U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–011 2000

106th Congress, 2d Session – – – – – – – – – – – – – Senate Document 106–19

VETO–S. 1287

(PM 101)

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

RETURNING

WITHOUT MY APPROVAL S. 1287, NUCLEAR WASTE POLICY

AMENDMENTS ACT OF 2000

APRIL 26, 2000.—Ordered to be printed

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To the Senate of the United States:

I am returning herewith without my approval S. 1287, the ‘‘Nuclear Waste Policy Amendments Act of 2000.’’

The overriding goal of the Federal Government’s high-level radioactive waste management policy is the establishment of a permanent, geologic repository. This policy not only addresses commercial

spent nuclear fuel but also advances our non-proliferation efforts

by providing an option for disposal of surplus plutonium from nuclear weapons stockpiles and an alternative to reprocessing. It supports our national defense by allowing continuing operation of our

nuclear navy, and it is essential for the cleanup of the Department

of Energy’s nuclear weapons complex.

Since 1993, my Administration has been conducting a rigorous

world-class scientific and technical program to evaluate the suitability of the Yucca Mountain, Nevada, site for use as a repository.

The work being done at Yucca Mountain represents a significant

scientific and technical undertaking, and public confidence in this

first-of-a-kind effort is essential.

Unfortunately, the bill passed by the Congress will do nothing to

advance the scientific program at Yucca Mountain or promote public confidence in the decision of whether or not to recommend the

site for a repository in 2001. Instead, this bill could be a step backward in both respects. The bill would limit the Environmental Protection Agency’s (EPA) authority to issue radiation standards that

protect human health and the environment and would prohibit the

issuance of EPA’s final standards until June 2001. EPA’s current

intent is to issue final radiation standards this summer so that

they will be in place well in advance of the Department of Energy’s

recommendation in 2001 on the suitability of the Yucca Mountain

site.

There is no scientific reason to delay issuance of these final radiation standards beyond the last year of this Administration; in fact,

waiting until next year to issue these standards could have the unintended effect of delaying a recommendation on whether or not to

go forward with Yucca Mountain. The process for further review of

the EPA standards laid out in the bill passed by the Congress

would simply create duplicative and unnecessary layers of bureaucracy by requiring additional review by the Nuclear Regulatory

Commission and the National Academy of Sciences, even though

both have already provided detailed comments to the EPA. This

burdensome process would add time, but would do nothing to advance the state of scientific knowledge about the Yucca Mountain

site.

Finally, the bill passed by the Congress does little to minimize

the potential for continued claims against the Federal Government

for damages as a result of the delay in accepting spent fuel from

utilities. In particular, the bill does not include authority to take
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title to spent fuel at reactor sites, which my Administration believes would have offered a practical near-term solution to address

the contractual obligation to utilities and minimize the potential for

lengthy and costly proceedings against the Federal Government.

Instead, the bill would impose substantial new requirements on the

Department of Energy without establishing sufficient funding

mechanisms to meet those obligations. In effect, these requirements would create new unfunded liabilities for the Department.

My Administration remains committed to resolving the complex

and important issue of nuclear waste disposal in a timely and sensible manner consistent with sound science and protection of public

health, safety, and the environment. We have made considerable

progress in the scientific evaluation of the Yucca Mountain site and

the Department of Energy is close to completing the work needed

for a decision. It is critical that we develop the capability to permanently dispose of spent nuclear fuel and high-level radioactive

waste, and I believe we are on a path to do that. Unfortunately,

the bill passed by the Congress does not advance these basic goals.

WILLIAM J. CLINTON.

THE WHITE HOUSE, April 25, 2000.

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