II

104TH CONGRESS

1ST SESSION S. 473

To establish as the nuclear energy policy of the United States that no

new civilian nuclear power reactors shall be built until adequate waste

emplacement capacity is available, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24 (legislative day, FEBRUARY 22), 1995

Mr. WELLSTONE introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To establish as the nuclear energy policy of the United

States that no new civilian nuclear power reactors shall

be built until adequate waste emplacement capacity is

available, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Nuclear Energy Policy

5 Act of 1995’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

•S 473 IS

1 (1) a national energy policy that allows the con2 struction and operation of new civilian nuclear power

3 reactors may serve to aggravate the problem of man4 agement of high-level nuclear waste including spent

5 nuclear fuel from the reactors;

6 (2) the creation of the nuclear waste has a di7 rect effect on the amount of nuclear waste trans8 ported in interstate commerce; and

9 (3) it is not in the public interest, and it should

10 not be the policy of the United States, to allow the

11 construction or operation in the United States of

12 any additional civilian nuclear power reactor unless

13 a facility for the permanent emplacement of the

14 waste exists with enough capacity for the waste that

15 the reactor is reasonably expected to generate in its

16 lifetime.

17 SEC. 3. PURPOSE.

18 The purpose of this Act is to ensure that the United

19 States does not aggravate the nuclear waste problem by

20 permitting the creation of a new generation of civilian nu21 clear power reactors without adequate capacity in a per22 manent waste emplacement facility by establishing as the

23 nuclear energy policy of the United States that no new

24 civilian nuclear power reactor shall be built until adequate

25 waste emplacement capacity is available.
3

•S 473 IS

1 SEC. 4. NUCLEAR ENERGY POLICY OF THE UNITED STATES.

2 (a) ADEQUATE EMPLACEMENT FACILITY.—No civil3 ian nuclear power reactor shall be built after the date of

4 enactment of this Act until—

5 (1) there is a facility licensed by the United

6 States for the permanent emplacement of high-level

7 radioactive waste (including spent nuclear fuel) from

8 the reactor; and

9 (2) there is an adequate volume of capacity

10 within the emplacement facility to accept all of the

11 high-level radioactive waste (including spent nuclear

12 fuel) that will be generated by the reactor during the

13 reasonably foreseeable operational lifetime of the re14 actor.

15 (b) GENERATION OF SPENT FUEL.—At no time shall

16 the aggregate volume of high-level radioactive waste (in17 cluding spent nuclear fuel) that is generated, or reason18 ably expected to be generated, by all civilian power reac19 tors on which federally authorized construction was begun

20 after the date of enactment of this Act exceed the total

21 volume of capacity available in facilities licensed by the

22 United States for the permanent emplacement of the high23 level radioactive waste (including spent nuclear fuel).

24 SEC. 5. ENFORCEMENT.

25 Any affected citizen may enforce this Act by bringing

26 a civil action in the United States district court for the
4

•S 473 IS

1 district in which the person resides or in the United States

2 District Court for the District of Columbia.

Æ