89–010 

Calendar No. 171 

116TH CONGRESS REPORT " ! SENATE 1st Session 116–69 

WEST VALLEY DEMONSTRATION PROJECT 

REAUTHORIZATION ACT 

AUGUST 16, 2019.—Ordered to be printed 

Filed, under authority of the order of the Senate of August 1, 2019 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 1138] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 1138) to reauthorize the West Valley demonstration project, and for other purposes, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of H.R. 1138 is to reauthorize the West Valley demonstration project. 

BACKGROUND AND NEED

In the 1950s, the Atomic Energy Commission (AEC) encouraged 

private industry to participate in the reprocessing of used nuclear 

fuel. In 1959, the State of New York established the Office of Atomic Development and two years later purchased land near West Valley, New York, to establish the Western New York Nuclear Service 

Center. In 1962, the Davison Chemical Company created Nuclear 

Fuel Services, Inc., to construct and operate a reprocessing facility 

at that site. The Atomic Energy Commission issued a construction 

permit for the reprocessing facility in 1963 and an operating license for it in 1966. It began operation in 1966 and reprocessed 

about 640 metric tons of spent nuclear fuel. 


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In 1972, Nuclear Fuel Services shut down the reprocessing plant 

to expand its capabilities and make changes to reduce radioactive 

exposure risk to personnel employed at the site. The AEC determined the changes represented a significant alteration and required the project to undergo a complete license review. During the 

review process, the AEC stipulated that the facilities at West Valley must be able to withstand a once in ten million year high magnitude tornado and a once in a million year high magnitude earthquake. 

In 1976, Nuclear Fuel Services decided to shutter the reprocessing operation due to the high costs associated with the pending 

modification to the facility, as well as the uncertain regulatory environment. By shutting down the facility, Nuclear Fuel Services 

was able to exercise its ability to shift responsibility for the waste 

to the State of New York. 

In 1980, the West Valley Demonstration Project Act was enacted 

(Public Law 96–368).The Act directed the Department of Energy 

(DOE) to carry out a high-level radioactive waste management 

demonstration project at the Western New York Service Center in 

West Valley, New York, to demonstrate solidification techniques for 

liquid wastes. The law required DOE to enter into a partnership 

with New York and provided for a cost-share agreement where 90 

percent of the cost was covered by the Federal Government. 

LEGISLATIVE HISTORY

H.R. 1138 was introduced in the House of Representatives by 

Representatives Reed and Higgins on February 11, 2019, and referred to the Energy and Commerce Committee. The Energy and 

Commerce Committee reported H.R. 1138 favorably on March 5, 

2019, and the measure passed the House of Representatives by 

voice vote on the same day. The Subcommittee on Energy held a 

legislative hearing on H.R. 1138 on July 9, 2019. 

In the 115th Congress, Representatives Reed, Higgins, Nadler, 

and Slaughter introduced nearly identical legislation, H.R. 2389, in 

the House of Representative on May 4, 2017. H.R. 2389 was referred to the Energy and Commerce Committee, which reported the 

measure favorably on July 12, 2018 (H. Rept. 115–926). H.R. 2389 

passed the House of Representatives by voice vote on September 

25, 2018. 

The Senate Committee on Energy and Natural Resources met in 

open business session on July 16, 2019, and ordered H.R. 1138 favorably reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 16, 2019, by a majority voice vote of 

a quorum present, recommends that the Senate pass H.R. 1138. 

SECTION-BY-SECTION ANALYSIS

Section 1. West valley demonstration project 

Section 1(a) reauthorizes the West Valley Demonstration Project 

Act at $75 million for each of the fiscal years 2020 through 2026. 


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Subsection (b) requires the Comptroller General to submit a report to Congress within 18 months of enactment regarding the 

West Valley Demonstration Project. This subsection further specifies the information to be contained in the report, including the 

identified options for disposal of each type of radioactive waste. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

H.R. 1138 would authorize the appropriation of $75 million annually over the 2020–2026 period for the Department of Energy 

(DOE) to continue cleanup activities at the West Valley Demonstration Project, a nuclear waste remediation site in New York. 

In 2019, DOE allocated $75 million for cleanup activities at the 

site. Assuming appropriation of the authorized amounts, and based 

on historical spending patterns for similar programs, CBO estimates that implementing H.R. 1138 would cost $319 million over 

the 2019–2024 period. 

The act also would require the Government Accountability Office 

to report to the Congress on options for disposing of the site’s nuclear waste. Based on the costs of similar tasks, CBO estimates 

that any costs to complete the report would be insignificant; such 

spending would be subject to the availability of appropriated funds. 

The costs of the legislation (detailed in Table 1) fall within budget function 270 (energy). 

TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1138 

By fiscal year, millions of dollars— 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019– 

2024 

2019– 

2029 

Authorization ......... 0 75 75 75 75 75 75 75 0 0 0 375 525 

Estimated Outlays 0 38 60 71 75 75 75 75 38 15 3 319 525 


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The CBO staff contact for this estimate is Sofia Guo. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 1138. The Act is not a regulatory measure in the sense of imposing Government-established standards or significant economic 

responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of H.R. 1138, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 1138, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of Energy at the July 

9, 2019, hearing on H.R. 1138 follows: 

TESTIMONY OF THE HONORABLE BRUCE J. WALKER, ASSISTANT SECRETARY, OFFICE OF ELECTRICITY, U.S. DEPARTMENT OF ENERGY

INTRODUCTION

Chairman Cassidy, Ranking Member Heinrich, and 

Members of the Subcommittee, it is an honor and a privilege to serve at the Department of Energy (DOE or the Department), as Assistant Secretary for the Office of Electricity. DOE is charged with, among other important responsibilities, providing our Nation with premier energy 

research and development (R&D) activities. The work 

being conducted by DOE is setting the course for various 

advancements in the energy field and beyond. Issues like 

energy storage, improving energy efficiency, creating 

breakthroughs in how we extract and utilize our Nation’s 

fossil fuels, and Artificial Intelligence are just some of the 

important areas of DOE research. These are also the topics 

being covered at today’s hearing. 

WEST VALLEY DEMONSTRATION PROJECT REAUTHORIZATION

The West Valley Demonstration Project came into being 

through the West Valley Demonstration Project Act of 

1980. The Act makes DOE responsible for solidifying the 

high-level waste, disposing of waste created by the solidification, and decommissioning the facilities used in the 

process. 


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H.R. 1138—West Valley Demonstration Project Reauthorization 

This bill reauthorizes the West Valley Demonstration 

Project located in West Valley, New York, through FY 

2026. 

The FY 2020 Budget request $78 million for the site, 

which provides for completion of deactivation activities at 

the Main Plant Process Building to reduce risk. The proposed legislation would not impact DOE’s legal obligations. 

CONCLUSION

Thank you again for the opportunity to testify today on 

behalf of DOE. The Department appreciates the ongoing 

bipartisan efforts to address our nation’s energy challenges, and looks forward to working with the Committee 

on the legislation on today’s agenda and any future legislation 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the changes in existing law made by the original Act, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman): 

WEST VALLEY DEMONSTRATION PROJECT ACT 

Public Law 96–368, as Amended 

* * * * * * * 

SEC. 3. (a) There are authorized to be appropriated to the Secretary for the project not more than ø$5,000,000 for the fiscal year 

ending September 30, 1981¿ $75,000,000 for each of the fiscal years 

2020 through 2026. 

Æ 


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