Page images
PDF
EPUB

an agreement program as provided for in Section 274 of the AEA. The apparent justification for the proposed legislation stems from the fact that NRC believes its legal authority to regulate tailings is terminated once the source material license for the uranium mill itself is terminated. Although the Council recognizes the need to protect the public health and safety from any potential adverse effects due to the long-term disposal of the mill tailings, the proposed legislation creates several problems which need to be addressed.

The proposed legislation amends the AEA to explicitly redefine the definition of by-product material to include the natural occurring radioactivity contained in the uranium mill tailings. Conceivably, this could create a situation where the Commission would require two separate licenses for a uranium mill -- one for processing of source material and the second for disposing of the by-product material or tailings. This could result in two separate licensing tracks replete with public hearings and environmental impact statements. The bill should be revised to provide for one license and one licensing procedure which takes into account all of the relevant considerations, including the disposition of the tailings material.

We disagree with the testimony presented by the State of New Mexico that the new definition of by-product material includes mine wastes. No sufficient justification or need has been presented to this Subcommittee to include mine wastes as by-product material. The legislative history accompanying the proposed legislation should make it explicitly clear that it is not the intent to include mine wastes in the definition of by-product material.

Section 2 prohibits the Commission from licensing mill tailings for a 3 year period following the date of enactment of the proposed legislation. There is no indication of what is intended to transpire after the 3 year period concerning existing mill tailing disposal sites either at active or inactive uranium mill

-

sites. Presumably, NRC could retroactively apply regulatory criteria to active

mill sites that have been regulated during the interim by Agreement States. The

retroactive application of NRC criteria could place an economic hardship on mill operations and could possibly disrupt production. This uncertainty could be removed from the legislation by grandfathering existing mills.

Section 3 of the proposed legislation amends the AEA to allow the Department of Energy to accept donations of reclaimed land used for the disposal of mill tailings. However, the bill fails to define either implicity or explicity what constitutes reclaimed land. It should be modified to clearly define the requisite conditions upon which land would be acceptable for donation.

More fundamentally, the bill fails to address the central issue of the transfer of responsibility for the mill tailings upon donation. Since the natural occurring radioactivity contained in the mill tailings is long-lived, there may be a need for perpetual care and monitoring. How much perpetual care and monitoring is open

to question and hopefully will be resolved when NRC finalizes its generic environmental impact statement on mill tailings. The question is whether or not the responsibility for these activities is conveyed to the Federal Government upon donation. It may turn out that this question moot if in fact reclaimed land is defined as land not requiring any of the activities mentioned above.

Precedent already exists for the Federal Government's assumption of the long-term responsibility for nuclear wastes. Under present NRC regulations, 10 CFR 50 Appendix F, NRC must accept title to high-level waste upon transfer to a Federal repository. (Incidently, the provision contained in Section 3 which excludes NRC from assignment of custody of donated mill tailing sites appears to be inconsistent with this Federal Regulation.) The question of long-term re

Long-term responsibility

sponsibility becomes important in a situation where a mill operator disposes of mill tailings at a site located on federal or state lands. for mill tailings must be addressed and determined before a truely effective regulatory system can be established for mill tailings.

Section 4 amends the AEA to require that the Commission establish by rule, regulation or order such standards and instructions to ensure that funds will.

be made available by the licensee for the completion of all requirements established by the Commission for the decommissioning, decontamination, and reclamation,

. and long-term care of sites, structures and equipment used in conjunction with facilities or materials licensed under the AEA. As drafted this proposed pro

-

vision applies to all types of facilities and materials licensed by the NRC, including nuclear power plants not just uranium mill tailing disposal sites. This is a broad, new and sweeping authority granted to NRC without any justification in the hearing record for such a requirement; also there are no guidelines or criteria under which such funds would be required. The provision goes far beyond the scope of the bill and whether it has merit or not, it is inappropriate to include it in this bill which is addressing a specific problem. In any event, we are opposed to the provision even as it relates to mill tailings, since it appears that there has been no consideration given at all to the potential economic impact it might have on the operation of uranium mills.

Finally, with respect to stabilization of mill tailings, NRC in the past has set out general regulatory guidelines for acceptable procedures and programs which are not necessarily regulatory requirements. However, during the licensing process, these guidelines are applied as if they were regulations. Therefore, we recommend that the Commission be required to formally codified such regulations so that the regulations would be subject to appropriate public review and Congressional oversight.

Attachment 1

Aerojet Manufacturing Company

Alabama Power Company

Allied Chemical Corporation Allied-General Nuclear Services

COUNCIL MEMBERS

American Electric Power Service Corporation American Kining Congress

American Public Power Association

Arizona Electric Power Cooperative, Inc.
Arizona Public Service Company

Associated Electric Cooperative, Inc.
Atlas Corporation

Atomics International Division

Rockwell International Corporation

The Betcock & Wilcox Company
Baltimore Gas & Electric Company

Bechtel Power Corporation

Boeing Engineering & Construction Division Bokum Resources Corporation

Boston Edison Company

C. F. Braun & Company
Brown & Root, Inc.
Burns & Roe, Inc.

Byron Jackson Pump Division
Borg-Warner Corporation
Carolina Power & Light Company
Central lowa Power Cooperative
Central Maine Power Company
Chem-Nuclear Systems, Inc.
Chicago Bridge & Iron Company
Clifton & Company

Combustion Engineering, Inc.
Commonwealth Edison Company
Consolidated Edison Company of
New York, Inc.

Consumers Power Company
Continental 011 Company
CT1-Nuclear

Curtiss-Wright Corporation
Dallas Power & Light Company
The Detroit Edison Company
Duke Power Company

Eagle-Picher Industries, Inc.
Ebasco Services Incorporated
Eberline Instrument Corporation
Ecological Analysts, Inc.
EDS Nuclear, Inc.

EG&G, Inc.

Electro-Kucleonics, Inc.
Exxon Kuclear Company, Inc.

Florida Power & Light Company

Fluor Corporation

General Atomic Company

General Electric Company

General Public Utilities Service
Corporation

Georgia Power Company
Gibbs & Hill, Inc.
Gilbert/Commonwealth Co-panies
Houston Lighting & Power Company
lowa-111inois Gas & Electric Company
lows Power & Light Company

Jersey Central Power & Light Company
C. R. Johnson Associates
Johnson & Higgins

J. A. Jones Construction Company
Kansas City Power & Light Company

Kansas Gas & Electric Company
Kerr-McGee Corporation

Long Island Lighting Company
Lucky PcUranium Company
Madison Ges & Electric Company
Marsh & McLennan, Inc.
Metropolitan Edison Company
MPR Associates, Inc.

Mutual Atomic Energy Liability
Underwriters

National Association of Electric
Companies

National Rural Electric Cooperative
Association

New York State Electric & Gas Corporation
Niagara Pohawk Power Corporation

Northeast Utilities

Nuclear Associates International
Corporation

Nuclear Energy Liability-Property

Insurance Association

Kuclear Energy Services, Inc.

Nuclear Engineering Company, Inc.

Nuclear Exchange Corporation

Nuclear Fuel Services Corporation

Nuclear Services Corporation

NUS Corporation

Offshore Power Systems

Omaha Public Power District
Pacific Gas & Electric Company
Pathway Bellows, Inc.
Pennsylvania Electric Company
Phillips Petroleum Company
Pickard, Lowe & Garrick, Inc.
Potomac Electric Power Company
Prulease, Inc.

Public Service Co. of Colorado

Public Service Co. of New Hampshire

Public Service Co. of New Mexico

Public Service Co. of Oklahoma

Puget Sound Power & Light Company
Reactor Controls, Inc.

The Rockbestos Company

Science Applications, Inc.

Southern Calfiornia Edison Company
Southwestern Public Service Company

The S. M. Stoller Corporation

Stone & Webster Engineering Corporation
Texas Electric Service Company
Texas Power & Light Company

Toledo Edison Company

Union Carbide Corporation

Union Electric Company

United Nuclear Corporation

United States Steel Corporation

Vermont Yankee Nuclear Power Corporation

Virginia Electric & Power Company

Washington Public Utility Districts
Association, Inc.

The Washington Water Power Company
Western Kuclear, Inc.

Westinghouse Electric Corporation
Wisconsin Electric Power Company
Wisconsin Power & Light Company

Visconsin Public Service Corporation

32-331 - 78 - 36

Southwest Research and Information Center
P.O. Box 4524 Albuquerque, New Mexico 87106

LEGAL OFFICE: Rt. 3, Box 99, Santa Fe, NM 87501

[blocks in formation]

This letter is for the purpose of transmitting Southwest Research and Information Center's comments on H.R. 1382, Amendments to the Atomic Energy Act of 1954. I regret that I was unable to attend the subcommittee's hearings on this bill on July 10, 1978.

Very truly yours,

Denise D. Fort

Denise D. Fort Im
Attorney

DDF/jm

CC

Representative Manual Lujan
Representative Harold Runnels
Mr. Brant Calkin

Enclosures

« PreviousContinue »