Nuclear Waste Policy Act Legislation

Although the Senate passed a bill (S.1287), amending the Nuclear Waste Policy Act of 1982, as amended, on February 10, it is not expected to withstand a promised Presidential veto. The Senate vote on S.1287 is part of a continuing effort by the Congress to craft a solution to the complex problem of high-level radioactive waste and spent nuclear fuel from commercial nuclear reactors which generate electricity for public consumption.

S.1287 contains controversial provisions which were inserted then deleted in the final adoption. As a result, some Senators supported then opposed the bill in the end. The bill authorizes the Department of Energy to offer the utilities a settlement in the form of cash and storage casks until a final repository is built by the Department of Energy (DOE). The DOE was supposed to remove all commercial spent fuel from reactor sites on January 31, 1998. Because the deadline passed and the DOE could not fulfill its obligation, DOE Secretary Bill Richardson proposed that the DOE take title and management responsibility for on-site storage at reactor sites.

Another contentious provision involves restrictions on the Environmental Protection Agency (EPA) as the lead agency to set radiation exposure standards at Yucca Mountain. Senate Natural Resources Committee Chairman Frank Murkowski (R-AK) made a last minute change in his wish that the Nuclear Regulatory Commission set radiation standards. The current bill provides for the EPA to set the standards which are lower than the NRC standards and it also has a separate ground water standard. However, the bill does not allow the EPA to do its work until June 1, 2001. Opponents saw the stipulation as a delay tactic for further revision because of the possibility that a Republican administration would be in place.

The 63-34 vote on the bill's passage is not enough to override a promised veto by President Clinton who opposes the bill because of the EPA restrictions and the short timetable of repository opening and transportation activities. Ironically, the bill contains provisions for safe routine transportation, requiring the DOE Secretary to ensure that no shipments will take place until "personnel in all tribal, state, and local jurisdictions on primary and alternative shipping routes have met acceptable standards of training for emergency responses to accidents involving spent nuclear fuel and high-level radioactive waste." However, tribes adjacent and near nuclear reactors support legislation that would take reduce the risk of radioactive waste contamination by removing spent nuclear fuel stored on-site. The House has not moved on companion legislation and it is not a high priority for action.

Yucca Mountain Draft Environmental Impact Statement Comments Deadline Extended

The deadline for comments to the Draft Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain has been extended to February 28, 2000. The notice for the nineteen day extension was published in the Federal Register on Tuesday, February 8. Written comments should be directed to: Ms. Wendy Dixon, EIS Program Manager, M/S010, U.S. Department of Energy, Office of Civilian Radioactive Waste Management, P.O. Box 30307, North Las Vegas, NV 89036-0307. Fax comments can be sent to 800.967.0739. Comments can be sent over the Internet to http://www.ymp.gov .

Tribes Urged to Comment on NRC Rule to Notify Tribes About Radwaste Shipments

The U.S. Nuclear Regulatory Commission (NRC) is seeking comments as it considers an amendment to its regulations. NRC licensees would have to notify Native American tribal governments of shipments of certain types of high-level radioactive waste, including spent nuclear fuel, prior to transport to or across the boundary of tribal lands. Current NRC regulations require advance notification of these shipments to states. In recognition of tribal sovereignty and the need for tribes to be informed about activities that occur on tribal lands, the NRC seeks to extend these regulations to include advance notification of these shipments to federally-recognized tribes. The advance notice of proposed rulemaking was published in the Federal Register on December 21, and the deadline for comments is March 22, 2000. The NCAI has learned that tribal comments are minimal and urge tribal leaders to step forward and send in their comments in favor the tribal notification. The NCAI will be sending in comments, but also plans to send a letter requesting an extension of the March deadline. Comments may be sent to: The Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings and Adjudication Staff. Comments can be submitted over the Internet to: http://ruleforum.llnl .


DOE Indian Policy Revision Update

The revision of the Department of Energy (DOE) American Indian and Alaska Native Tribal Government Policy is proceeding, but at a slower pace than expected. The reason is a positive one - many comments have been received by the NCAI from tribal leaders which require substantive evaluation and synthesis into the Draft II document which will then be released as Draft III. The timeframe for Draft III release will follow the NCAI Executive Council Winter Session in Washington, D.C, probably the first week in March. The NCAI anticipates additional comments from tribal delegates to the Executive Council session. Comments to Draft III will be due by March 31. As with similar documents with policy implications for Indian country, close examination and deliberation is necessary. Once the Final Draft is delivered to the DOE, discussion and collaboration will take place regarding a final product. The NCAI is appreciative of the response from Indian country regarding input into this important policy revision process.

For further information on NCAI Nuclear Waste Program information, contact Robert Holden at the NCAI (202)466-7767.
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