NCAI

Nuclear Waste Policy Legislation

Bills on nuclear waste management in the 106th Congress include the Nuclear Waste Policy Act of 1999 (S. 608), the Nuclear Waste Policy Act of 1999 (H.R. 45), and the Independent Spent Nuclear Fuel Storage Act of 1999 (S.683). S. 608 is tentatively scheduled for markup by the Senate Energy and Natural Resources Committee in June; H.R. 45 await floor action, and S. 638 has been referred to the Senate Energy and Natural Resources Committee.

S. 608 and H.R. 45, both amend the Nuclear Waste Policy Act of 1982 et seq. (NWPA) and call for the Department of Energy (DOE) to accept spent fuel and high-level radioactive waste no later than January 2003, to construct an interim storage facility at Yucca Mountain Nevada, and ensure transportation and planning readiness. S. 608 has comprehensive provisions to fund affected Indian tribes for oversight activities, but H.R. 45 only includes tribes for payment in lieu of taxes until the termination of the integrated management system of activities. Both bills provide grant awards to tribes and states for development and implementation of emergency preparedness plans and response capability. H.R. 45 contains language to prevent nuclear utilities from suing the DOE for failure to meet statutory requirements to accept and remove spent nuclear fuel from nuclear utilities. An amendment to H.R. 45 that would have precluded the Skull Valley Goshute Tribe from federal authorization to operate their proposed interim spent fuel storage facility, was defeated in a committee markup.

Senate action is on hold in an attempt to reach a compromise that would keep nuclear waste out of Nevada. The Clinton administration has long opposed developing an interim storage facility at Yucca Mountain at this time, or at least until scientific studies produce evidence on the project's feasibility. The House will likely hold off until the Senate concludes committee markup.

S. 683 provides offset credits for spent fuel storage costs borne by commercial nuclear utilities under contract with the DOE. The credit is for imposed Nuclear Waste Fund fees under Section 302 of the NWPA. The Nuclear Waste Fund is used for site characterization studies and related preparation activities for a high-level radioactive waste and spent nuclear fuel geologic disposal site.