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**Hearing on**

**the Safety and Security of Spent Nuclear Fuel Transportation**

**before the**

**Committee on Commerce, Science, and Transportation**

**United States Senate**

**Written Statement of the**

**U.S. Department of Transportation**

**Expected Delivery 2:00 p.m.**

**September 24, 2008**

**[Written Statement]{.smallcaps}**

**[of]{.smallcaps}**

**[Ted Willke, Associate Administrator for Hazardous Materials
Safety,]{.smallcaps}**

**[Pipeline and Hazardous Materials Safety Administration,
and]{.smallcaps}**

**[Edward Pritchard, Director, Office of Safety Assurance and
Compliance,]{.smallcaps}**

**[Federal Railroad Administration,]{.smallcaps}**

**[U.S. Department of Transportation]{.smallcaps}**

**[before the]{.smallcaps}**

**[Committee on Commerce, Science, and Transportation]{.smallcaps}**

**[United States Senate]{.smallcaps}**

**[September 24, 2008]{.underline}**

**[INTRODUCTION]{.underline}**

Chairman Inouye, Ranking Member Hutchison, and Members of the Committee,
we want to thank you for the opportunity to appear today on behalf of
the Department of Transportation (DOT). We are pleased to discuss DOT's
role in the safe and secure transportation of spent nuclear fuel (SNF)
and high-level radioactive waste (HLRW) to the proposed geological
repository at Yucca Mountain, Nevada.

**[THE SAFETY RECORD]{.underline}**

SNF and HLRW have been transported within the United States for more
than 50 years, with a solid record of safety and security. More than
1500 shipments of commercial SNF from nuclear power reactors have moved
by road and rail without a single incident resulting in an injury,
death, or release of the material from the packaging. Likewise, numerous
military shipments of SNF; thousands of non-commercial spent fuel and
HLRW shipments by the Department of Energy (DOE); and approximately
30,000 international shipments of SNF have occurred without serious
incident.

**[REGULATORY ROLES]{.underline}**

Under the Nuclear Waste Policy Act of 1982, DOE has primary
responsibility to plan for and arrange the transportation of SNF to a
geological repository. The Nuclear Regulatory Commission (NRC) is
responsible for licensing the geological repository and whatever interim
facilities may be needed. Transportation will be conducted, in
accordance with hazardous materials transport regulations issued by DOT,
in transport casks approved by the NRC. States will bear primary
responsibility for responding to accidents and incidents within their
jurisdictions and in many cases have enacted additional requirements for
carrier inspections and escorts. DOE, DOT, and the Federal Emergency
Management Agency have provided grants, courses, and course materials
for emergency responder training and preparedness related to this
transportation. Because DOE plans to take title to the SNF at nuclear
reactor sites, that department will be responsible for ensuring the
security of the shipments.

**[DOT ROLE IN PROMOTING TRANSPORTION SAFETY]{.underline}**

Within DOT, several agencies are involved in overseeing the
transportation of SNF. The Pipeline and Hazardous Materials Safety
Administration (PHMSA) administers a national program designed to
protect life, property, and the environment from risks inherent in the
transportation of hazardous materials, including SNF, in intrastate and
interstate commerce. To these ends, PHMSA identifies and evaluates
safety risks; develops and enforces standards for transporting hazardous
materials; educates shippers and carriers; investigates transport and
packaging incidents and failures; conducts research; and awards grants
to improve emergency response to incidents. PHMSA regulations, issued
under the Federal hazardous materials transportation safety laws

(49 U.S.C. ch. 51), establish commodity-specific standards for the
classification, packaging, marking, labeling, and documentation of
hazardous materials shipments by rail, highway, vessel, and air. PHMSA's
Hazardous Materials Regulations (HMR) also prescribe standards for the
loading and unloading of transport conveyances; training of
transportation employees; and security of hazardous materials in
transportation.

PHMSA shares responsibility for enforcement of the HMR with the Federal
Railroad Administration (FRA), the Federal Motor Carrier Safety
Administration (FMCSA), the United States Coast Guard, the Federal
Aviation Administration, and state law enforcement officials.

For shipments of SNF, PHMSA also works closely with the NRC. PHMSA's
regulations incorporate rigorous packaging standards that are developed
and overseen by the NRC. Pursuant to a 1979 Memorandum of Understanding,
with PHMSA, the NRC has lead regulatory responsibility for the review
and certification of the shipping casks used to transport SNF. These
casks are performance-tested to assure they can survive "hypothetical"
accident scenarios. The tests, which include impact, puncture, thermal
and immersion testing, also assure that the casks provide excellent
radiation protection to transportation workers who load, unload, or
carry SNF and to any member of the general public who may come into
proximity with a shipment of nuclear material during its movement in
transportation. Because the time that it takes to move a shipment from
origin to destination directly affects radiation exposure, the NRC
requires that shipments of SNF be planned to avoid intermediate stops to
the extent practicable. PHMSA's regulations also prohibit unnecessary
delay in the transportation of hazardous materials.

FRA enforces the HMR applicable to rail shipments as part of a national
safety program covering all aspects of railroad operations. FRA
regulations issued under the Federal railroad safety laws (49 U.S.C. ch.
201-213) govern the design, maintenance, and inspection of track,
equipment, signals, and train control systems and prescribe standards
for employee qualifications, training, and operating practices. FRA also
advises PHMSA on rulemakings involving the rail transportation of
hazardous material and enforces the HMR in the rail mode. Railroads are
required to conduct their own inspections to ensure that these safety
standards are being met. Approximately 500 Federal and State safety
inspectors monitor the railroad companies' own inspection forces to
verify compliance with applicable Federal safety standards. FRA and
State inspectors accomplish this task by conducting routine inspections
and programmed focused inspections of railroad properties and comparing
their findings to a railroad's own inspection records, as well as
conducting compliance investigations. Thus, while primary responsibility
for inspecting the railroad property and operations rests with the
railroads themselves, FRA's inspection strategy is to ensure the
integrity and effectiveness of the railroads' own inspection programs in
complying with applicable Federal safety regulations and standards. In
the case of SNF shipments, as set forth in the following section, FRA
and rail carriers have taken a number of actions to further strengthen
safety and security controls.

Although rail will be the primary mode of transportation for SNF
shipments to the repository, some motor carrier movements also will be
necessary. In addition to the HMR, these movements will in accordance
with FMCSA regulations governing vehicle condition, driver safety, and
security. Under FMCSA's regulations, a motor carrier transporting SNF
must hold a safety permit issued by FMCSA, and a pre-trip inspection of
the shipment must be performed by an authorized State or Federal law
enforcement official. In addition, States may designate preferred routes
for highway shipments of SNF, in accordance with FMCSA's regulations.
Preferred routes are interstate highways and alternate routes designated
by a State routing agency. An interstate bypass or beltway around a
city, when available, must be used rather than an interstate route
through a city. Under these regulations, a State or locality may not
designate (or restrict the use of) routes that "export" transportation
risks to a neighboring jurisdiction or unnecessarily delay the
transportation of hazardous materials.

**[EMERGENCY RESPONSE]{.underline}**

Effective response to a transportation accident or incident involving
SNF is enhanced through Federal requirements and resources, including
financial assistance to States and localities for emergency response
planning and training. DOE maintains regional emergency management field
offices that can dispatch qualified response teams to an incident
involving nuclear material, but first responders are primarily local
fire departments and law enforcement agencies. (In the event of a
radiation emergency, emergency response is typically handled by the
appropriate state radiation control agency and first responders are
trained to stay clear and call the state radiation control officer.)
PHMSA's hazard communication requirements (shipping papers, package
marking and labeling, and vehicle placarding) inform these responders of
the hazards involved. For shipments of SNF, coordination with local
responders is also enhanced by the NRC's physical protection
requirements that provide for advance notification to the State governor
(or his representative) of each shipment to or through the State and
advance arrangements with local law enforcement agencies for response to
an emergency or a call by escorts for assistance. Local emergency
response capabilities are strengthened by PHMSA's planning and training
grants to States, who in turn pass at least 75 percent of the grants
through to local communities.

**[RAIL TRANSPORTATION OF RADIOACTIVE MATERIALS]{.underline}**

With regard to rail transportation of SNF and HLRW in particular, FRA
conducts inspections to verify that shipments are properly prepared for
rail transportation and in compliance with all applicable provisions of
the HMR. FRA also helps to ensure that the track, signal systems, grade
crossings, bridges, and rail vehicles used for these shipments are in
safe condition and that responsible railroad employees involved in these
movements are trained, briefed, and properly performing their jobs. In
these activities, FRA works very closely with the railroads, their
employees, and the affected communities. Ultimately, the safe movement
of SNF and HLRW depends on the application of sound safety regulations,
policies, and procedures. This requires extensive planning and
coordination among Federal agencies, State and local governments, and
commercial transportation companies.

Since the mid-1980s, FRA has implemented a basic focused inspection
policy for all known rail shipments of SNF and HLRW. In 1998, with the
advent of a significant potential for increased SNF and HLRW by rail,
FRA recognized the need to enhance the existing policy to ensure that
the railroad industry's outstanding safety record for nuclear material
shipments could continue unabated. This updated policy, the *Safety
Compliance Oversight Plan for Rail Transportation of High-Level
Radioactive Waste and Spent Nuclear Fuel*, known as SCOP, set forth an
enhanced FRA policy to address the safety of rail shipments of SNF and
HLRW. FRA applies this enhanced policy to ensure the safety of all known
rail shipments of SNF and HLRW. The SCOP is a "living document"
periodically requiring modification and update as needed based on new
regulations, technologies, and procedures.

The development of the SCOP involved a coordinated effort among FRA,
DOE, the Association of American Railroads (AAR), railroad labor
organizations, and representatives of affected States and Native
American groups, and FRA acknowledges the invaluable contribution of
each of them. Key elements of the SCOP include the following: (1)
coordinated planning for selecting the most appropriate and viable
routes, (2) ensuring appropriate training of railroad employees and
emergency responders, and (3) enhancing and focusing FRA's safety
inspections and monitoring activities on all facets of the rail
shipments of SNF and HLRW.

Under current route-selection requirements, FRA works with DOE, utility
companies, or other shippers, and the involved railroad companies in
planning and selecting the routes, emphasizing the selection of the
highest classes of track. (Under FRA's regulations, each higher class of
track has a greater permissible operating speed and more stringent
safety standards.) Additional requirements for selecting the safest and
most secure routes for transporting SNF and other high-hazards materials
were also adopted in PHMSA's interim final rule, "Enhancing Rail
Transportation Safety and Security for Hazardous Materials Shipments,"
published on April 16, 2008. Under these requirements, a rail carrier
must analyze the routes over which these materials may be transported
and, based on that analysis, select the safest and most secure route to
be used. The Transportation Security Administration (TSA) is also
engaged in a rulemaking that includes proposals to enhance the security
of rail shipments of certain hazardous materials, including SNF, by
requiring carriers to designate a security coordinator, report security
concerns to TSA, establish a chain of custody for shipments, and advise
TSA of the location and other specific information regarding shipments
within one hour of a request from TSA.

FRA also coordinates with Operation Lifesaver, Inc., a private safety
organization, to increase grade crossing safety awareness and education
in communities along routes. FRA works with appropriate agencies of the
Department of Homeland Security, the NRC, and DOT's Office of
Intelligence and Security in identifying security issues and measures.
FRA assists with coordination among the shipper, Federal and local law
enforcement representatives, and intelligence communities on security
matters. Finally, FRA reviews the security and emergency response plans
of the shipper and the rail carrier to ensure that they adequately
address the transportation security risks and the actions to be taken
along the route in the unlikely event of an accident or incident.

Another important element of the SCOP is training. It is FRA's policy to
assist DOE and other shippers in the development of emergency response
training and safety briefings and to monitor the rail carrier and the
shipper to verify that requisite training and briefings have been
performed. FRA also conducts reviews to ensure that train crews who
operate the trains in which nuclear materials are transported are
properly certified, trained, and experienced in running over the routes.
Finally, FRA checks to see that these crews have received specific
training concerning the nature of the shipments.

Federal regulations for shipment of nuclear material by rail are
augmented by a series of safety and security protocols and special
operating restrictions that have been agreed upon by DOE and the
railroads. These protocols and operating restrictions, AAR Circular
OT-55-I, Recommended Railroad Operating Practices for Transportation of
Hazardous Materials and AAR Standard S-2043, Performance Specification
for Trains Used to Carry High-Level Radioactive Material, for example,
have evolved over the years and are often tailored to the particular
needs of these types of shipments. Under these protocols, a train
carrying SNF or HLRW would typically include the cask cars, at least two
buffer cars, and an escort car. One buffer car is before and one is
after the cask cars; the buffer cars are required by regulation and not
only provide separation from the occupied locomotive and from the escort
car but also act as a cushion against direct impacts on the cask cars in
the event of a collision. The escort car would be staffed with
appropriate nuclear safety and security personnel. Special operating
restrictions have included limitations on the maximum speed of trains
carrying nuclear materials, requirements to stop opposing trains on
adjacent tracks when they meet a train carrying nuclear materials, and
requirements that cars carrying nuclear material be switched only with
an attached locomotive rather than allowing them to roll to a stop on
their own during switching.

Another convention involving the shipment of SNF and HLRW by rail
concerns the use of dedicated trains. Until the mid-1970s, most rail
shipments of these radioactive materials were handled in regular service
trains that carried a wide variety of other freight in addition to
radioactive materials. However, in 1974, the railroad industry adopted a
strong position that radioactive materials shipments should move in
dedicated trains that transport only the radioactive material. Under a
congressional mandate, FRA engaged the services of the John A. Volpe
National Transportation Systems Center to conduct a thorough study of
the safety implications surrounding the transportation of SNF and HLRW
in dedicated trains versus regular service trains. In September 2005,
FRA transmitted its March 2005 report containing the study's results to
the Congress, "Use of Dedicated Trains for Transportation of High-Level
Radioactive Waste and Spent Nuclear Fuel." The report concluded that
dedicated train service offers the lowest accident probability and can
reduce radiation exposure in the event of an accident by mitigating the
consequences and simplifying wreck clearance. The report also stated
that additional research is needed to fully assess the costs and risks
of transporting SNF. The Department is conducting additional research to
assess conditions for the transportation of SNF and expects to issue a
responsive notice of proposed rulemaking in fiscal year 2009.

The security of rail shipments of radioactive materials has long been a
priority even before the tragic events of September 11th. Some of the
protocols described above contain stringent security measures to protect
against terrorist threats, including the accompaniment of these
shipments by armed security forces, direct liaison with State and local
law enforcement and first responders, and requirements to protect the
cars when sitting in rail yards or sidings.

**[CONCLUSION]{.underline}**

Through its comprehensive safety programs, and key partnerships with
other Federal, State, and local authorities, DOT is prepared for the
additional shipments of high-level radioactive materials associated with
the opening of a proposed new geological repository for SNF. As planning
for the repository progresses, DOT will continue to work with the
Congress, the nuclear industry, the transport community, and appropriate
Federal, State, and local agencies to review and improve existing safety
standards; promote the development of new risk-reducing technologies;
strengthen the preparation of emergency responders; and otherwise
enhance the system of safety controls for SNF and HLRW transportation.
With continued vigilance, DOT is committed to maintaining the strong
record of safety and security established over the last 50 years.

We appreciate the opportunity to discuss DOT's transportation safety and
security program for SNF. Thank you. We would be pleased to answer any
questions you may have.

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