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And Short-Term Spent Fuel Storage Programs S. HRG. 109–1074 OVERSIGHT ON NRC’S REGULATORY RESPONSIBIL- ITIES AND CAPABILITIES FOR LONG- AND SHORT-TERM SPENT FUEL STORAGE PROGRAMS HEARING BEFORE THE SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE, AND NUCLEAR SAFETY OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION SEPTEMBER 14, 2006 Printed for the use of the Committee on Environment and Public Works ( Available via the World Wide Web: http://www.access.gpo.gov/congress.senate U.S. GOVERNMENT PRINTING OFFICE 47–642 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED NINTH CONGRESS SECOND SESSION JAMES M. INHOFE, Oklahoma, Chairman JOHN W. WARNER, Virginia JAMES M. JEFFORDS, Vermont CHRISTOPHER S. BOND, Missouri MAX BAUCUS, Montana GEORGE V. VOINOVICH, Ohio JOSEPH I. LIEBERMAN, Connecticut LINCOLN CHAFEE, Rhode Island BARBARA BOXER, California LISA MURKOWSKI, Alaska THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota HILLARY RODHAM CLINTON, New York JIM DEMINT, South Carolina FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia BARACK OBAMA, Illinois DAVID VITTER, Louisiana ANDREW WHEELER, Majority Staff Director KEN CONNOLLY, Minority Staff Director SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE, AND NUCLEAR SAFETY GEORGE V. VOINOVICH, Ohio, Chairman CHRISTOPHER S. BOND, Missouri THOMAS R. CARPER, Delaware JIM DEMINT, South Carolina JOSEPH I. LIEBERMAN, Connecticut JOHNNY ISAKSON, Georgia FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana BARACK OBAMA, Illinois (II) CONTENTS Page SEPTEMBER 14, 2006 OPENING STATEMENTS Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 7 Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 5 Jeffords, Hon. James M., U.S. Senator from the State of Vermont .................... 3 Lautenberg, Hon. Frank R., U.S. Senator from the State of New Jersey, prepared statement .............................................................................................. 36 Reid, Hon. Harry, U.S. Senator from the State of Nevada, prepared state- ment ...................................................................................................................... 36 Voinovich, Hon. George V., U.S. Senator from the State of Ohio ........................ 1 WITNESSES Bowman, Admiral Frank L. ‘‘Skip’’, U.S.N. (Retired); president and CEO, Nuclear Energy Institute ..................................................................................... 23 Prepared statement .......................................................................................... 65 Gilinsky, Victor, independent energy consultant .................................................. 26 Prepared statement .......................................................................................... 71 Responses to additional questions from: Senator Inhofe ........................................................................................... 72 Senator Voinovich ..................................................................................... 73 Johnson, R. Shane, Principal Deputy Assistant Secretary, Office of Nuclear Energy, U.S. Department of Energy ................................................................... 11 Prepared statement .......................................................................................... 56 Reyes, Luis A., Executive Director of Operations, U.S. Nuclear Regulatory Commission ........................................................................................................... 18 Prepared statement .......................................................................................... 59 Responses to additional questions from: Senator Inhofe ........................................................................................... 62 Senator Jeffords ......................................................................................... 63 Senator Voinovich ..................................................................................... 64 Sproat, Edward F. III, Director, Office of Civilian Radioactive Waste Manage- ment, U.S. Department of Energy ...................................................................... 8 Prepared statement .......................................................................................... 46 Responses to additional questions from: Senator Inhofe ........................................................................................... 47 Senator Voinovich ..................................................................................... 48 ADDITIONAL MATERIAL Letters from: Attorneys General of California, Connecticut, Illinois, Maine, Minnesota, New Hampshire, New Jersey, New York, Vermont and Wisconsin, Sep- tember 7, 2006 ............................................................................................... 41–45 Coalition of Northeastern Governors: Carcieri, Donald L., chairman, Governor of Rhode Island, August 2, 2006 ..................................................................................................... 39–40 Douglas, James H., Lead Governor for Energy, Governor of Vermont, August 2, 2006........................................................................................ 39–40 Report, Investment Portfolio, Nuclear Waste Fund, Department of Energy, September 2006 .................................................................................................... 51–55 Speech, Victor Gilinsky, Tucson, AZ, February 28, 1983...................................... 74–86 (III) OVERSIGHT ON NRC’S REGULATORY RESPON- SIBILITIES AND CAPABILITIES FOR LONG- AND SHORT-TERM SPENT FUEL STORAGE PROGRAMS THURSDAY, SEPTEMBER 14, 2006 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE, AND NUCLEAR SAFETY, Washington, DC. The subcommittee met, pursuant to notice, at 9:35 a.m. in room 406, Dirksen Senate Office Building, Hon. George V. Voinovich (chairman of the subcommittee) presiding. Present: Senators Voinovich, Inhofe, Carper, and Jeffords. OPENING STATEMENT OF HON. GEORGE V. VOINOVICH, U.S. SENATOR FROM THE STATE OF OHIO Senator VOINOVICH. The meeting will come to order. This hearing is on the Nuclear Regulatory Commission’s regulatory responsibil- ities and capabilities for long- and short-term spent fuel storage programs. We believe that strong oversight is critical in this area. At previous oversight hearings, we have focused specifically on the NRC’s new reactor licensing process to steer the Agency to- wards making its process more efficient and timely. The NRC is faced with a huge challenge in having to process a tidal wave of new reactor license applications that are expected within the next 2 to 3 years in the magnitude that has not been seen in the last 25 years or so. For this reason, we have made strong oversight of the NRC a top priority for this subcommittee. We need to make sure that the Commission is taking a balanced approach as a regulator that en- sures the safe operation of the existing fleet of nuclear plants with- out stifling the growth of nuclear power. A long-term commitment to nuclear energy will make the United States more energy independent and energy efficient. This Con- gress and the President demonstrated strong leadership by enact- ing the Energy Policy Act of 2005, which encourages diversity of energy sources, including emission-free sources of electricity such as nuclear energy. In order to fully realize the benefits that nuclear power offers, however, a solution for the problem of disposal of spent nuclear fuel must be found. Since the enactment of the Nuclear Waste Policy Act of 1982, which requires that a final disposal facility be oper- (1) 2 ational by 1998—did you hear that? By 1998. Ratepayers across America have paid over $27 billion to the nuclear waste fund and continue to pay an additional $750 million each year. Yet, here we are, 2006, and the Energy Department has yet to submit a license application to the NRC. While I am encouraged by the Administration’s bill introduced by request by Senators Inhofe and Domenici to provide needed Yucca Mountain reforms, I believe it is even more critical that the Fed- eral Government commit itself to the implementation of the exist- ing law. In the meanwhile, the Administration earlier this year called out the global nuclear energy partnership for the long-term reduction of waste through reprocessing. It is referred to as GNEP. At the same time, the fiscal year 2007 energy and water appro- priations bill includes a provision requiring establishment of in- terim waste storage sites around the country. These provisions re- quire a lot from the NRC in a short period of time. This committee has worked very hard to give the NRC the resources and reforms needed so that it can efficiently review new reactor applications. But now, I’m afraid that these waste proposals have the potential to move us backwards and could end the nuclear renaissance before it even begins. Also, I believe that pursuing GNEP and interim storage could take the focus away from Yucca Mountain, delaying or ending that important project. I question whether DOE can select and submit license applica- tions for 30 or so interim storage facilities within 300 days of en- actment of this legislation, as
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