U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–118

" ! SENATE 106TH CONGRESS

2d Session

TREATY DOC.

2000

106–48

JOINT CONVENTION ON THE SAFETY OF SPENT FUEL

AND RADIOACTIVE WASTE MANAGEMENT

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

THE JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT, DONE AT VIENNA ON SEPTEMBER 5, 1997

SEPTEMBER 13, 2000.—Convention was read the first time, and together

with the accompanying papers, referred to the Committee on Foreign

Relations and ordered to be printed for the use of the Senate.

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, September 13, 2000.

To the Senate of the United States:

I transmit herewith, for Senate advice and consent to ratification, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done

at Vienna on September 5, 1997. Also transmitted for the information of the Senate is the report of the Department of State concerning the Convention.

This Convention was adopted by a Diplomatic Conference convened by the International Atomic Energy Agency (IAEA) in September 1997 and was opened for signature in Vienna on September

5, 1997, during the IAEA General Conference, on which date Secretary of Energy Federico Pen ̃

a signed the Convention for the

United States.

The Convention is an important part of the effort to raise the

level of nuclear safety around the world. It is companion to and

structured similarly to the Convention on Nuclear Safety (CNS), to

which the Senate gave its advice and consent on March 25, 1999,

and which entered into force for the United States on July 10,

1999. The Convention establishes a series of broad commitments

with respect to the safe management of spent fuel and radioactive

waste. The Convention does not delineate detailed mandatory

standards the Parties must meet, but instead Parties are to take

appropriate steps to bring their activities into compliance with the

general obligations of the Convention.

The Convention includes safety requirements for spent fuel management when the spent fuel results from the operation of civilian

nuclear reactors and radioactive waste management for wastes resulting from civilian applications.

The Convention does not apply to a Party’s military radioactive

waste or spent nuclear fuel unless the Party declares it as spent

nuclear fuel or radioactive waste for the purposes of the Convention, or if and when such waste material is permanently transferred to and managed within exclusively civilian programs. The

Convention contains provisions to ensure that national security is

not compromised and that Parties have absolute discretion as to

what information is reported on material from military sources.

The United States has initiated many steps to improve nuclear

safety worldwide in accordance with its long-standing policy to

make safety an absolute priority in the use of nuclear energy, and

has supported the effort to develop both the CNS and this Convention. The Convention should encourage countries to improve the

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management of spent fuel and radioactive waste domestically and

thus result in an increase in nuclear safety worldwide.

Consultations were held with representatives from States and

the nuclear industry. There are no significant new burdens or unfunded mandates for the States or industry that should result from

the Convention. Costs for implementation of the proposed Convention will be absorbed within the existing budgets of affected agencies.

I urge the Senate to act expeditiously in giving its advice and

consent to ratification.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, July 13, 2000.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Joint Convention on the Safety of Spent Fuel Management and on the Safety

of Radioactive Waste Management, done at Vienna on September

5, 1997. Accompanying this Report, for the information of the Senate, is an Article-by-Article analysis of the Convention. I recommend that this Convention be transmitted to the Senate for its

advice and consent to ratification.

This Convention is an important part of the efforts to raise the

level of nuclear safety around the world. The Convention on Nuclear Safety (CNS), to which the United States became a Party on

July 10, 1999, applies only to civilian nuclear power installations.

Other nuclear facilities, spent fuel, and fuel-cycle activities are not

covered under the CNS. The Preamble of the CNS does, however,

recognize the need to develop a waste convention and contains a

preambulary statement affirming a commitment by the Parties to

develop a similar convention on the safe management of radioactive waste.

To this end, a Group of Experts was constituted from approximately 50 countries to prepare a draft convention on spent nuclear

fuel and radioactive waste. From 1995 to 1997, the International

Atomic Energy Agency convened seven meetings of the Group in

which the United States participated. A draft text was completed

in March 1997 and submitted for review by the Board of Governors

at its June 1997 meeting. The Board subsequently authorized the

Director-General to convene a Diplomatic Conference in Vienna.

The Joint Convention on the Safety of Spent Fuel Management and

the Safety of Radioactive Waste Management was adopted on September 5, 1997. Secretary of Energy Pen ̃

a signed the Convention

for the United States on that date.

The Convention will enter into force 90 days after 25 states have

ratified the Convention, 15 of which must have one operational nuclear power plant. A Preparatory Meeting is to be held no later

than six months after entry into force. The first Review Meeting is

to be held no later than 30 months after entry into force. The interval between review meetings is not to exceed three years. To date,

the Convention has been signed by 41 countries and ratified by 15

countries. Of these 15 countries, 10 are states with at least one

operational nuclear power reactor.

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Structured similarly to the CNS, the Convention establishes a series of broad commitments with respect to the safe management of

spent fuel and radioactive waste. The Convention does not delineate mandatory standards the Parties must meet, but instead Parties are to take appropriate steps to bring their activities into compliance with the obligations of the Convention.

Under the Convention, Parties will submit periodic national reports on the steps that they are taking to implement the obligations of the Convention. These reports will be reviewed and discussed at Review Meetings of the Parties, at which each Party will

have an opportunity to discuss and seek clarification of reports submitted by other Parties. Although not reflected in the Convention

text, as currently proposed the Parties are to be organized into subgroups of five to seven countries. The United States will be assigned a group and will have the opportunity to review national reports of other countries assigned to this group. Parties also can

comment on national reports of countries not in their review group.

The U.S. national report form and structure will be closely modeled after the national report submitted for the CNS. As required

under the Convention, the report will include, inter alia, the U.S.

legislative and regulatory framework, spent nuclear fuel and radioactive waste inventory data (from currently available Federal Government databases) and a listing of types of existing and proposed

facilities, whether Federal, State, or private. The United States believes its management and safety practices meet all Convention

commitments.

The Department of Energy is the lead agency for preparation of

the report in coordination with the Nuclear Regulatory Commission, the Environmental Protection Agency, and the Department of

State. An interagency working group was established for the purpose of coordinating Convention activities.

The scope of the Convention includes safety requirements for

spent fuel management when the spent fuel results from the operation of civilian nuclear reactors; radioactive waste management

resulting from civilian applications; disused sealed sources no

longer needed; operational radiation protection; management of nuclear facilities; decommissioning; emergency preparedness; a legislative and regulatory framework; and transboundary movement. It

does not include naturally occurring radioactive materials (NORM),

unless a Party declares it as radioactive waste for the purposes of

the Convention.

The scope of the Convention does not apply to a Party’s military

radioactive waste or spent nuclear fuel unless the Party declares

it as spent nuclear fuel or radioactive waste for the purposes of the

Convention.

The Convention would apply to military radioactive waste and

spent nuclear fuel if and when such material is permanently transferred to and managed within exclusively civilian programs. The

Convention contains provisions to ensure that national security is

not compromised and that Parties have absolute discretion as to

what information is reported on material from military sources. In

the United States, all military radioactive waste and spent nuclear

fuel is normally transferred to civilian programs for disposal. The

Convention will not, therefore, affect ongoing U.S. military operVerDate 11-MAY-2000 07:34 Sep 14, 2000 Jkt 079118 PO 00000 Frm 00006 Fmt 7633 Sfmt 6602 E:\HR\OC\TD048.XXX pfrm06 PsN: TD048
VII

ations in any way, nor will classified information be covered in the

U.S. national report.

As does the CNS, this Convention encourages broad participation

through its elaboration as an incentive process, under which Parties take appropriate steps to bring their activities into compliance

with the obligations of the Convention. The goal is that over time,

through processes of self-improvement, acceptance of the obligations under the Convention, and periodic reviews of their Convention-related activities, all the Parties will attain a higher level of

safety with the management of their spent fuel and radioactive

waste.

As a Party to the Convention, one delegate and any other alternates, experts, or advisers as is deemed necessary may represent

the U.S. Government. The U.S. Delegate will be a representative

of the Department of State. U.S. Alternate Delegates will be representatives of the Department of Energy, the Nuclear Regulatory

Commission, and the Environmental Protection Agency.

The Department of Energy estimates costs for preparing the U.S. national reports to be $200,000 for fiscal year 2000 and $200,000

incurred annually thereafter. Costs will be absorbed within the existing Department of Energy budget. The Nuclear Regulatory Commission costs are not expected to be substantial and can be absorbed within the existing budget. The Environmental Protection

Agency expects costs to be minimal and can be absorbed within the

existing budget.

Consultations were held with the representatives from States, industry, and the U.S. Congress. There are no significant new burdens or unfunded mandates for the States or industry that should

result from the Convention.

No implementing legislation will be necessary for the United

States to comply with its obligations under the Convention.

The Department of Energy, the Nuclear Regulatory Commission,

and the Environmental Protection Agency join the Department of

State in recommending that the Convention be transmitted to the

Senate with a view to receiving its advice and consent to ratification at the earliest possible time.

Respectfully submitted,

ALAN LARSON.

Enclosure: As stated.

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