I
103D CONGRESS
2D SESSION
H. R. 5061
To amend the Nuclear Waste Policy Act of 1982 to clarify the obligation
of the Federal Government to take possession of and title to high-
level radioactive waste and spent nuclear fuel and provide for its timely
and safe transportation, storage, and disposal, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 20, 1994
Mr. TOWNS (for himself, Mr. GILLMOR, Mr. BARCIA of Michigan, Mr.
EHLERS, Mr. OXLEY, Mr. BARLOW, Mr. UPTON, Mr. MINGE and Mr.
HILLIARD) introduced the following bill; which was referred jointly, to the
Committees on Energy and Commerce and Natural Resources
A BILL
To amend the Nuclear Waste Policy Act of 1982 to clarify
the obligation of the Federal Government to take posses-
sion of and title to high-level radioactive waste and spent
nuclear fuel and provide for its timely and safe transpor-
tation, storage, and disposal, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Integrated
Spent Fuel and High-Level Waste Management Act of
1994’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) CONGRESSIONAL FINDINGS.—The Congress finds
the following:
(1) The transportation, storage, and disposal of
high-level radioactive waste and spent nuclear fuel is
a matter of national urgency that is the responsibil-
ity of this generation.
(2) The utility generators and owners of high-
level radioactive waste and spent nuclear fuel, to-
gether with their customers, have met, and will con-
tinue to meet, their obligations under the Nuclear
Waste Policy Act of 1982 to provide for the cost of
siting, licensing, construction, and operation of a
Federal waste management system.
(3) Some utilities have now exhausted their
spent nuclear fuel pool storage capacity, a total of
26 nuclear power reactors will reach their spent nu-
clear fuel pool storage capacity by the end of 1998,
and approximately 80 nuclear power reactors will be
without spent nuclear fuel pool storage capacity by
2010. As a result, utility rate payers face significant
costs associated with expanding storage capacity at
reactor sites, and continued delay is unacceptable.
(4) Federal efforts to site, license, construct,
and operate disposal facilities in accordance with the
provisions of the Nuclear Waste Policy Act of 1982
have not met the timetables contemplated by such
Act.
(5) The Secretary of Energy has a clear and
unconditional obligation to take possession of and
title to high-level radioactive waste and spent nu-
clear fuel beginning not later than January 31,
1998.
(6) Notwithstanding the passage of 12 years
since enactment of the Nuclear Waste Policy Act of
1982, the payment of more than $8,400,000,000
into the Nuclear Waste Fund during such period,
and the additional programmatic direction provided
by the Congress in the 1987 amendments to such
Act, the projected date of commencement of oper-
ations at a repository is, under the most optimistic
of assumptions, 2010.
(7) Until a repository is operational, interim
storage will continue to be required for high-level ra-
dioactive waste and spent nuclear fuel.
(8) In light of the obligation of the Secretary of
Energy to accept high-level radioactive waste and
spent nuclear fuel beginning not later than January
31, 1998, the Secretary must establish an interim
storage facility for such waste and spent fuel by
such date.
‘‘(7)(A)(i) Notwithstanding any other provision of
this Act or other law, the terms of the contracts entered
into pursuant to this section, or the commencement of op-
erations of a repository, the Secretary shall, by not later
than January 31, 1998, begin taking possession and pro-
viding for the removal from existing storage facilities of
the high-level radioactive waste and spent nuclear fuel cov-
ered by such contracts.
‘‘(ii) A means of fulfilling the obligation set forth in
clause (i) shall be the Federal Integrated Spent Fuel and
High-Level Waste Management Program established in
section 162.
‘‘(B) The Secretary shall take possession and provide
for the removal of the high-level radioactive waste and
spent nuclear fuel referred to in subparagraph (A) in ac-
cordance with the acceptance priority ranking as required
by the contracts entered into pursuant to this section.
‘‘(C) As any high-level radioactive waste or spent nu-
clear fuel referred to in subparagraphs (A) and (B) comes
into the possession of, and is removed by, the Secretary,
title to such waste or spent fuel shall transfer to the
Secretary.’’.
SEC. 4. FEDERAL INTEGRATED SPENT FUEL AND HIGH-
LEVEL WASTE MANAGEMENT PROGRAM.
(a) IN GENERAL.—Subtitle E of title I of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is
amended by adding at the end the following new section:
‘‘FEDERAL INTEGRATED SPENT FUEL AND HIGH-LEVEL
WASTE MANAGEMENT PROGRAM
‘‘SEC. 162. (a) ESTABLISHMENT.—The Secretary
shall establish and administer in accordance with this sec-
tion a Federal Integrated Spent Fuel and High-Level
Waste Management Program as a means of fulfilling, in
a safe, efficient, and cost-effective manner, the responsibil-
ity of the Federal Government to take possession and pro-
vide for the removal from existing storage facilities of, and
take title to, high-level radioactive waste and spent nuclear
fuel as provided in section 302(a)(7), and to provide for
the management of high-level radioactive waste and spent
nuclear fuel in accordance with subsection (b).
‘‘(b) COMPONENTS OF PROGRAM.—The Federal Inte-
grated Spent Fuel and High-Level Waste Management
Program shall include the following components:
‘‘(1) Development and use of a multipurpose
canister system or systems for the transportation,
storage, and disposal of spent nuclear fuel.
‘‘(2) Development of the transportation infra-
structure required to carry out the storage and dis-
posal of high-level radioactive waste and spent nu-
clear fuel in accordance with the Program.
‘‘(3) Establishment of an interim storage facil-
ity for high-level radioactive waste and spent nuclear
fuel, consistent with applicable licensing and envi-
ronmental protection requirements, by not later than
January 31, 1998.
‘‘(4) Disposal of high-level radioactive waste
and spent nuclear fuel in a repository developed
under this Act.
‘‘(c) PROGRESS REPORTS.—The Secretary shall sub-
mit to the Congress, not later than 120 days after the
date of the enactment of this section and annually there-
after, a comprehensive progress report with specific details
of how the Secretary is implementing the Federal Inte-
grated Spent Fuel and High-Level Waste Management
Program. Each report shall also include a list of rec-
ommendations for the continued successful implementa-
tion of the Program and any proposed implementing legis-
lation. Prior to submission of any such report, the Sec-
retary shall publish in the Federal Register a notice of
the availability of a draft of the report, and shall solicit
comments from interested parties.’’.
Æ