear emergency response plans the establishment of a public education program that focuses on nuclear emergency planning measures to ensure that evacuation routes are updated to reflect increased traffic volume and measures to increase the number of emergency reception centers.

Georgia

SB 51—Changes the provisions that relate to school safety plans; provides that school safety plans also shall address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism.

SB 87—Changes the provisions that relate to display of owner’s name on certain trucks; provides that it shall be unlawful to operate in Georgia any bus, truck, or truck tractor that has a manufacturer’s gross vehicle weight rating or an owner declared gross weight of 10,001 or more pounds or that transports hazardous materials in a quantity that requires placarding that does not comply with the name and other display requirements of this act.

Indiana

SB 154—Requires anyone who wishes to transport high level radioactive waste to submit to the director of the State Emergency Management Agency: 1) a notice that includes the highway or railway route, date, and time of the shipment; and 2) a transportation fee of $1,000 for each vehicle and railroad car that will be used to transport the waste. Specifies that the fees are deposited in the state Nuclear Response Fund.

Kansas

HB 2179—Concerns transportation of certain high-level radioactive waste in Kansas; imposes certain requirements; provides for preparation of an emergency response plan; and provides for designation of certain routes, times and dates for transportation.

Nevada

SB 82—Eliminates authority for imposing certain fees for inspection and regulation of motor vehicles that transport hazardous materials.

SB 167—Revises provisions that govern issuance of permits to motor carriers that transport radioactive wastes.

SJR 4—Urges Congress not to enact the Nuclear Waste Policy Act of 1999.

SJR 6—Expresses support for, and desire to cooperate with, the federal government in its research of safety requirements for transmutation and storage of high-level nuclear waste in a proposed nuclear repository in the state of Nevada.

New Hampshire

HB 556—Modifies the hazardous waste transporter registration requirements; confers additional enforcement authority to the Department of Environmental Services relative to hazardous waste transportation; and makes technical changes to the hazardous waste management laws.

New Jersey

AB 1537—Prohibits motor carriers from compensating conveyors of hazardous materials on a time-based "pay for performance" basis.

New York

AB 1828—Directs the commissioner of transportation to adopt rules and regulations that provide for the annual inspection of trucks that transport hazardous materials; directs the commissioner to annually inspect any truck that transports hazardous materials where such truck is duly registered in another state.

SB 543—Provides that the Department of Health shall be responsible for the supervision, coordination and approval of highway routing designations for the transportation of hazardous materials in the event that the governor fails to designate such an agency.

Oklahoma

SB 105—Relates to the Hazardous Liquid Transportation System Safety Act and the Corporation Commission.

Oregon

HB 2187—Clarifies the authority of the Department of Environmental Quality to exercise authority delegated to the state under the federal Resource Conservation and Recovery Act over transportation of hazardous waste by land.

Rhode Island

HB 5348—Provides regulations and penalty for violations in the transportation of hazardous materials through the Scituate Reservoir Watershed in accordance with prevailing federal standards.

Tennessee

HB 561—Relates to nuclear materials, transportation and safety; imposes certain requirements on shipment of spent nuclear fuel and high-level radioactive waste.

SB 745—Relates to nuclear materials, transportation and safety; imposes certain requirements on shipment of spent nuclear fuel and high-level radioactive waste.

Utah

SB 164—Designates approximately 60 miles of dirt roads in Tooele County as "statewide public safety interest highways" and places them under state jurisdiction. The intent is to prevent construction of a rail spur over county roads to the proposed spent fuel storage facility under development by Private Fuel Storage Inc. Similar intent is expressed in a resolution passed by the Utah Transportation Commission on Feb. 11, 1999. (See related story on p. 17 in the On-Site Storage section.)

SB 177—An act to deny limited liability for organizations that are involved in the transfer or storage of high-level nuclear waste or greater than class C radioactive waste in the state; requires that certain requests by these organizations regarding transportation—such as grade crossings, easements and eminent domain—may not be granted without the approval of the governor.

Washington

HB 1267—Relates to inspections of hazardous material offered by private shippers for transportation by rail.

SB 5059—Allows counties to assess impact fees to cover the costs associated with the transport of radioactive waste over their roadways.

SB 5340—Grants the Utilities and Transportation Commission authority to inspect businesses that ship hazardous materials by rail.

SB 5741—Declares that it is unlawful for a driver of a commercial motor vehicle—other than the driver of a bus or a vehicle with a gross vehicle or combination weight not more than 16,000 pounds and not transporting hazardous materials—to fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open.

West Virginia

HB 2099—Prohibits vehicles that transport hazardous materials from parking within 1,000 feet of educational or health care facilities.

Wisconsin

AB 57—Relates to eligibility to operate commercial motor vehicles and the transport of hazardous materials.

DOE issues transportation protocols draft compilation

In an effort to standardize transportation protocols whenever possible, the Senior Executive Transportation Forum of the U.S. Department of Energy has compiled information about current protocols and practices. In January, a draft report was distributed to members for comment with regard to completeness and the approach of the Transportation External Coordination Working Group (TECWG), which meets twice a year to provide input to DOE transportation programs. The forum is responding to the concerns of stakeholders—like TECWG—that relate to lack of uniformity in DOE shipping protocols and practices, and a lack of communication regarding the reasons for the differences. Seven different DOE offices that ship various types of radioactive materials use operational practices that vary according to the type of material being transported and the operational experiences of the different programs.

About 4,000 to 5,000 such shipments are made by DOE each year. Included are weapons-related materials, spent nuclear fuel, transuranic waste, high-level waste, low-level waste, radioisotopes, tritium, plutonium residues and oxides, and highly enriched uranium. All the DOE programs adhere to applicable laws, regulations and DOE internal orders to ensure safety; this has resulted in an excellent shipment safety record.

To address stakeholder concerns, the forum is evaluating DOE radioactive material transportation practices. The goal is to pursue standardization across DOE operating programs, where appropriate. Where inappropriate, DOE will explain why. A key element will be communication and input from those involved in DOE transportation activities.

DOE intends to periodically update the protocols and practices document for currency, completeness and continued compliance with laws and regulations. Questions about the protocols initiative may be directed to Kelvin Kelkenberg, acting director, Office of Transportation and Emergency Management, (301) 903-1969.

TECWG meets

The Transportation External Coordination Working Group (TECWG)—convened by the U.S. Department of Energy to provide input on transportation activities—met in Jacksonville, Fla., Jan. 20-22, 1999. DOE established TECWG to improve interactions between the U.S. Department of Energy (DOE) and external groups that are interested in the department’s transportation activities.

Among the topics discussed in Jacksonville were communications, medical training, transportation protocols (see related article), rail issues, a radiological response exercise in Maryland, the issue of balancing free speech and safe transportation, lessons learned from recent Navy napalm shipments, the U.S. Department of Transportation Mode and Route Study, general transportation planning, and a tabletop exercise of radioactive materials routing. The next meeting will occur July 13-15, 1999, in Philadelphia. A meeting summary of the Jacksonville meeting and all previous meetings may be found at www.uetc.org/tec.

Transportation Briefs

In a victory for states’ rights, the U.S. Supreme Court rejected appeals by Kansas City Southern Industries, which argued that lawsuits that sought damages from a railcar chemical spill in Bogalusa, Louisiana, in 1995 were preempted by the Federal Rail Safety Act and the Hazardous Materials Transportation Act. Allowed to proceed by the decision are a Louisiana state class action lawsuit and 4,000 separate claims in Mississippi. The ruling continues a trend in the Supreme Court that allows state court lawsuits against railroads.
Cask supplier BNFL Fuel Solutions has applied for a license from the Nuclear Regulatory Commission for a new transportable spent fuel cask. Thirty-four of the casks will be built for Portland General and Electric to safely transport its spent fuel from the Trojan nuclear reactor in Oregon (see related story on page 19 of the On-Site Storage section).
The proposed FY 1999 budget for the Research and Special Programs Administration (RSPA) seeks to cover all operations of RSPA through fees, in the amount of $32 million. Congress must grant authority for this to happen. Industry groups oppose such a move, because it would increase their costs.

DOE plans cross-country spent fuel shipments

DOE will accept 20 metric tons of research reactor fuel from 41 countries over a 13-year period that began in 1996 and will end in 2009. Certain types of foreign fuel can be better handled at INEEL than at SRS; this summer’s shipment will consist of five casks with 451 spent fuel assemblies from Germany, Romania, Italy and Slovenia. The shipment will arrive at the Charleston (S.C.) Naval Weapons Station and then will be routed through SRS to INEEL.

To date, DOE has delivered seven foreign spent fuel shipments to SRS and one shipment to INEEL via the Concord (Calif.) Naval Weapons Station.

STATE/LOCAL/TRIBAL

Guinn maintains opposition to Yucca Mountain

Nevada Governor Kenny Guinn (R) addressed the nuclear waste disposal issue in his state of the state address to the Legislature. Guinn indicated he will continue to support the state’s opposition to a high-level radioactive waste repository at Yucca Mountain by boosting funding for the Nuclear Waste Projects Agency. In Guinn’s proposed budget, the agency would receive $1 million in state funds, plus $400,000 in Nevada Department of Transportation funding and $300,000 from the federal government for oversight activities.

In early February, Governor Guinn testified before the U.S. House Subcommittee on Energy and Power about HR 45, the Nuclear Waste Policy Act of 1999. In his testimony, Governor Guinn concentrated on two central themes—political fairness, and equity and safety. Governor Guinn’s position was bolstered by the passage immediately before his testimony of Nevada SJR 4, which also opposes the Nuclear Waste Policy Act.

Governor Guinn also held a "State Summit on Nuclear Waste" with congressional members, state executive branch officers and legislative leaders on February 16 at the capitol. The summit allowed leaders to map political, legal and scientific strategies to prevent nuclear waste from entering the state. Guinn used the meeting to gather information and to devise the most effective plan for the state in its conflict with the federal government over the proposed high-level waste repository at Yucca Mountain, Nev. Guinn stated, "This [nuclear waste] is clearly the most devastating environmental and economical problem that Nevada’s citizens will face."

Copies of Governor Guinn’s February 10 testimony before the U.S. House Subcommittee on Energy and Power about HR 45, The Nuclear Waste Policy Act of 1999, and Nevada SJR 4 are available from Scott Liddell, NCSL, 1560 Broadway, Suite 700, Denver, Colo. 80202, (303) 364-7700, or on the internet at http://www.house.gov/commerce, then select "Subcommittee on Energy and Power."

Tremors rumble Nevada Test Site

The Nevada Test Site experienced two earthquake tremors on January 25 and 27, measuring, respectively, 4.5 and 4.7 on the Richter scale. The tremors were 25 miles to 30 miles from the Yucca Mountain, Nev., proposed site for a repository. According to a DOE seismologist, crews in the test tunnel at Yucca Mountain did not experience any ground movement. Scientists will study whether the two quakes—whose epicenters were about 10 miles apart—occurred on the same seismic fault. More than 30 known faults have been mapped in the area. Nevada state agency staff are concerned that seismic activity could create more pathways for radiation exposure if spent fuel and high-level radioactive waste are buried at the Yucca Mountain site.

Nevada legislators question agency spending

The Nevada Assembly Ways and Means and Senate Finance committees have questioned the proposed $1.9 million to fund the state Agency for Nuclear Projects. Executive Director Bob Loux stated that the funding will cover only essential programs such as scientific analyses and studies, not public relations or political activities. Loux wants to add a management assistant and a researcher-planner to assist with the agency’s responsibilities; the positions previously were eliminated to reduce costs.

Personnel

Leo Penne, longtime director of the Nevada lobbying office in Washington, D.C., has been fired by Governor Kenny Guinn. Penne, who has been the Nevada lobbyist for 13 years, will leave his post when his contract expires on June 30. The state lobbying office will remain in operation; interviews are underway for Penne’s replacement.

Legislation

California

Governor Gray Davis has included $1.2 million in general fund revenues in his 1999 budget to support finding an acceptable solution for the development of a low-level radioactive waste disposal site in California, either at Ward Valley or elsewhere.

Nebraska

LB 530 (Dierks)—Requires Nebraska to secede from the Central Interstate Compact.

South Carolina

S 298 (Leventis)—Reenacts the Southeast Low-Level Radioactive Waste Compact for the state. Would allow South Carolina to close the commercial Barnwell low-level radioactive waste disposal facility to generators in 49 states (all except North Carolina).

H 3245 (Sheheen)—Prohibits the disposal of low-level radioactive waste from other states in South Carolina. Strikes provisions concerning the formation of the low-level radioactive waste compact negotiating committee.

Utah

HB 324 (Brown)—Regulates facilities that process radioactive source material.

See related story, "Texas considers assured isolation storage" on p. 22.

ON-SITE STORAGE

PFS, Owl Creek seek to store commercial spent fuel

Private Fuel Storage (PFS) and the Owl Creek Energy Project each are seeking to license a private facility to store 40,000 metric tons of commercial spent fuel. Both facilities hope to start operations some time in 2002.

PFS—an eight-member utility consortium—is undergoing the Nuclear Regulatory Commission (NRC) license application process and wants to open a storage facility on the Skull Valley Goshute Reservation in Utah by mid-2002. PFS recently responded to the NRC’s second request for additional information (RAIs) about safety issues and the first round of RAIs about the environmental impact statement.

The Wyoming-based Owl Creek facility currently is attempting to solidify its financial support; project officials hope to submit a license application some time this year or in early 2000.

Utah attempts to deny access to interim storage facility

In early February, the Utah Transportation Commission adopted a resolution that—if ratified by the Legislature—would allow the state of Utah to take over portions of Tooele County and Bureau of Land Management (BLM) roads in another attempt to stop shipments of spent fuel to a proposed interim storage facility on the Skull Valley Goshute reservation. (See related story on p. 7 in the Transportation section.)

Two years ago, the seven-member commission attempted to cut off transportation routes that would lead to the interim storage facility by taking over a highway from Tooele County to prevent waste from being trucked to the facility.

Private Fuel Storage (PFS), the utility consortium that is attempting to construct the facility, believes the commission’s latest actions amount to little more than a public relations campaign because federal law prohibits restrictions on rail access.

Utah Governor Mike Leavitt (R) is strongly opposed to the interim storage facility, and the site was one of the themes in his state of the state address in January. Governor Leavitt said he would isolate the proposed spent fuel storage facility by creating a "moat" of state land around it and would refuse permission for spent fuel shipments to cross over it. The governor also indicated he would support legislation to remove an existing shield of limited liability protection and make utility companies directly liable for spent fuel transportation.

Opposition to the facility is not limited to the governor; state Senator Peter Knudson (R), sponsored SB 164, which places the nearly 60 miles of dirt roads in the county under state jurisdiction. SB 164 directs the county to maintain the "statewide public safety interest highway" and indicates that the county may not abandon any part of the roads.

Utility: Activate spent fuel pools

Carolina Power & Light Co.—owner of the Harris Plant near Raleigh, N.C.—has requested permission from the Nuclear Regulatory Commission (NRC) to activate two unused spent fuel pools at Harris. If the NRC grants permission, two other nuclear plants owned by Carolina Power will be able to send their pressurized water reactor (PWR) and boiling water reactor (BWR) spent fuel to Harris for storage.

The pools that currently are active at Harris have 3,700 storage slots for spent fuel assemblies. Opening the additional two pools would give Carolina Power sufficient storage space to carry all four units to the end of their NRC licenses (Robinson in 2010, Brunswick-2 in 2014, Brunswick-1 in 2016 and Harris in 2026). If the pools are not opened, the utility will have to buy spent fuel storage casks.

Activating the two pools would provide Harris with one of the largest on-site storage capacities in the country; at least one North Carolina environmental group—the Waste Awareness and Reduction Network (WARN)—is concerned about possible radiation releases or accidents.

Hi-Star 100 may become NRC’s newest storage cask

Holtec International’s Hi-Star 100 might become the latest addition to the Nuclear Regulatory Commission’s list of approved spent fuel storage casks. The cask system—if used in accordance with its certificate of compliance—will meet 10 CFR 72 requirements and will allow NRC licensees to store spent fuel in the casks under their general licenses.

Industry group pushes for standardized spent fuel cask designs

At a meeting in mid-February, the Nuclear Energy Institute (NEI)—the nuclear industry’s trade group—indicated that it wants to reduce design variations and encourage standardization of spent fuel cask designs. The NEI initiative could specify that cask designs must include certain fundamental qualities or capabilities and is expected to accelerate the Nuclear Regulatory Commission’s (NRC) review of designs seeking certification.

Once basic safety standards are determined, individual vendors could include specific "selling points and special features" for their casks, similar to the availability of different models of cars. This effort is expected to take about a year to develop.

NEI also will begin developing industry guidelines to standardize the quality assurance (QA) approach to help fabricators become more detail-oriented in the manufacturing process. This action could allow an independent party to verify that work meets the QA guidelines and could lessen the pressure on NRC’s already-strained eight-member cask inspection staff.

LOW-LEVEL RADIOACTIVE WASTE

S.C. governor: "Mistake" to leave compact

South Carolina Governor Jim Hodges (D), in his state of the state address on January 20, said that South Carolina made a mistake in withdrawing from the Southeast Low-Level Radioactive Waste Compact several years ago. In response to Hodges’ concerns, state senators Phil Leventis and John Courson have introduced a bill to rejoin the compact. The governor cited as a "disaster" the current policy of accepting low-level radioactive waste from around the country. Hodges wants two guarantees with regard to rejoining the compact: that there is a definite date after which South Carolina no longer will be the national and regional landfill for nuclear waste; and that North Carolina continue its efforts to build a new low-level radioactive waste disposal facility.

Chem-Nuclear will not seek Barnwell legislation

Chem-Nuclear Systems Inc. has announced that it will not seek to introduce legislation in the 1999 session of the South Carolina General Assembly to support its plan for long-term access to the Barnwell low-level radioactive waste disposal facility; the company instead will explore other options. Chem-Nuclear president Regan Voit indicated he would meet with customers to discuss other ideas for ensuring the continued availability of the Barnwell site for disposal. For fiscal year 1999 (ending June 30), Chem-Nuclear predicts that the state of South Carolina will receive $37.6 million in disposal taxes from waste shipped to Barnwell, based upon expected volumes of 160,000 cubic feet. A portion of the disposal tax revenue is dedicated to scholarship grants. The company will owe the state more than $13 million in additional revenue for the scholarship program; it plans to pay $3 million and the rest of the tax will be provided from contributions from low-level radioactive waste generators. With these additional funds, tax revenues from Barnwell to the state will total more than $50 million. Past tax revenues have averaged more than $60 million per year since the Barnwell facility was reopened to generators in 49 states in mid-1995.

U.S. judge restrains Nebraska LLRW review

On March 8 U.S. District Judge Richard G. Kopf granted the request of the Central Interstate Low-Level Radioactive Waste Commission to temporarily restrain Nebraska from holding a review hearing of its Dec. 21, 1998, decision to deny a license to build a low-level waste disposal facility in Boyd County. A hearing on a preliminary injunction has been scheduled for April 10, 1999. The restraining order decision follows the Dec. 30, 1998, suit filed by five utilities in the U.S. District Court for the District of Nebraska that challenged the state’s review of US Ecology’s license application for a Boyd County facility. State regulators at the Department of Environmental Quality and Health and at Human Services Regulation and Licensure had denied the application on December 21. The lawsuit alleges the regulators failed to act in good faith in their review of the license application and that they exhibited a bias or prejudice in their review. In addition to a temporary restraining order, the utilities are seeking a return of some of the $91 million they spent on pre-licensing activities.

Several utilities also filed contract claims with the Nebraska State Claims Board on January 13 concerning the state’s conduct in its review of a license application to construct and operate a low-level radioactive waste disposal facility in Boyd County. The companies also filed suit in state court requesting that the court take jurisdiction over the claims. The utilities are seeking financial damages for Nebraska’s alleged breach of its obligations—specifically, its duty of good faith performance—under the Central Interstate Low-Level Radioactive Waste Compact.

US Ecology also has filed petitions with the Nebraska departments of Environmental Quality and Health and Human Services to request a hearing regarding the denial of the company’s application to operate a low-level radioactive waste disposal facility in Boyd County.

US Ecology closed its Lincoln and Boyd County, Neb., offices at the end of March. The staff were released, the files and documents supporting the company’s license application for a low-level radioactive waste disposal facility were placed in storage and office equipment was auctioned.

Semnani to return to Envirocare management

Khosrow Semnani will return to the management of Envirocare of Utah Inc. following the termination of the federal criminal case against him upon payment of a $100,000 fine on a misdemeanor tax charge. Semnani pleaded guilty to aiding and abetting Larry Anderson—former director of the state radiation control division—with filing a false tax return by failing to report an extortion payment to Anderson.

Envirocare president pays license fine

Charles Judd, president of Envirocare of Utah Inc., has paid a $400 fine to the state division of occupational and professional licensing for submitting official documents to state regulators without a valid professional engineer’s license. Judd’s license had lapsed from June 1, 1996, through July 10, 1998; he submitted engineering documents to the state radiation control division in January 1997. Judd’s case was the second licensing infraction for the disposal company. Earlier, another employee who certified company license renewal application plans before the state radiation control division was found to lack the necessary professional engineer’s license. He has been sentenced to four weekends in jail, two years’ probation, a $2,400 fine and 50 hours of community service.

Murkowski plans LLRW hearings

Senator Frank Murkowski (Alaska), chairman of the Senate Energy and Natural Resources Committee, plans to hold a hearing this spring about the progress to date in developing low-level radioactive waste disposal sites within the compact system. The committee will schedule the hearing to coincide with the release of a General Accounting Office (GAO) report about the compact system. In the meantime, Senator Murkowski has requested that the GAO prepare a second report about low-level radioactive waste that would compare one alternative—transfer of low-level radioactive waste disposal responsibility from the states to the Department of Energy—to reliance on the private sector for disposal capacity. Murkowski specifically wants the GAO to analyze the government’s current costs for disposal of low-level radioactive waste at DOE disposal sites and to provide information about DOE’s efforts to evaluate the potential use of private disposal facilities. This second report may be issued by the end of 1999 or early 2000.

Texas considers assured isolation storage

Representative Warren Chisum (Texas) plans to introduce a bill (HR 1910) that would allow the state to consider developing a long-term (assured isolation) storage facility to accept waste from Texas, Maine and Vermont. An assured isolation facility is an aboveground engineered system that is capable of isolating waste for an indefinite period. The facility—although it must be licensed to the Texas Low-Level Radioactive Waste Disposal Authority and be owned by the state—could be operated by a private contractor. It will not be located in Hudspeth County or the area that surrounds the Mexico-Texas border at the Rio Grande River. The site must have low rainfall and a minimal risk of contaminating nearby aquifers. The facility also would be prohibited from accepting Department of Energy waste for storage.

See related story in the Utah legislative summary on p. 17.

Personnel

Kevin Brown, former director of the Utah Department of Environmental Quality’s Division of Drinking Water, has joined Envirocare of Utah as the company’s new chief corporate engineer.

Rick Jacobi, general manager for the Texas Low-Level Radioactive Waste Disposal Authority, accepted the position of vice president of operations with Envirocare of Texas on February 5. Jacobi will be responsible for obtaining licenses for Envirocare’s proposed waste processing and disposal facility in Andrews County. Deputy Manager Doug Bell will assume the position of general manager for the authority.

Governor Jim Hodges (S.C.) has appointed John Clark as the low-level waste forum participant for South Carolina, and state Senator Phil Leventis as the alternate forum participant.

Greg Duggan has assumed responsibility as program manager for DOE’s National Low-Level Waste Program. Duggan also serves as the director of the Low-Level/Mixed Low-Level Waste Center of Excellence at the DOE Idaho Operations Office. Duggan replaces Mike LaFreniere, who has accepted a position with DOE/Idaho as a waste management project engineer.

INTEREST GROUPS

WGA adopts new environmental policy

The Western Governors’ Association (WGA), at its December Environmental Summit on the West, adopted "Enlibra: A New Shared Doctrine for Environmental Management," a balanced policy to resolve environmental conflicts. The policy, drafted by governors Mike Leavitt (Utah) and John Kitzhaber (Ore.), seeks to enhance the environment, increase productivity, and improve the quality of human and community life. The policy stresses national standards through neighborhood solutions; collaboration, not polarization; movement toward a performance-based system of environmental programs; replacing command-and-control systems with economic incentives; and using appropriate geographic boundaries for environmental problems. For a copy of the policy, contact the WGA web site at www.westgov.org. A related article appears in the April issue of NCSL’s State Legislatures magazine. The web site for the related NCSL article can be found at http://www.ncsl.org/programs/esnr/enlibra.htm.

PUBLICATIONS

NCSL recently has produced several publications that address issues related to radioactive waste storage and disposal.

Closure for the Seventh Generation: A Report from the Stewardship Committee of the State and Tribal Government Working Group summarizes a national survey of long-term stewardship plans and activities at a number of U.S. Department of Energy sites. It makes recommendations to DOE based on findings and conclusions drawn from survey responses.

Watershed Protection: The Legislative Role, by Larry Morandi, Barbara Foster and Jeff Dale, contains surveys of state watershed protection laws and interviews with state watershed program staff. The report also analyzes the types of watershed protection laws that states have enacted.

State Environmental Audit Laws and Policies: An Evaluation, by Larry Morandi, examines the 25 states that have enacted environmental audit privilege or immunity legislation and the 11 states that have adopted environmental audit policies.

The March 1999 State Legislatures magazine contains the story, "Legislators Call for National Nuclear Waste Summit," which profiles the request by several state legislators for a national summit to address problems with federal law and the current system for waste disposal.

For more information about any of these publications, contact the NCSL Marketing Department at (303) 364-7700.

The Department of Energy has released its 1997 Annual Report on Low-Level Radioactive Waste Management Progress (DOE/EM-0379, November 1998). The report summarizes state and federal activities related to the development of new disposal capacity for commercial low-level radioactive waste. The report provides a status report on key mileposts in the development of disposal capacity. Copies of the report are available from the U.S. Department of Commerce, Technology Administration, National Technical Information Service, Springfield, Va. 22161, (703) 487-4650.
The Northeast Interstate Low-Level Radioactive Waste Commission has issued its 1998 Annual Report. Copies are available from the commission, 703 Hebron Ave., Glastonbury, Conn. 06033, (860) 633-2060.
The National Center for Environmental Health of the Centers for Disease Control and Prevention has released its Hanford Thyroid Disease Study Draft Report. The study was established to determine if there was an increased risk for thyroid disease among residents exposed to atmospheric releases of radioactive iodine from the Hanford, Wash., reservation during the 1940s and 1950s. To obtain a copy of the report, contact Mike Donnelly, project officer, Radiation Studies Branch, Division of Environmental Hazards and Health Effects, NCEH, CDC, 4770 Buford Highway, N.E. (F-35), Atlanta, Ga. 30341-3724, (770) 488-7040, fax (770) 488-7044.
The Nevada Legislative Counsel Bureau has issued a report from the Legislative Committee on High-Level Radioactive Waste to the Legislature that provides background information, an historical perspective and a summary of the committee’s oversight role in the high-level radioactive waste issue (Bulletin No. 99-15, January 1999). Copies are available from the bureau, Legislative Building, 401 S. Carson St., Carson City, Nev. 89701-4747, (775) 687-6825.
The Federal Highway Administration has issued a report, Large Truck Crash Profile: The 1997 National Picture, that states that hazardous materials play a minor role in truck crash statistics since—in most cases—the materials are not released from their containers. The Department of Transportation’s Research and Special Programs Administration counted an average of only 11 deaths per year over the past 10 years due to exposure to hazardous materials in highway crashes (radioactive waste is included in the hazardous materials category). To obtain a copy of the report, contact the Office of Motor Carriers Information Analysis, (202) 366-0324.
The Department of Transportation has issued its Pocket Guide to Transportation, compiled by the Bureau of Transportation Statistics. The pamphlet illustrates changes in the U.S. transportation system during the past 26 years and how these changes have affected the nation’s economy, safety, energy use and the environment. Copies of the guide or other BTS products are available from the web page, www.bts.gov, via telephone (202) 366-DATA, fax (202) 366-3640 or by e-mail at orders@bts.gov.

GAO REPORTS

THE GENERAL ACCOUNTING OFFICE (GAO) has produced the following reports of interest.

Department of Energy: Management of Excess Property (GAO/RCED-99-3, November 1998).

Department of Energy: Major Mismanagement Challenges and Program Risks (GAO/OCG-99-6, January 1998).

Environmental Cleanup: Defense Funding Allocation Process and Reported Funding Impacts (GAO/NSIAD-99-34, November 1998).

Hazardous Waste Sites: State Cleanup Practices (GAO/RCED-99-39, December 1998).

Military Bases: Status of Prior Base Realignment and Closure Rounds (GAO/NSIAD-99-36, December 1998).

Nuclear Regulatory Commission: Strategy Needed to Develop a Risk Informed Safety Approach (GAO/T-RCED-99-71, February 1999).

Nuclear Weapons: Key Nuclear Weapons Components Issues Are Unresolved (GAO/RCED-99-1, November 1998).

The first copy of each GAO report and testimony is free; additional copies are $2 each. To request copies of these reports, contact the General Accounting Office, P.O. Box 6015, Gaithersburg, Md. 20884-6015, (202) 512-6000, or fax your order to (301) 258-4066. GAO reports also are available on the Internet at www.gao.gov.

Environment, Energy and Transportation Program

Radioactive Waste Newsletter

Vol. 15, No. 4 April 1999

In This Issue

Federal Activity

Transportation

State/Local/Tribal

On-Site Storage

Low-Level Radioactive Waste

Interest Groups

Federal Activity

Legislation

TRANSPORTATION

STATE/LOCAL/TRIBAL

California

Nebraska

South Carolina

Utah

ON-SITE STORAGE

LOW-LEVEL RADIOACTIVE WASTE

INTEREST GROUPS

Vol. 15, No. 4
April 1999