July 9, 2002 CONGRESSIONAL RECORD — SENATE S6451 The reason is quite clear: Because very kind of thing to happen. I hope Americans. We should have such a plan the Federal Government has demanded this afternoon, when we have an oppor- in place before moving forward on a from day one that those shipments be tunity to vote on the motion to pro- permanent repository plan. done in extraordinary ways, extraor- ceed, which, in fact, is a vote on wheth- It is unacceptable to me as a Senator dinary super-built containers, much of er we will allow the process to go for- that the Department of Energy has ig- it traveling by rail. The high-level ward, a majority of the Senate will nored the very real and daunting task waste that comes to Idaho is naval vote in favor of that motion to proceed. of developing a secure, comprehensive waste. It comes by rail. But the low- I yield the floor. transportation plan before seeking to level waste that leaves Idaho leaves by f authorize the Yucca Mountain site. highways in very well designed, tre- The simple fact is, the Congress RECESS mendously strong containers, and well- should not be considering nor should managed, selected routes, all of it guid- The PRESIDING OFFICER. Under the DOE have recommended authoriza- ed and monitored by GPS. It is tremen- the previous order, the Senate stands tion of the Yucca Mountain site before dously safe today as that waste goes in recess until 2:15 p.m. State and local officials were consulted from Idaho to the Waste Isolation Pilot Thereupon, at 12:30 p.m., the Senate and a comprehensive transportation Plant in Carlsbad, NM. recessed until 2:15 p.m. and reassem- plan has been finalized which takes Yes, we have a right to be concerned, bled when called to order by the Pre- into account their concerns and the but we do not have a right to use alarm siding Officer (Ms. STABENOW). people they represent. and fear where they should not exist. f Madam President, even though the Department of Energy has had years to But we have a right to do what is re- APPROVAL OF YUCCA MOUNTAIN develop such a plan, they don’t have sponsible to keep it out of our popu- REPOSITORY—MOTION TO PRO- one. By the way, I thank Secretary lated areas, to move it in appropriate CEED—Continued fashions in less populated ways. Abraham. I have talked with him over The Senator from Nevada speaks The PRESIDING OFFICER. The Sen- the phone. He has been very gracious, about rail and an appropriate and safe ator from Minnesota. and I appreciate that. But when he tes- way to handle it, well demonstrated, Mr. WELLSTONE. Madam President, tified May 16, 2002, that the ‘‘Depart- well proved. And the Nuclear Regu- I yield myself 15 minutes. ment is just beginning to formulate its latory Commission may well want even The PRESIDING OFFICER. Without preliminary thoughts about a transpor- enhanced containers. But what I would objection, it is so ordered. tation plan,’’ to me, that is not enough suggest is that if we fail to act today Mr. WELLSTONE. Madam President, for my State or the country. to determine the next step, and many the Senate today is faced with an im- The Department spent $7 billion of these utilities go to a private loca- portant decision about whether to ship looking into Yucca Mountain geology tion and establish a private reposi- extremely hazardous, high-level nu- but less than $2 million on the trans- tory—as some are now contemplating— clear waste to a permanent repository portation of the nuclear waste. That then there is a strong possibility that, in Yucca Mountain. Let there be no works out at less than $10 million a in a much less regulated way, in a doubt in anyone’s mind, I would like to year for the last 20 years. This is a fun- much less orchestrated and monitored see this nuclear waste shipped safely damental flaw in the Department’s ap- way, we will see nuclear waste moving out of Minnesota. I wish I could respon- proach. So, to me, failing to plan for across this country simply because we sibly vote to support this resolution. I the safe and secure transport of nu- failed to act and failed to organize and regret that I cannot today vote in clear waste before approving the repos- failed to respond to a highly regulated, favor. itory site would be irresponsible. highly controlled, and highly mon- I have consistently said that before I recognize the industry has had a itored transportation system. the Department of Energy and the Con- generally safe record of transporting Those are the realities of where we gress make a final judgment that we small amounts of nuclear waste over are today with this industry and where are ready to begin shipping high-level the last 35 years. But shipments to we are today with the volume of nu- nuclear waste to a repository, there Yucca Mountain would be at an un- clear waste, high-level spent fuel nu- should be a carefully thought out, de- precedented level. The Department of clear waste that is building up in re- tailed plan in place, approved by the Energy estimates that transportation positories across the country. It isn’t NRC and the DOE, to transport this ra- to a central repository could involve damned if you do and damned if you dioactive waste and to manage all of the shipment of more than 46,000 tons don’t. It is a responsible and important the risks associated with that trans- of high-level radioactive nuclear waste step to take to move this resolution portation. across 40 States in 53,000 trucks or through to a licensing procedure which Although it has had over 30 years to 20,000 railcars. It is worth noting that will then have full transparency, which do so, the Department of Energy has even if the shipments were to begin will then have the ability of the Senate failed to develop such a safe—I empha- today, there are more than 200 million of the United States and the House to size ‘‘safe’’—waste transportation plan. Americans living in the 700-plus coun- do the kind of oversight necessary to While I want this high-level nuclear ties that are traversed by DOE’s poten- make sure that we can recognize what waste out of our State and think Yucca tial roads and rail lines. The popu- both Senators from Nevada, who are in Mountain may very well be the most lation is only going to grow, and grow the Chamber, need: The best assurance sensible location, I don’t think we more quickly, during the time DOE possible, in a zero sum game, if you can should move forward and commit our- needs to move nuclear waste across the get there, that this has been done to selves irrevocably until we have all of country. the maximum capability of the engi- the transportation and security issues Beginning in 2010, the DOE estimates neering talent of the best we have to addressed. that over 1,000 truck and rail ship- offer. Therefore, I have come to the conclu- ments of nuclear waste could well trav- The 10,000-year protocol established sion, through a careful examination of el through Minnesota, through our all of those kinds of things that meet congressional testimony, meetings most populated cities and towns such the standards that are so critically with DOE officials, including the Sec- as Minneapolis-St. Paul, Mankato, necessary to do what is right and re- retary of Energy, State energy officials Rochester, and the Twin City suburbs. sponsible for this country: store our and local leaders, that there are too So 683,000—looking at the proposed high-level waste in a deep geologic re- many uncertainties, too many unre- route—Minnesotans would live within 1 pository; cause the next step to hap- solved issues, and the risks are simply mile; 2,213,612 Minnesotans would live pen; advance the future of the nuclear too high for the citizens of Minnesota. within 5 miles; 3,121,718 Minnesotans industry; advance clean electrical en- I cannot now support this resolution. would live within 20 miles. That is ergy for our country well into the fu- We urgently need to develop a com- about half of the State’s population. ture. prehensive waste transportation plan This raises a very important and yet It is a responsible act that the Sen- and policy that protects the health and unanswered set of questions about the ate undertakes today to allow that safety of local communities and all risks of possible accidents or terrorist

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6452 CONGRESSIONAL RECORD — SENATE July 9, 2002 attacks, and how local communities fails to eliminate Minnesota’s nuclear portation System,’’ which I think en- through which the waste would travel waste. Nationwide, when the Yucca compasses a good deal of the concerns would manage the risk. That is why Mountain project is completed, there of the Senator from Minnesota. I en- the Conference of Mayors passed a res- will roughly be the same amount of courage that he review it at his leisure. olution just this past June expressing high-level nuclear waste at power- I also remind my colleagues that the serious concerns about the issue and plants across the country as there is issue before us is simply licensing and urging the Congress to prohibit the today. We simply cannot afford to the authority that this body gives the transport of waste until all cities—I in- overlook the real and pressing security Department of Energy to proceed with clude Minnesota cities and towns— concerns inherent with the transpor- the license. That licensing process will along the proposed transportation tation of this fuel, nor can we ignore legitimately conclude in an evaluation route have been consulted and have re- the fact that the next generation will of the adequacy of the transportation ceived adequate training and equip- still be left with similar problems of proposals either by rail, road, or a com- ment to protect the public health and what to do with the waste. bination of both involving the Nuclear safety of the citizens in the event of an I will conclude this way. We urgently Regulatory Commission, the Depart- accident. need to achieve a real solution to our ment of Transportation, the Depart- Again, I thank the Department of storage problem with high-level nu- ment of Energy, and the National Energy and I thank the Secretary for clear waste, as opposed to forcing au- Academy of Sciences. They are judged his graciousness. Unfortunately, DOE thorization of Yucca Mountain before to be the best experts as opposed to has yet to hold any public meetings in there is a comprehensive plan for those of us who obviously are not nec- recent years in Minnesota on the topic transporting the waste safely and se- essarily specialists but generalists in of, again, where is this going to go, curely before it is in place. this area, although we have some ex- what kind of training is there going to I believe the Department of Energy pertise in legislation. be, and how are we going to prevent an needs to immediately begin a true col- I also remind my colleagues that this accident? To me, this is a key issue. laborative process, seeking broad-based is the formal process of some 20 years Example: The DOE environmental stakeholder input on the real chal- in evolution of addressing the proce- impact statement maintains that ship- lenges of transportation safety and dure to address the waste. ping high-level spent fuel casks on emergency preparedness. While the De- I am sensitive to the needs of my col- mixed general freight trains is accept- partment of Energy has elected to pro- leagues from Nevada who obviously do able. This would permit casks of high- ceed with significant questions remain- not want the waste in their State, but level nuclear waste to be mixed among ing unresolved, a comprehensive trans- I remind my friend from Minnesota cars of corn, soybeans, autoparts, and portation plan developed through a that there are 835 metric tons of nu- other goods. I am concerned that the consultative process would give DOE’s clear fuel stored in Minnesota in two DOE’s regulations appear to be market proposal for Yucca Mountain the credi- locations, and that Minnesota has driven; mixed freight trains are cheap- bility it now lacks. The DOE should three nuclear units—Prairie Island 1 er than dedicated trains. immediately organize a stakeholder and 2 and Monticello. As a consequence of the procedures As the American Association of Rail- task force to develop transportation we have initiated, there appears to be roads testified, DOE’s position is ‘‘driv- recommendations that include the ex- one of two solutions: We either proceed en, no doubt, by economic consider- perts on the ground, such as Governors and let the experts in the agencies ad- ation.’’ But the safe transportation of and their safety agencies, local elected dress a transportation plan in the se- these highly toxic materials must take officials of the large and small towns quence that has been laid out that fol- precedence over any cost consider- where the waste will travel, emergency lows after the licensing, or we are ations. I agree with the American As- preparedness experts, and public health going to be right back where we were sociation of Railroads that dedicated and safety officials, and develop a re- 20 years ago on what to do with the trains would be a safer and more pru- sponsible plan that would transport waste. I can assure my colleagues, no- dent alternative. I would like to have this waste safely before a final decision body wants it, but we have created it, that laid out for me before we have a is made. and we have an obligation to take care final vote on the repository. I believe there are a whole host of of it. Madam President, I believe a trans- issues surrounding the transportation I would like to identify, so we can portation plan for nuclear waste ship- of nuclear waste material that must be move along in sequence, those speakers ments should have a ‘‘zero accident’’ addressed before final decisions are who have requested time on our side. goal, but as yet the DOE doesn’t even made on Yucca Mountain. We can We have Senator BINGAMAN, who has have a plan. A zero accident goal would make the decision next year or the asked for 10 minutes; Senator THOMAS, reflect a culture in which safety is year after. That would be fine with some 8 to 10 minutes; Senator CRAPO, 5 paramount and drives all aspects of the me—if these concerns can be met first. minutes; Senator KYL, 10 minutes. I transportation system. That goal en- Unfortunately, the administration would like to reserve some time for courages a culture of safety. has elected to force the issue before all myself, about 20 minutes. I know there are safety concerns these concerns can be sufficiently ad- The PRESIDING OFFICER. The Sen- about these materials being stored dressed. I want to be able to support ator from Nevada. where they are. The Department of En- this resolution. I would like to be able Mr. REID. Madam President, I will ergy has argued that we need to con- to vote to move the high-level nuclear say quickly that this document about solidate this waste in one location. But waste out of Minnesota. But I cannot, which my friend from Alaska refers is that argument overlooks the fact that in good conscience, do this before there not worth the paper on which it is writ- authorization of Yucca Mountain as a is a comprehensive plan in place to pro- ten. It talks about 4,300 shipments on permanent repository doesn’t solve tect Minnesotans as this radioactive trains—they have no trains at Yucca these concerns. The only reactors that waste is moved through our State to Mountain, 100 miles from any train. will get rid of their waste completely, Yucca Mountain, and from our State to This piece of trash—and that is what it according to the DOE, are those that Yucca Mountain. is—is typical of what the Department are closed today—and those are not in I think forcing the issue before such of Energy has done. It is one big lie Minnesota. a comprehensive plan is in place would after one big lie. According to the draft environmental be a serious mistake, and that is why I As indicated by anyone who looks at impact statement prepared by DOE, intend to vote no on this resolution. it, there are 292 reports that they did the Monticello and Prairie Island reac- The PRESIDING OFFICER. The Sen- not even wait to see what the answers tors will still have 111 and 344 metric ator from Alaska is recognized. would be. The General Accounting Of- tons of high-level nuclear waste, re- Mr. MURKOWSKI. Madam President, fice said that, not some radical envi- spectively, onsite when Yucca Moun- while I have the attention of the Sen- ronmental group—the General Ac- tain is full. ator from Minnesota, the Department counting Office. So the statements of Despite what the proponents would of Energy did a comprehensive analysis my friend from Minnesota are directly have us believe, the DOE’s proposal called ‘‘The Spent Nuclear Fuel Trans- on point. This means nothing.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6453 Madam President, in keeping with to have one repository. They will con- I was not here in 1982 when the law having some degree of preciseness on tinue to have 131, plus the mobile was passed, but clearly the lawmakers the floor—I will be happy to yield some Chernobyls that will be all over Amer- intended, and I believe wisely so, that time to my friend—I am going to yield ica on trucks, barges, and trains. Congress’s final review of this project 10 minutes in a minute to the Senator I yield 10 minutes to the Senator would be within 90 days, or very short- from Minnesota and then it is my un- from Minnesota. ly before the Department of Energy derstanding the Senator from Alaska The PRESIDING OFFICER. The Sen- made its application to the Nuclear will yield 10 minutes to the Senator ator from Minnesota. Regulatory Commission; in other from New Mexico, and following that, I Mr. DAYTON. I thank the Chair. words, after all the testing and design will yield 10 minutes to the Senator Madam President, I thank my very and evaluation had been completed. distinguished colleague from Nevada from California, Mrs. BOXER, who al- Today we can do nothing more, if we most made it here this morning. Then for granting me time. I join with my are so inclined, to say it looks OK or it senior colleague from the State of Min- if the Senator from Alaska has some- does not look OK. A lot more has to be nesota who spoke very eloquently be- body who wishes to speak, that is fine; done. fore me. I have come independently to otherwise, I will yield time to the Pre- As the Senator from Nevada pointed the same conclusion as he that I will siding Officer, who will be out of the out correctly, the Department of En- vote against designating Yucca Moun- chair at that time, just to give an idea ergy has still almost 200 tests and as- tain as a national nuclear waste reposi- of how we are proceeding. sessments remaining that it agreed, tory at this time. How much time does the Senator itself, with the Nuclear Regulatory I do so because there are simply too Commission would have to be com- from Minnesota wish before I yield to many unanswered questions, untested pleted before the Department of En- his colleague? designs, and unproven procedures to Mr. WELLSTONE. I say to the Sen- ergy could even submit an acceptable approve a project that has such enor- ator from Nevada, 1 minute. application for site construction to the mous consequences. Mr. REID. I yield my friend 2 min- Building a safe and secure storage Nuclear Regulatory Commission. Just utes. site at Yucca Mountain and then filling to develop an acceptable application, it Mr. WELLSTONE. Mr. President, I it with some 77,000 tons of nuclear has to complete some 200 more assess- say to my colleague from Alaska, I waste will take the next 30 to 40 years. ments. Then the Nuclear Regulatory have over and over—my position is a That is the rest of my generation’s life- Commission has up to 4 years to re- somewhat different position than the time. view. There is no one else who has the Senator from Nevada—over and over I Throughout those three and four dec- expertise beyond ours and is associated have said do not separate Yucca Moun- ades, the design, the construction, the with this project who maintains it is tain; you already put $7 billion into it. loading, the unloading, and the safe even ready to begin to be considered. Why not lay out a comprehensive plan transportation of over 150,000 pounds of Why are we put in a position of acting about how you are going to transport extremely poisonous nuclear waste on it today? Why even consider approv- this safely to Yucca Mountain? That must all be done perfectly—at least al- ing it today? has been my issue over and over. I have most perfectly. One accident, one rup- Given those high standards that are asked the Department of Energy when ture, one attack would have dev- necessary, some of the recent critiques will there be such a plan? Two years? astating effects on the lives of people of expert advisory boards and commis- Three years? Four years? I think we today and for generations to follow, as sions are truly alarming. A January 24 are now talking about several years in one look at a victim of the Chernobyl letter of this year to Congress by the the future. nuclear accident would confirm. U.S. Nuclear Waste Technical Review I want to make it crystal clear to me That is the easy part, those 30 to 40 Board stated: that to vote for Yucca Mountain with- years. Now those 150,000 pounds or as The Board’s view is that the technical out those assurances, without the as- much as 200,000 pounds of radioactive basis for DOE’s repository performance esti- surances about how it is going to be waste has to be stored, contained, and mates is weak to moderate at this time. done safely, without the input of local isolated perfectly—almost perfectly— Weak to moderate is a long ways communities, without the commitment for thousands of years. from perfect. that people will be trained, without That it must be nearly perfect does In a September 18, 2001, letter to the any of those assurances whatsoever, it not mean it is unattainable or Chairman of the U.S. Nuclear Regu- seems to me to be not responsible. unsustainable, but it does mean that latory Commission, the Advisory Com- That is my first point. the standards for approval must be mittee on Nuclear Waste documented My second point is to one more time very high. The standards of reliability, its review of the Department of Ener- say to my colleague and say to all col- of proven technology, of public safety gy’s performance modeling called leagues, though there are those who must be extraordinarily high. They TSTA–SR. The committee’s ‘‘principal would have us believe Yucca Mountain must be met and maintained with cer- findings are that this system does not will eliminate Minnesota’s nuclear tainty, and that certainty must be lead to a realistic risk-informed result waste, as a matter of fact, according to guaranteed to the American people. and does not inspire confidence in the the draft environmental impact state- This project is nowhere near that TSTA–SR process. In particular, the ment by the DOE, we still will have 111 standard today, not even close. That is TSTA–SR reflects the input and results and 344 metric tons of high-level nu- why we should not even be considering of models and assumptions that are not clear waste in Minnesota onsite at the approval we are being required to founded on realistic assessment of the Monticello and Prairie Island. give or to deny today. This is not what evidence. The consequence is that I yield the floor. the law proscribes. TSTA–SR does not provide a basis for The PRESIDING OFFICER. The Sen- The law states, as it has for the last estimating margins of safety.’’ ator from Nevada. 20 years, that within 90 days after Others who have written and raised Mr. REID. Madam President, a little Congress’s final approval, which will be similar questions and concerns. I be- simple math: 77,000 tons now exist. today if this body so decides, the De- lieve we should say no to the Yucca They can move at most 3,000 tons to partment of Energy shall submit its Mountain site today, not to remove it someplace; let’s say Yucca Mountain. application to the Nuclear Regulatory from further consideration but we These reactors produce over 2,000 tons. Commission. should not commit ourselves to a deci- I repeat, the math is not very much. According to the Secretary of the De- sion that will affect the lives of mil- The big lie has been the fact that they partment of Energy, the Department is lions of Americans today and for gen- say they are going to have only one re- at least 2 years or more away from erations and generations to follow pository. They are still going to have being ready to submit that application. based on insufficient evidence, inad- 131 repositories. That is the way it is According to the private project man- equate testing, incomplete analyses, going to be. This is a big lie they have ager, Bechtel Corporation, DOE is 4 undocumented strategies. In a sense, perpetuated for many years now, and it years or more away from being able to the Senate would be put in a position is absolutely false that they are going submit an acceptable application. to make that attestation today which

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6454 CONGRESSIONAL RECORD — SENATE July 9, 2002 no one could responsibly make about could begin. Failure to approve the res- latory Commission itself—and we had this project, particularly given this olution that we are talking about, S.J. the Commission members there testi- level of assurance that the American Res. 34, would terminate the Nation’s fying before our committee—testified people deserve. nuclear waste program. that they believed nuclear waste can be Finally, as to the citizens of Nevada, The Nuclear Waste Policy Act of 1982, safely transported and safely buried at they have been remarkably, extraor- passed before I came to this Senate, a repository. Not necessarily this one— dinarily well served by the two Sen- gave the Governor of Nevada the power that will be a decision they will make ators from that State, Senators REID to veto the President’s site rec- in the future—but at a repository. and ENSIGN. We preside in the Senate ommendation, and the Governor of Ne- The Nuclear Waste Technical Review in inverse proportion to our seniority, vada exercised that authority in April. Board testified that: which means I—being 100th in senior- If the President does not join the No individual technical or scientific factor ity—spend as much time presiding as House of Representatives in voting to has been identified that would automatically anyone else; I therefore have a chance override the Governor’s veto by the eliminate Yucca Mountain from consider- to observe what is going on in the Sen- 27th of this month—this July—the Gov- ation. ate. The senior Senator from Nevada, ernor’s veto stands. If the Governor’s The Environmental Protection Agen- Mr. REID, has been unbelievable in his veto is sustained, either the waste will cy testified that the radiation protec- tireless pursuit of every Member of this stay where it is, in temporary above- tion standards that will apply to this body to discuss and to reason and im- ground holding tanks at 72 nuclear repository are ‘‘among the most strin- plore their recognition of the facts as powerplant sites and 4 Department of gent in the world.’’ If the repository he has so well articulated. Senator EN- Energy nuclear weapons plants in 39 complies with them it ‘‘will be fully SIGN is in his first term and has en- States, either it stays where it is in protective of public health and the en- countered an enormous responsibility those locations from now on, or Con- vironment.’’ to his State which he has also per- gress will have to pass a new law to au- That is ‘‘if’’ the repository complies formed remarkably well. thorize the Department of Energy to with these standards. As I say, that is Regardless of the outcome of today’s search for a new site, leaving the waste a decision the Nuclear Regulatory vote, I cannot imagine any two people where it is safe enough in the short Commission will make in the future. who could have possibly done more, run. In addition to these agencies of the tried more, put more of themselves, I am not one who is saying there is Federal Government, we also heard heart and soul, into doing what they an imminent health risk or safety risk from the U.S. Geological Survey. They believe with all their fervor is the right from leaving the waste where it cur- stated: thing for the people of Nevada, and I rently is in the short run. However, it The scientific work performed to date sup- believe for the people of the United is not an acceptable long-term solu- ports a decision to recommend Yucca Moun- States, including the people of Min- tion. It would require constant moni- tain for development of the nuclear waste re- nesota, which is to vote no against toring where it now is and frequent re- pository [and that] no feature or char- Yucca Mountain as a site today. placement of the storage containers for acteristic of the site . . . would preclude rec- I yield the floor. thousands of years, or the waste will ommending the site. Mr. MURKOWSKI. Madam President, escape into the environment. That is So based on this record, the com- before I yield to the chairman of the based on the expert testimony we re- mittee found no reason to terminate Energy and Natural Resources Com- ceived in the committee hearings. the program. mittee 7 to 10 minutes, I point out that Looking for another site, without al- The National Academy of Sciences for the past several decades we have lowing the Nuclear Regulatory Com- has said: moved nuclear waste safely in this mission to consider Yucca Mountain, [G]eological disposal remains the only sci- country. We have had 2,700 shipments to consider an application for a license entifically and technically credible long- in the past 30 years. We have shipped to use Yucca Mountain, is not a real- term solution available to meet the need for 1.7 million miles. We have not had a istic course of action. We have spent 20 safety without reliance on active manage- single harmful release of radioactivity. years; we spent $4 billion looking at ment. This is substantiated by the testimony Yucca Mountain already. No one has We have a responsibility to dispose of in the committee. Both the Regulatory found a technical or scientific reason these wastes rather than leave them Commission and the Department of that makes it unsuitable as yet. We are for future generations to deal with. I Transportation, the agencies respon- not likely to find a better site next do not favor just kicking this can down sible testified that the waste can be time, but, of course, if the Nuclear the road and leaving it for someone ‘‘safely and securely transported.’’ Regulatory Commission determines else to act. I yield the floor. that another site has to be found, then In sum, a vote for the motion to pro- The PRESIDING OFFICER. The Sen- we can take on that task. ceed on the resolution is not a final ator from New Mexico. The Committee on Energy and Nat- vote to put nuclear waste in Yucca Mr. BINGAMAN. Madam President, I ural Resources, which I chair, of which Mountain. It is a vote to let the De- appreciate my colleague from Alaska my colleague from Alaska is the rank- partment of Energy apply for a license, yielding me a few minutes to express ing member, carefully considered the a vote to let the technical experts at my views on this issue. arguments against the repository that the Nuclear Regulatory Commission We are in a debate now about wheth- have been raised by opponents of the decide whether Yucca Mountain is, in er to proceed to consider S.J. Res. 34 project. I am the first to admit that fact, safe. which would approve President Bush’s not all of the questions that have been A vote against the resolution is a recommendation of Yucca Mountain as raised by the opponents have yet been vote to stop the program in its tracks, the site for the development of a nu- adequately answered. They have not to leave the waste where it is with no clear waste repository. The resolution been. Many of those are questions, alternative strategy for finding an- does not authorize construction of a re- though, that are best answered by the other site, and, frankly, with little or pository. Similarly, it does not author- Nuclear Regulatory Commission in its no chance of putting together a polit- ize the transportation of nuclear waste licensing procedures and nothing in the ical consensus to find another site in to Yucca Mountain. What the resolu- record before us justifies a decision, in the foreseeable future. tion does do is allow the Department of my view, to terminate the program at On the basis of those reasons, I urge Energy to apply to the Nuclear Regu- this stage. my colleagues to approve the motion latory Commission for a license to The hearing record that we compiled to proceed and to approve the resolu- begin construction of the repository. in the Energy Committee supports ap- tion. The Department of Energy still needs proval of the resolution and it supports The PRESIDING OFFICER. The Sen- to persuade the Nuclear Regulatory allowing the waste program to con- ator from Nevada. Commission that the repository would tinue. While not prejudging whether it Mr. REID. I will yield to my friend be safe before construction could begin will approve a license application for from California in a minute, but this is and before shipments to the repository Yucca Mountain, the Nuclear Regu- another one of the fallacies of this

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6455 whole debate. Isn’t it too bad we have Since 9–11, we have a whole other 3 miles of the proposed route, and the worked on it all this time, and if it area of concern and that is taking this light yellow is within 5 miles. doesn’t go through, what are we going waste from all over the country and If you look at all of this, you see to do? putting it on trucks or trains and ship- these little arrows. They are actually Chairman Meserve of the Nuclear ping it across this country. It is an ab- schoolhouses. These are the schools lo- Regulatory Commission said less than solute disaster waiting to happen. This cated so close to this traffic. The H’s a month ago: is so hot that it has to be cooled for— are the hospitals. We have 167 schools If Yucca Mountain were to fail because of I say to my friend from Nevada, Sen- that are within 5 miles in this area. congressional action, that does not mean all ator REID, am I correct in saying that There are seven hospitals within 5 of a sudden from a policy point of view that waste is so hot that it has to be cooled? miles. the country is at a stalemate and is con- And for how long does it have to be The PTA has sent us a letter against fronting imminent disaster. cooled? this project. Of course he would say that. We have Mr. REID. I will respond to my friend Where are my colleagues? You would nuclear reactors around the country from California. National Geographic think 9/11 never happened. You would that are using their facilities to store this month has a wonderful article on think 9/11 was just something in a the stuff onsite—safely, in dry cask nuclear waste. Among other things, it movie. The PTA has basically told us: storage containment. You don’t have confirms what we have known for a Don’t do this until you have a plan all the worries of transportation. It is long time. The nuclear reactors in that you can prove is safe. safer than trying to haul this stuff past America and around the world are 97 Mr. REID. Madam President, will the our schools and homes. This is an argu- percent inefficient. That means you Senator yield for a question? ment that is without foundation. It put in a fuel rod in a nuclear reactor Mrs. BOXER. I would be happy to. would not mean the end of the nuclear and when they take it out, it still has Mr. REID. The Senator mentioned world at all. 97 percent of its radioactivity. It has the 260-plus companies that make up I yield 10 minutes to the Senator only used 3 percent. NEI. Is the Senator aware that there is from California who, I would state, is The nuclear reactors are so ineffi- a lawsuit now pending to have the Vice the chair of the environmental task cient they have to take them out of the President of the United States divulge force Senator DASCHLE has set up and reactors and put them in water. You who he met with at those energy com- who has done an outstanding job point- cannot take them out of the water for panies and what they talked about? Is ing up the environmental problems we at least 5 years for them to cool down. the Senator aware of that? have in America today. Mrs. BOXER. Five years. Mrs. BOXER. I am certainly aware of The PRESIDING OFFICER. The Sen- Mr. REID. Five years for them to that. ator from California. cool down. So I say to my friend from Mr. REID. I felt so strongly about Mrs. BOXER. Madam President, it is California, all this talk about we need that issue that I filed an amicus curiae indeed an honor to stand with my to have one site, we don’t need to have brief joining with the GAO to have him friend from Nevada on this issue be- 131 sites—the fact is, they are always divulge that information. I will bet a cause there can be no higher calling going to have spent fuel at the sites of significant number of the 261-plus com- that we have than to protect the health the power-generating facilities. panies met with him to develop the en- and safety of the people we represent— Mrs. BOXER. I thank my friend. I ergy policy this administration came no higher calling. knew this waste was so hot that it up with. Does the Senator suggest that It seems to me very interesting that, would have to be cooled down, but I is probably true? as we are about to address a very im- wasn’t aware that it was for 5 years. Mrs. BOXER. Given the track record portant subject of corporate irrespon- Post 9–11, you would think this ad- of this administration in terms of its sibility and try to fix the mess that is ministration would think twice, or energy policy and the President’s lack happening on Wall Street, we would be three times, or six times, before they of anything very exciting in terms of disrupted from that task to go to an would go ahead and give the order for how we are going to regain the con- issue such as this, which is so very this waste to move. We have given the fidence and trust of the people, it is harmful to our people. I am going to airlines billions of dollars. We are very possible—indeed, probable, in take some time to explain it. spending so much to make airports safe fact—that these companies, or cer- My State of California is one of the and here we have this administration, tainly their representatives, met with most affected by the Yucca Mountain the one that tells us we are in a war— the Vice President. project because Yucca Mountain is there is not a speech this President I will tell you, when that comes out, only 17 miles from the California bor- makes that he doesn’t remind us that we will know even more why, even der and from Death Valley National we are in a war—is ready to put this after 9/11, they had this plan. Park. Scientific studies have shown kind of material on our roads. This is just one area—Sacramento. I that the regional ground water aquifer I am just incredulous. The only thing want to show you Los Angeles. We are surrounding Yucca Mountain dis- I can come up with is, who is really be- not talking philosophy or ideology. We charges into Death Valley because hind all of this? are talking about the hottest, most Death Valley is down gradient from I have a list of some of the people dangerous waste known to humankind Yucca Mountain. If the ground water is who are pushing for this. Let us put coming near schools and hospitals in contaminated, that will mean the de- that on the floor since we are talking my State and in almost every other mise of the park and the surrounding about corporate power this week. State. communities. We have the Nuclear Energy Insti- Again, the red area is within 1 mile The tests that have been done on the tute. There are 260 companies in the of the route. The yellow area is within site are not what we would want to see. Nuclear Energy Institute pushing this. 3 miles. The light yellow area is within We see leakage; we do not see dryness. They include Enron, First Energy, 5 miles. We have 446 schools within 5 We see problems with Yucca Mountain Bechtel, Duke Energy, and General miles of these routes. Is this what we that would lead most people to assume Electric, to name a few. There are a lot owe those little kids? Is this what we there will be a problem with leakage of special interests—260, to be exact— owe them? Are they going to close the into the ground water. It is an absolute pushing this. school down when they transport this travesty waiting to happen to my But where are the people? The people near by? There are 23 hospitals within State. will be living in fear, I guarantee you, 5 miles. The long-term viability of the fish, when this starts. I am amazed we are debating this the wildlife, and the human population Let me show you a map which I issue. I am amazed we are debating this is dependent on this aquifer. Water is think my colleague must have shown issue. The Department of Energy life in the desert. Water quality must before. Let me show you a map first of doesn’t tell us what the final plan is. be preserved. Given the threat posed by just one area, Sacramento. The red You know why? It is because of the Yucca Mountain, I have opposed it, and area is within 1 mile of one of the pro- outcry in the country when that final that was before 9–11. posed routes. The yellow area is within plan comes forward.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6456 CONGRESSIONAL RECORD — SENATE July 9, 2002 Attorney General Ashcroft has said Wilderness Society, and the Women’s fight if they need me because I believe we should worry about a ‘‘dirty’’ bomb. Legislative Lobby in Washington. there are some moments on this floor And we all do. We already know it has These are people who have spoken out. when you have to step up and realize been disruptive. That is a ‘‘dirty’’ I ask unanimous consent to have this you are here for a brief time, but deci- bomb. That is material that doesn’t entire list printed in the RECORD. sions we make can come back to haunt even come close to the danger of this There being no objection, the mate- us. I hope today people will think material. rial was ordered to be printed in the about that and vote with my colleague I want to give you the facts about RECORD, as follows: from Nevada. what happens in California with the ORGANIZATIONS OPPOSED TO THE YUCCA I yield the floor. transportation of this waste. MOUNTAIN NUCLEAR WASTE DUMP The PRESIDING OFFICER. The Sen- We have 35 million people in our Alliance for Nuclear Accountability, Se- ator from Alaska. State. Seven million people in Cali- attle, Washington, American Lands Alliance, Mr. MURKOWSKI. Madam President, fornia live within 1 mile of the pro- Washington, DC, Americans for Democratic let me point out a couple of facts that posed route. Action, Washington, DC, American Rivers, perhaps some Members have not re- I ask my colleague for 5 more min- Washington, DC, American Public Health As- flected upon. utes. sociation, Washington, DC, Center for Safe There are no proposed routes. There Energy, Earth Island Institute, Berkeley, Mr. REID. I yield the Senator from California, Clean Water Action, Washington, are only potential routes. California 5 more minutes. DC, Defenders of Wildlife, Washington, DC, While the Senator from California The PRESIDING OFFICER. The Sen- Earthjustice, Oakland, CA, Environmental points out routes around Sacramento ator is recognized for 5 more minutes. Action Foundation, Takoma Park, Mary- or Los Angeles, they have simply taken Mrs. BOXER. There are 231 hospitals land, Environmental Defense, New York, NY, every major route that has the poten- within 1 mile of the proposed route. Environmental Working Group, Washington, tial of moving nuclear waste and said There are 3,500 schools within 1 mile of DC, Fellowship of Reconciliation, Nyack, this is, in fact, a proposed route. the proposed route. Nuclear waste ship- NY, Free the Planet!, Washington, DC, That is hardly accurate. It is fair to ments in California over the life of the Friends of the Earth, Washington, DC, Gov- say there is no Yucca transportation ernment Accountability Project, Seattle, project, if done by truck, will be 14,000- WA, Grandmothers for Peace International, route yet. What opponents have done is plus; if done by train, 13,000-plus; 2,040 Elk Grove, CA. they have selected every major high- metric tons of nuclear waste at facili- Greenpeace, Washington, DC, Honor the way in the U.S. and simply called it ties throughout California now—which Earth, St. Paul, Minnesota, Indigenous Envi- ‘‘proposed.’’ That is certainly stretch- means that even with the Yucca Moun- ronmental Network, Bemidji, MN, Institute ing things to suggest it is going to go tain we are going to have nuclear for Energy and Environmental Research, Ta- by hospitals, it is going to go by waste in the State, which is also the koma Park, Maryland, International Asso- schools. ciation of Fire Fighters, Washington, DC, Clearly, there are efforts being made case with most of our States. League of Conservation Voters, Washignton, Our Attorney General had a press DC, League of United Latin American Citi- by the responsible agencies. If we cre- conference about the potential of a zens, Washington, DC, National Education ate these agencies, we have the over- ‘‘dirty’’ bomb. We worry about where Association, National Environmental Coali- sight. If we do not have the faith in the terrorists are going to get this ma- tion of Native Americans, Prague, OK, Na- them to do their job—the Department terial. This administration has been tional Environmental Trust, Washington, of Transportation, the Department of backing the transportation of the most DC, National Parent Teacher Association, Energy, the Nuclear Regulatory Com- dangerous nuclear waste and not even National Wildlife Federation, Washington, mission—are we to micromanage, if mentioning 9/11. It is almost like a Rip DC, Natural Resources Defense Council, you will, when waste has been moving Washington, DC, Nuclear Information and Van Winkle situation when it comes to Resource Service, Washington, DC, Pax safely across this country for decades, Yucca Mountain. Well, we have done it; Christi USA, Erie, PA, Peace Action, Wash- and to suggest that somehow we can- we spent the money; and, we have in- ington, DC, Physicians for Social Responsi- not move it safely? vested it. It doesn’t matter—9/11, or bility, Washington, DC. California is 17-percent dependent on anything else. You could have another Presbyterian Church (USA), National Min- nuclear energy. I am looking at a terrorist and it would still be here for istries Division, Washington, DC, Psycholo- spreadsheet. Cumulative spent fuel, in Yucca Mountain. gists for Social Responsibility, Washington, California, at the end of the year 2000, Loud special interests are behind this DC, Public Citizen, Washington, DC, The was 1,954 metric tons, not including 98 Safe Energy Communication Council, Wash- vote. That is the only way you can ington, DC, Scenic America, Washington, metric tons from the San Onofre Nu- come to any other conclusion. DC, Sierra Club, Washington, DC, Union of clear Reactor. There are 403 metric I will tell you some of the people who American Hebrew Congregations/Religious tons at shutdown reactors, 11 metric oppose this. I mentioned the PTA. I Action Center of Reform Judaism, Wash- tons in dry storage. It is going to stay will give you some more: The Alliance ington, DC, United Church of Christ, Office there unless it is going to be moved for Nuclear Accountability, American for Church in Society, Washington, DC, The somewhere. It has to be moved by a Land Alliance, American Rivers, Amer- United Methodist Church, General Board of route. It has to be moved safely. Is it ican Public Health Association, Clean Church and Society, Washington, DC, U.S. going to be moved by train or by high- Public Interest Research Group, Washington, Water Action, Environmental Action DC, The Wilderness Society, Washington, way? Foundation, Environmental Defense, DC, Women’s International League for Peace Clearly, we have moved 2,700 ship- Fellowship of Reconciliation, Friends and Freedom, Philadelphia, PA, The Women ments in 30 years 1.7 million miles, and of the Earth, and the Government Ac- Legislators’ Lobby (WILL), Washington, DC, with not a single harmful release of ra- countability Project. It goes on: Women’s Action for New Directions (WAND), dioactivity. We have had shipments to League of Conservation Voters, Inter- Washington, DC, 20/20 Vision, Washington, WIPP in New Mexico—900 shipments, national Association of Firefighters. DC. since 1997, 900,000 shipment miles, and Do you want to be a fireman and get Mrs. BOXER. Madam President, I not a single harmful release of radioac- called to a fire when one of these acci- want to conclude and say I could show tivity. dents happens? The Department of En- you other charts that show the impact Do you think we are the creators of ergy has said they know already there on other States. But I have made my moving this stuff? In Europe there has are going to be accidents. Is that 100 point. This nuclear waste is going to go been 70,000 tons shipped safely over 25 accidents? They predict that already. by schools, it is going to go by hos- years. So this isn’t something that has The International Association of pitals, it is going to go by our families, just happened. Firefighters knows what that could it is going to go by our children, it is We have moved high-level nuclear mean to their lives. going to go by our homes, and it is waste across this country. Now we are Who are we fighting for here? I say to going to go by our businesses. And talking about moving waste out of our my colleague, this is a moment of post-9/11 we don’t even have the final reactors. We are talking about doing it truth for every person here. plan. responsibly. You could look at the United Church I am proud to stand with my friends Some of these arguments—we have of Christ, United Methodist Church, from Nevada. I am going to be in this heard the term ‘‘red herring.’’ Well,

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6457 this is a ‘‘nuclear herring,’’ if you will. bit about having all these sites. We are going to go up in a big puff. That is not Maybe it glows in the dark. But it cer- trying to consolidate some. the case. It is transported in strong tainly suggests, in this debate, that So it has been interesting to hear the thick-walled casks, casks that have somehow we are doing something new kinds of reactions that we have had. been dropped from 30 feet in a free fall in this country, that we are doing The site is there, of course, because from helicopters to be tested. And they something that is high risk in which Yucca Mountain is 90 miles from the have a puncture test with a special way we have not had any experience. nearest population centers. It is one of to do it. They have flatbed trucks that Again, in reference to bringing this the most remote places in the country. have been smashed into a 700-ton con- discussion in the parameters, we are The climate is conducive to storage. crete wall at 80 miles an hour. not moving it to Yucca Mountain There are multiple national barriers in There is safety here. Safety, of today. We are simply authorizing the order that tunnels can be stored. There course, is a high issue for all of us. No administration to proceed with the li- is great depth, 2,600 feet deep under- one would suggest it should not be. cense process which will address the le- neath, an isolated basin. Most of it will be done by train, not on gitimate transportation questions that So this is something that has been the highways. These are the things we are coming up in this debate. selected with a very great deal of study will have to deal with and we will deal I yield the floor to my good friend from a number of places. This is the with over a period of time. from Wyoming. one that was decided upon to be the We should start, of course, with deal- How much time would the Senator best. So that is where we are. ing with the question. We have agreed, from Wyoming require? It is interesting, all we hear about in 1982, to take care of this waste, par- Mr. THOMAS. I think about 10 min- are problems. I think it is up to us to ticularly in the commercial uses that utes, please. talk about some solutions. I hope we have been there. They have been taxed Mr. MURKOWSKI. I yield 10 minutes can do that. In fact, I think to say this $17 billion to do something with it. to the Senator. Energy Department material is not What they are doing with it now is not The PRESIDING OFFICER (Mr. CAR- useful is a stretch. Certainly this mate- the safest thing that can be done. PER). The Senator from Wyoming is rial has been studied. Experts have put I know when you talk about nuclear, recognized. this information in there. everybody swells up, but it is inter- Some of the information we are hear- Mr. THOMAS. Mr. President, this is esting to also recall that Illinois, for ing lacks a little bit. At the hearings an issue we have talked about for a example, generates over 30 percent of we held, there was a gentleman who good long time. Some of the things I their electricity with nuclear. Of had been the past director of highway have heard today are quite different course, there is nuclear waste. But we safety who was talking about high- than what we have talked about before. need to do something with it. We are ways. I asked him who he was working Nevertheless, everyone is entitled to going to be moving more toward it. for. It turned out he had been paid by their own views. On the other side, it is one of the the State of Nevada. Talk about people I think, as has been mentioned, we cleanest kinds of electric generating being in support of the idea and caus- ought to remind ourselves what the fuels we can have. I guess if I have been ing people to have their positions the purpose of this particular vote is impressed by anything in this discus- about. It is to make it possible for the way they are. Let me talk a minute, though, about sion, it is that we haven’t really dealt Secretary to apply for a license to con- transportation. Obviously, transpor- with the problem, How do we solve it? struct a site at Yucca Mountain. If this tation could very well be going through What we have talked about, what we fails, then ever since the 1980s, 24 years our State of Wyoming, although, as the hear about almost all the time, is how of work, and $4 billion worth of expend- Senator from Alaska points out, those do we avoid making a decision on an itures will be halted and nothing more decisions have not been made. Every- issue that is there, and one that is ob- will happen. one is talking about where it is going viously going to be there until we do This is not the final issue to be to go. That has not been decided. In something about it, until we follow talked about. This is not the issue of fact, I have written a letter to the Sec- through on what we agreed to do in transportation. This is the issue of retary of Energy to ensure, as we move 1982 and have not done since, and whether or not to move forward and li- through this particular decision, that haven’t heard much about, as a matter cense the site, which will then provide we will move on, then, to an equally of fact. We spent $4 billion in Nevada. the opportunity and the necessity of difficult decision about transportation, We didn’t hear much about that. Fine. moving on to other issues, such as de- and also to get assurance—which he I hope we can go ahead and deal with fining the transportation routes and has assured us—that the Governors and this, support this portion of the total dealing with the safety of transpor- officials in the States will coordinate decision that needs to be made, move tation. and will be cooperative workers in forward on this site, and then deal with I think we ought to keep in mind terms of deciding what the routes are. the other issues that come before us. what we are doing here and that is to In any event, we have talked a little I yield the floor. authorize them to move forward in li- bit about the history of transportation. The PRESIDING OFFICER. The Sen- censing the site. The site, of course, is It is very impressive. We have had 30 ator from Nevada. one of the most important issues before years of transportation of nuclear Mr. REID. Mr. President, I will yield us. It has been said a number of times waste of various kinds without an inci- to my friend from Michigan in a sec- that there are 131 different sites where dent. We have had that over 1.5 million ond. I do want to say, however, that of waste is stored. Not all of those sites miles. It is handled safely. course the routes Senator BOXER will disappear, of course, but many of I was surprised. At the hearing, they talked about are the routes proposed them will. Those that have been Gov- had a sample on the floor of the kinds by the DOE in their final environ- ernment used, that are not continuing of containers that spent nuclear mate- mental impact statement. They have to be used, will be gone. We will have rial is in. I had no idea, frankly, what said they are not sure this is the final fewer sites. it was. But they are in solid pellets, ap- transportation plan they will have, but I do not hear anyone talking about proximately the size of a pencil eraser. that is what they have said so far. solving the problem. All I hear about is And they are secured in multiple layer Jim Hall, former head of the Na- avoiding coming to a decision. I think metal tubes. They are hard, and they tional Transportation Safety Board, we need to ask ourselves which is bet- are solid. said in testimony: What I find more ter in terms of safety: to have it gen- Nuclear waste is not fluid. It is not a shocking about the Yucca Mountain erally in one place or to have 131 dif- gas. It will not pour or evaporate. It is project is that DOE has no plan to ferent sites? in these big, hard vats that are set up transport spent nuclear fuel to its pro- Talking about trying to have protec- for it. Nuclear waste, nuclear fuel does posed repository. tion and security, how much security not burn, as a matter of fact. It is not Secretary Abraham testified last do you think there is in every one of flammable, even if it is engulfed in fire. week that DOE is just beginning to for- these sites? If you are talking about Spent nuclear fuel cannot explode. mulate preliminary thoughts about a September 11, you have to talk a little We sort of get the notion that it is transportation plan, even though in

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6458 CONGRESSIONAL RECORD — SENATE July 9, 2002 the final environmental impact state- When I was in the Michigan Senate, I only beginning to look at developing a ment they did give us these routes helped to lead an effort to stop putting transportation plan and designating about which Senator BOXER and others casks along Lake Michigan and our nu- transportation routes. Yet we are have talked. clear facilities because of my concern asked to decide today on this project Puncture tests? Sure, there are punc- about the waste being along Lake without that information. ture tests. We know a shoulder-fired Michigan. I certainly still have that I am also very concerned the Depart- weapon will go through one of those concern. We lost that, and the waste is ment has not implemented any addi- canisters of spent fuel rods. We know there. tional security requirements for trans- that. The tests have been proven. We On first blush, when I was in the porting nuclear waste since 9–11 to en- also know they don’t withstand fire. House of Representatives, I thought sure safety and protect the shipments Diesel fuel burns at 1,400 degrees. They supporting a permanent nuclear stor- from terrorist attack. In addition, I am have only had these tests go up to 1,200 age site at Yucca Mountain was a good very deeply concerned to find that degrees. If you have a fire and a diesel idea. I want the waste out of Michigan. there is no Government agency that truck is carrying this, it will breach There is no question about it. My pref- has conducted full-scale physical tests the container. erence, if we could say, ‘‘Beam me up, of the casks that would be used to The things we are being told simply Scottie,’’ would be to move the waste transport high-level nuclear waste to have no validity. We talk all the time out of Michigan. Yucca Mountain; nor have these test about all this dangerous stuff that has Unfortunately, by very close exam- requirements been reviewed or been hauled. Let me tell you about the ination of the facts and information strengthened to take into account how WIPP facility. The WIPP facility is the from the Department of Energy, their the casks would perform under a poten- waste isolation project in New Mexico. current documents, I have come to the tial terrorist attack. WIPP is the most highly planned nu- conclusion that this proposal not only This is a new day. There are new clear shipment we have ever had. Yet will maintain existing threats to the questions and new tests that need to the first shipment went the wrong way, Great Lakes but will create new ones, take place in light of our current re- 28 miles the wrong way, and was turned new security risks, new environmental ality as Americans. around by the local police department. threats for the Great Lakes and for I am very concerned today, when I pick up the Washington Post and find The DOE satellite tracking system Michigan families. I am deeply con- that they further reveal that the EPA didn’t work. The truck was going 28 cerned about that and frustrated be- has been keeping under wraps a Feb- miles the wrong way. It turned around. cause fundamentally I want the waste ruary 2002 report that concludes that It was 56 miles on a road on which they out of Michigan. But I do not want to they are not fully prepared to handle a were not supposed to be. create more threats in the process. large-scale nuclear, biological, or Eighty percent of all traffic acci- It goes without saying that the world chemical attack. The EPA is the pri- dents are not as a result of anything has changed since September 11. We mary agency for providing support to going wrong with the equipment; it is know that. We hear that all the time State and local governments in re- human factors. That is what this is all from our President. We say that on the sponse to a discharge of nuclear or haz- about. floor of the Senate practically every ardous materials, and they are not No harmful releases of radiation? day. The world has changed since Sep- fully prepared to deal with current se- That is laughable, Mr. President. There tember 11. Since the tragedies in New York and curity threats. have been accidents, and there have How well prepared will they be once Pennsylvania and the Pentagon, we been releases over these 2,700 ship- thousands of nuclear shipments begin have administration officials who daily ments. Some of those have dealt with to travel by our schools, our hospitals, tell us that we are going to see further pounds of stuff, not tons. On one of through our communities, our residen- attacks. On May 19 of this year, the these trucks, the cannister alone was tial neighborhoods, en route to Yucca Vice President stated on ‘‘Meet the 10 tons. There have been releases over Mountain. the years that they have been doing Press’’ that the prospects of a future I also discovered, Mr. President, in this. The DOE itself says there will be terrorist attack against the United my examination of the Department of at least 100 accidents. That is in their States are almost certain and not a Energy’s own documents, that most of proposed findings in the environmental matter of if but when. That should be a the waste stored in Michigan will never impact statement. concern—and I know it is—for all of us. make it to Yucca Mountain. That is a Someone can vote against this with It should in some way be a shadow over pretty big discovery for me. Most of goodness in their heart. They are doing every decision we make today in this the waste in Michigan will never make the right thing. This is not good for the body for our families, for the families it to Yucca Mountain. As long as nu- country. we represent. clear powerplants operate in Michigan, My friend mentioned France and Ger- On June 10, as we all know—just a new nuclear waste will have to be many. They may have hauled a lot of month ago—the American people be- stored in cooling pools, as indicated by stuff, but they haven’t hauled a lot of came aware of a plot to potentially my colleagues, on the shores of the stuff lately because it has been stopped detonate a so-called ‘‘dirty’’ bomb Great Lakes for 5 years at a time so in its tracks. Germany has given up which could kill thousands of people they can be cooled before they are trying to haul it because people lie and send poisonous nuclear matter transported anywhere. Much of the nu- down in the streets and chain them- throughout the air, exposing hundreds clear waste in Michigan will not be selves to railroad tracks. of thousands more people to nuclear ra- moved to Yucca Mountain because I yield 10 minutes to the Senator diation. This causes me to pause and Yucca Mountain will reach its full ca- from Michigan. look at what we are doing in a new pacity within the first 25 years of oper- The PRESIDING OFFICER. The Sen- light. September 11 and the ongoing ation. ator from Michigan is recognized for 10 war against terrorism has, in fact, put While I want the waste out of Michi- minutes. this in a new light for me. I have exam- gan, away from its shores, We have a Ms. STABENOW. Mr. President, I ined how the nuclear waste from Michi- worst case scenario for the people of thank my colleagues from Nevada for gan’s storage sites would be trans- Michigan. The nuclear waste will con- their leadership on this very important ported across Michigan to Yucca Moun- tinue to sit on the shores of the Great issue for all of us. I know my col- tain and, unfortunately, I am very con- Lakes and also be traveling on our leagues on both sides of the aisle will cerned there is not a plan by the De- roads and railways—and, Heaven for- join me in saying there is not a more partment of Energy to protect those bid, even barges on the Great Lakes— revered Member of this body than our shipments from terrorist attack. past our communities, neighborhoods senior Senator from Nevada. I thank I have asked the questions of our and schools. him for his leadership, his intelligence, State government, I have asked the Let me speak to that new threat his compassion, and his advocacy on questions of our Department of Energy, that, unfortunately, is in the environ- this particular issue as well as many and I am told, as we have heard over mental impact statement the Depart- others. and over again, that the Department is ment released just a few months ago,

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6459 which raised a tremendous red flag for Fermi 2, and Palisades. As a con- Mr. MURKOWSKI. I thank the Chair. me. The Department of Energy’s final sequence of the recognition that there Mr. REID. Mr. President, I yield 10 environmental impact statement de- are six storage locations covering the minutes to the Senator from Missouri, scribes barging nuclear waste on the 1,625 metric tons, we have to address Mrs. CARNAHAN. Great Lakes as a transportation op- the reality of how much longer the nu- The PRESIDING OFFICER. The Sen- tion. Now, in fairness, they indicate clear plants can continue to operate ator from Missouri is recognized for 10 that while there could be as many as without a permanent repository. That minutes. 431 barge shipments of nuclear waste is what the contemplated vote is all Mrs. CARNAHAN. Mr. President, on Lake Michigan, that is not their about. when I speak to people throughout Mis- preferred option. I am glad that is not Questions have been raised by Mem- souri, security continues to be their their preferred option, but, unfortu- bers concerning the routing. Again, I primary concern. They are concerned nately, when writing the Secretary, he point out the Nuclear Regulatory Com- about threats from abroad and about would not take it off the table as an mission approves all routes and secu- security in their daily lives—job secu- option. In fact, he indicated that the rity plans with States and tribes, in- rity, health care security, retirement Department of Energy ‘‘has made no cluding the Department of Transpor- security. decision on the matter.’’ tation, Department of Energy and, of In this day and age, when we are I cannot imagine putting high-level course, the Nuclear Regulatory Com- making extraordinary efforts to pro- nuclear waste on barges and sending it mission. For security, armed guards tect ourselves, people are more fearful across Lake Michigan. There is not a are required through heavily populated than ever about shipments of nuclear plan in the world that I would support metropolitan areas if they are indeed waste through their neighborhoods and to do that. The answer of the Depart- selected. At the discretion of the Gov- communities. ment on this issue is simply not good ernor of each State, all shipments are In Missouri, this is especially a sen- enough. I cannot support any plan that required to have 24-hour escorts. sitive issue because of our recent his- includes a transportation option that Tracking: The Governor of each tory of nuclear waste shipments. Two endangers one-fifth of the world’s State is notified in advance of spent summers ago, Governor Carnahan suc- freshwater supply and the source of fuel shipments. These shipments are ceeded in getting a shipment rerouted drinking water for the entire Great required to have an escort into the cen- around Missouri. But last year, the De- Lakes region. tral transportation command facility partment of Energy scheduled another Mr. President, today’s vote, unfortu- every 2 hours to ensure that problems shipment to go through Missouri. The nately, will be the last time Congress do not exist. All shipments are closely route the Government selected went will have a real voice on this issue. We coordinated with local and Federal law through the most populated areas in certainly can express ourselves as it enforcement agencies. the State, through the heavily popu- As far as training, States and tribes moves through the regulatory process, lated suburbs of St. Louis, straight have and will continue to receive Fed- but this is the time for us to say, yes, through Columbia, past Independence, eral support for specific training. On we know enough to move forward or, and then on through Kansas City. the question of what is the Govern- no, we do not. If we say no, we can ask The Government’s plan would ship ment doing with emergency prepared- that more information be given to us, nuclear waste along Interstate 70 and ness assistance, since 1950, the Federal that more tests be done, and that we other roads that are crowded and in Government has had its own experi- disrepair. Interstate 70 through Mis- receive assurances, such as I need, to enced teams of emergency responders. know that there will not be, under any souri is one of the oldest stretches of Emergency responders receive assist- Federal interstate highway in the Na- circumstances, barging on the Great ance and training from the Department Lakes. We can get that information tion. The newest stretch is 37 years old. of Energy, Department of Transpor- The oldest stretch is 46 years old. But and then we can proceed again. tation, FEMA, and others, and are spe- the original design life was only 20 This is not the end. We can proceed cially trained and prepared to respond years. further—those of us who want more in- to a variety of incidents and accidents, formation, more assurances, and want I–70 is one of the most vital transpor- and DOD will continue to provide tation corridors in the Nation. It is in to know that our communities will be training to emergency responders. The need of more than just basic mainte- safe and the environment will be safe. Department has directly trained over nance. It is in need of total reconstruc- There is no reason we cannot work on 1,200 responders. getting those assurances and the plans In addition, DOE has trained instruc- tion. Everyone who travels over I–70 in place first. tors and have provided training to ad- knows it is in horrible condition. The Based on my examination of the De- ditional emergency personnel in the number and severity of traffic-related partment of Energy’s own documents, State, tribal, and local response as well as further information, I do not groups. Training materials have been accidents along I–70 between Kansas believe this administration has a safe- distributed. City and St. Louis have grown steadily ty plan for transporting waste to It is fair to say efforts are made to in recent years and will continue to Yucca Mountain that protects my citi- train local government entities. There grow with projected increases in travel. zens, Michigan families, or the Great is a misconception somehow that if Unless the road is repaired and ex- Lakes. Therefore, I cannot support the there is an accident, there is likely to panded, conditions will continue to de- Yucca Mountain resolution. be a fire, some kind of an explosion. teriorate, congestion will increase, and The PRESIDING OFFICER. The time That is not the case. If, indeed, there is transportation costs will rise. of the Senator has expired. a penetration of a cask, which is ex- There are two scenarios: Either I–70 The Senator from Alaska is recog- traordinarily unlikely, there will obvi- will remain in poor condition or, as I nized. ously be an awareness, and the area would prefer, it will undergo massive Mr. MURKOWSKI. Mr. President, let will be roped off. The material is very reconstruction over the next decade. me point out that the State of Michi- heavy. It does not blow around in the Either way, I–70 should not be the su- gan is currently 18.2 percent dependent wind. Unless you get in and mess with perhighway for nuclear waste. on nuclear energy. Currently, in the it, why, it can be cleaned up by experi- If Yucca Mountain is built, that is State of Michigan, there are 1,627 met- enced personnel. exactly what will happen. Preliminary ric tons of spent fuel of which 58 tons is This is not a matter, as some sug- estimates by the Department of Energy in shutdown reactors, and 177 tons is in gest, that if there is a penetration, show that within a 25-year period, over dry storage. there is going to be a nuclear explosion 19,000 truck and 4,000 rail shipments of As a consequence of the alternatives of some kind. nuclear waste will go through Missouri we face, the recognition is obvious that Mr. President, I yield the floor and on their way to Yucca Mountain. That if we do not move this waste, it is ask how much time is remaining on is two trucks a day every day passing going to stay where it is. The nuclear this side. through St. Louis, Boone County, power generation in Michigan consists The PRESIDING OFFICER. The Sen- Jackson County, and many other coun- of four nuclear units: Cook 1 and 2, ator has 621⁄2 minutes remaining. ties across the State.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6460 CONGRESSIONAL RECORD — SENATE July 9, 2002 Unfortunately, the manner in which power generated in Missouri. Coal is 82 this issue and set forth a series of legis- last year’s shipment of nuclear waste percent. It is about 95 percent in com- lative and other procedures that must through Missouri was conducted does bination. be followed to assure that every ques- not inspire confidence in the way the Mr. President, 388 metric tons of tion—that of national security, safety, Department of Energy handles these spent fuel are currently in the State of of individual State rights, and all the shipments. While the State of Missouri Missouri. As a consequence, I think it other issues—were adequately ad- and the Department of Energy were ne- is important—and if I can have the at- dressed as we deal with this critical gotiating about this shipment, the De- tention of the Senator from Missouri— issue. Over those 20 years, the impor- partment announced that it would not to point out this transportation route tance of dealing with this issue has allow waste from a research reactor in because currently the shipment of grown. Columbia, MO, to be shipped out of waste, this transuranic waste, goes out Now the issue of the role of nuclear State. of Missouri and routes under this high- power in the portfolio of America’s en- The linkage of these two issues was way system into New Mexico. There is ergy policy and the manner in which inappropriate. While Governor Holden no proposed existing transportation we will resolve the handling of the was negotiating safety protocols, the route that will be taking the waste spent nuclear fuel has become a na- Department was playing politics with through Missouri. This waste is cur- tional security issue, in my opinion. nuclear waste. rently at the University of Missouri re- I intervened to ensure these issues search reactor. It goes out on 70, up on I come to this debate with a long his- would be handled separately so that 55, comes over on 880, and down on 25 tory of working on this issue. The the Governor could continue to insist into New Mexico. State of Idaho, which I have the honor upon proper safety arrangements for My point is, while it is obviously pos- to represent, hosts the Department of the shipment. sible that the Department of Energy, Energy’s Idaho National Engineering After all this, the shipments showed the Nuclear Regulatory Commission, and Environmental Laboratory, NEEL, up in St. Louis at rush hour and would and the Department of Transportation which currently stores a large volume have passed through Kansas City dur- would choose other routes, it is clear of spent nuclear fuel and high level nu- ing a Royals baseball game. The ship- to point out that currently there has clear waste. ment had to be held at the border for a been and there is no logic to suggest The INEEL now has 56.5 percent by number of hours. there would be a movement of waste volume and 11 percent by weight of all In my view, we have not focused through the State of Missouri when spent nuclear fuel in the DOE complex. enough on the transportation issue to currently transportation routes to This spent nuclear fuel includes the approve the Yucca Mountain site at WIPP do not go through Missouri; they Navy’s spent nuclear fuel, the spent this time. The transportation casks actually remove waste from the State fuel and rubble from Three Mile Island have not been thoroughly tested for of Missouri. and other commercial power plants, possible terrorist attack. The final We should keep these discussions in foreign research reactor fuel that is transportation routes have not been se- the context of accuracy relative to coming to the United States from lected, and security of the truck and what is contemplated vis-a-vis the cur- other countries for nonproliferation train shipments has not been studied. rent transportation route. reasons, and spent fuel from the dozens There are no concrete plans for train- I yield to my friend from Idaho for 10 of reactors operated at the INEEL, Ar- ing emergency responders in local com- minutes. gonne-West, and other DOE facilities munities along transportation routes. The PRESIDING OFFICER. The Sen- throughout the country. Under the And, as I mentioned, the roads remain ator from Idaho is recognized for 10 Idaho Settlement Agreement, the in sad repair. minutes. Navy’s spent nuclear fuel in Idaho All these issues need to be properly Mr. CRAPO. Thank you, Mr. Presi- must be some of the first fuel to go addressed before I will consider voting dent. I thank the Senator from Alaska into Yucca Mountain. to approve the Yucca Mountain site. It for his graciousness in yielding me this Defense high-level waste is the waste is more important to make the right time. that resulted from reprocessing spent decision than it is to make a quick de- I rise today to add my voice and my nuclear fuel. At the INEEL, this high cision. strong, unequivocal support for Senate level waste is in granulated ‘‘calcine’’ Every nuclear reactor in the country Joint Resolution 34, a resolution ap- form. DOE is currently deciding how has onsite spent fuel. These storage fa- proving development of a permanent this high level waste can be prepared cilities will continue to be used even if nuclear waste repository at Yucca and shipped to Yucca Mountain. In the the repository at Yucca Mountain is Mountain, NV, notwithstanding the past, DOE looked at turning this waste built because the spent fuel that comes disapproval of the Governor of Nevada. into glass logs in a vitrification plant out of the reactor must cool for ap- Before I get into my main remarks, I as required by law, but Bechtel and proximately 5 years. Most of these fa- wish to talk a moment about my col- DOE now hope they can make direct cilities will be upgraded and expanded league from Idaho, Senator LARRY shipments of the calcine waste to if and when necessary, and in Missouri CRAIG, who, as a member of the Energy Yucca Mountain using a standard our single nuclear powerplant will not Committee in the Senate, has been package similar to that used for spent experience shortage difficulties until tireless in his efforts to make certain fuel. 2024. So there is plenty of time to up- that the procedural maneuvers and the grade and further expand its storage fa- substantive debate over this issue The INEEL also manages the DOE cility if necessary. move forward expeditiously and that National Spent Nuclear Fuel program. Before committing to ship tons of nu- we address the issues that the law pro- This program performs the analysis clear waste through the heartland, I vides so we can make certain the and technology development to support believe we should spend much more Yucca Mountain facility is able to ma- inclusion of DOE-owned spent nuclear time in determining whether we can neuver forward into the permitting fuel in the repository license applica- transport this waste safely and keep process. tion. As Yucca opens, this program will these shipments away from our most As many of those who have debated play a larger role for DOE and the densely populated communities. I am today have already stated, this debate INEEL. confident that is what the people of is not about whether to open the Yucca Because of the history of the INEEL, Missouri want. Mountain facility so much as it is located near my hometown of Idaho The PRESIDING OFFICER. The Sen- about allowing the process of permit- Falls, I have been involved in nuclear ator from Alaska. ting to begin to take place. As my col- issues for many years. I visited Yucca Mr. MURKOWSKI. Mr. President, I leagues know, this is the required leg- Mountain and I have seen the dry, iso- see a couple of Senators, Mr. CRAPO islative procedure spelled out by the lated location President Bush has rec- and Mr. KYL. I want to point out to the Nuclear Waste Policy Act of 1982. ommended as the site for our Nation’s Senator from Missouri that nuclear en- In 1982, 20 years ago, Congress made permanent repository for spent nuclear ergy includes about 13 percent of the the decision we should begin resolving fuel and high-level waste.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6461 Right now, across the Nation spent Federal Government has an obligation Idaho just said, Isn’t it better to have nuclear fuel is stored in temporary fa- to provide for the permanent disposi- one site? If, in fact, we had one site, cilities near cities, homes, schools, riv- tion of spent nuclear fuel. and we are going to have all the nu- ers, lakes, and oceans. These tem- Development of the repository at clear waste at one site, that would be porary storage facilities were never in- Yucca Mountain will greatly enhance true. Except we are not going to have tended for long-term storage, but they our Nation’s energy balance by dem- just one site. We are going to continue have become that because our Nation onstrating that we can dispose of nu- to have sites all over the United States has bent over backwards to do all of clear waste created by nuclear power. with nuclear waste. Here is a very sim- the science needed to ensure perma- Today, with our dependence on foreign ple graph to understand. nent storage of nuclear waste at Yucca oil for so much of our energy supply, it Currently we have 45,000 metric tons Mountain can be done safely. After is critical we broaden our energy port- of nuclear waste in America. By the spending billions of dollars, our Na- folio in this country. When one looks time Yucca Mountain is supposed to tion’s best scientists say nuclear waste at the amount of money we pay to na- start receiving waste in 2010, we will can be stored safely at Yucca Moun- tions such as Iraq for oil, when we have 65,000 metric tons. When Yucca tain. No one can dispute the logic that could expand our reliance on other Mountain is completed in 2036, it will it makes more sense for the environ- sources of energy, including nuclear have 70,000 metric tons in Yucca Moun- ment, for national security, and for our power, one has to recognize the na- tain, but because we are producing new Nation’s energy policy to store spent tional security implications of this nuclear waste every year, spread nuclear fuel in one isolated location in vote today. around the country still will be 47,000 the desert of Nevada instead of leaving Nuclear power should play a greater metric tons, virtually the same as we it scattered across the country at over role in our Nation’s energy portfolio. A have today spread out all over the 130 temporary facilities. path forward for spent nuclear fuel will country. Some of the opponents of Yucca remove one bottleneck in the nuclear The Senator from Idaho has a very Mountain say we should not support energy fuel cycle. Under the Nuclear good argument to get the stuff out of S.J. Res. 34 and development of Yucca Waste Policy Act, if Congress does not his State. He has one of the few good Mountain because we cannot safely approve this resolution, the Yucca arguments, but everybody else does transport this material. To these oppo- Mountain project cannot go forward. not: If you have nuclear powerplants in nents I say we have safely sent thou- There will not be a nuclear repository your State, you will continue to have sands of shipments of nuclear waste at Yucca Mountain and nuclear waste nuclear waste in your State for as long across the country for decades. in 39 States across this country will as you have nuclear powerplants oper- I know other speakers have already stay where it is. ating. I ask my colleagues, Are we going to repeated this information before. But It is not a question of national secu- vote today to leave spent nuclear fuel it is critical to reiterate that in this rity. It is going to be safer to have it in and nuclear waste in New York, country we have seen 1.7 million miles one site. But we are still going to have Vermont, Illinois, Georgia, Michigan, of shipments conducted safely without all these other sites, so national secu- Connecticut, Washington, Idaho, and a release of radioactivity. That is over rity is focused on transportation more the many other States in which it is 2,700 shipments. As the Senator from than it is anything else. now located or are we going to move Alaska said earlier, in Europe where I thank the Senator for yielding. forward with a permanent repository they have been doing this for two and Mr. REID. Mr. President, I am going for spent nuclear fuel that makes sense a half decades, they have had over to yield 10 minutes to the Presiding Of- for this Nation and the environment? I 70,000 tons of radioactive material safe- ficer in a second. urge strongly my colleagues to vote in ly transported. Compare that record to Another thing my friend from Alaska favor of S.J. Res. 34. said is it is not going to travel through the risk that we would face if we do not I yield the floor. transport it. Mr. REID. Mr. President, my friend Missouri. This is one of the problems. For those in favor of stopping the de- from Alaska said if something happens It is like the ‘‘immaculate reception.’’ velopment of Yucca Mountain, the and one of these casks is breached, One day we will wake up and it is sud- issue of terrorism has been raised. If we there will be an explosion. But under- denly going to be there. I don’t know, have over 131 sites across this country stand, standing within 3 feet of a spent there are no transportation routes, but where much of this material is not fuel rod is a lethal dose—three feet. It it will get there because the DOE says stored safely—in a remote underground will kill you. It may not kill you im- it will. facility—the risk of terrorism would mediately. But you are dead. It will It can only go by train, truck, or rise. Even the risk from a hypothetical kill you pretty quickly. barge, and for barge transportation, ac- earthquake would be much greater at As has been brought out by my friend cording to the Nuclear Regulatory the 131 sites if they were left untreated from Nevada, the shipments are not Commission, the only tests that have or unresolved than at one central un- dangerous, relatively speaking. been done are by computer. They have derground location that is safe, secure, I yield 2 minutes to my friend from never stuck one of them in the water. and protected. Nevada to talk about that. It has all been done by computer. Whether one is looking at the safety Mr. ENSIGN. Mr. President, I do I yield 10 minutes to the Senator record of transportation or the risk of want to address the map that the jun- from Delaware. leaving these facilities with the stored ior Senator from Alaska has put up (Mr. REID assumed the chair.) nuclear fuel in them spread throughout over here. When he was talking to the Mr. CARPER. Mr. President, I thank the country in unsafe conditions, the Senator from Missouri, talking about the deputy majority leader for yielding conclusion must be that for our safety, the transportation through Missouri, this time to me. for the environment, and for our na- he was saying these things are already On the floor this afternoon I see tional security, we must move toward happening, going through Missouri, three, maybe four Senators—four of one underground, safe depository. going through her State, because that whom I have been privileged to serve There is also an equity issue before was the major reason she was voting with in the House of Representatives, the Senate. For decades, energy users against the Yucca Mountain proposal. one of whom I have just been privileged across this country who have received This is not the same kind of waste to serve with for the last year and a their electricity from nuclear power that is going to Yucca Mountain; oth- half. have paid a surcharge on their energy erwise, you would need a different kind The senior Senator from Nevada bill to pay the Federal Government to of repository. This is not as high a knows the great affection I hold for dispose of this waste. The Federal Gov- level of nuclear waste as is coming to him. He and I were elected to the ernment faithfully collected these fees Nevada. So to equate the two is irre- House of Representatives in 1982. We and assumed the responsibility under sponsible, I believe. We should not even came to Congress together in 1982. We law for developing a nuclear reposi- have that map on the floor. began our first years in the House of tory. Now after collecting these fees I want to clear up two other quick Representatives many mornings work- and doing the necessary science, the things. The first is, the Senator from ing out together in the House gym. I

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6462 CONGRESSIONAL RECORD — SENATE July 9, 2002 have had the privilege of knowing his of this year. We talked about the grow- long as he has, has certainly on occa- family and watching his kids grow up. ing demand, the rise in price of foreign sion when there has been a voice vote For me, and I know for many of us, this oil, now up 50 percent. We talked about wanted to be listed as voting yes or no. important policy decision is also a de- the huge and growing trade deficit we That certainly can be stated in the cision that is intertwined with the re- have in this country, over $300 billion RECORD. I have done it on a number of spect and admiration we have for our last year, maybe $400 billion this year, occasions myself. colleagues. I have great respect and ad- and a significant part of that is oil im- Senator ENSIGN and I wish to speak miration for both the senior and junior ports. longer. Senator KYL is here. It is my Senator from Nevada. I think we have begun a serious dis- understanding you would like to yield As some of you know, I spent a fair cussion and debate about what to do some time to him. number of my years in the Navy, 5 with respect to air emissions, how we Mr. MURKOWSKI. Mr. President, years on active duty, another 18 years can curtail sulfur dioxide, mercury, would you advise me on how much as a Reserve naval flight officer, most carbon dioxide, and nitrogen oxide time is remaining on our side? of that time on airplanes but other from powerplants in this country and The PRESIDING OFFICER (Mr. times on ships. I have been on ships other sources. CORZINE). The Senator has 50 minutes. that are nuclear powered. They in- Nuclear power, whether we like it or Mr. REID. How about here? The PRESIDING OFFICER. Forty- cluded aircraft carriers and sub- not, does not create sulfur dioxide five minutes remains for the Senator marines. I have known hundreds of peo- emissions. It doesn’t create mercury emissions. It doesn’t create nitrogen from Nevada. ple who lived many years of their lives Mr. MURKOWSKI. I yield 10 minutes on nuclear-powered vessels. When you oxide emissions. It doesn’t create car- bon dioxide emissions—it doesn’t con- to the Senator from Arizona. have that kind of background, you are The PRESIDING OFFICER. The Sen- maybe more comfortable with nuclear tribute to those. With respect to our environment and the quality of our air, ator from Arizona is recognized. power than those who have not lit- Mr. KYL. Thank you, Mr. President. erally lived on a floating nuclear pow- I think nuclear power is, if anything, a Let me make a general statement, erplant. friend. and also preliminarily comment on the I, as have a number of my colleagues, I acknowledge there are a lot of peo- debate that has been conducted by the had a chance to go to Yucca Mountain. ple who have legitimate concerns about two Senators from the State of Nevada. I visited the place. I talked to people the various aspects of nuclear power— They have been tenacious in the rep- who worked on that project for any a few of them have been pretty well resentation of their position. I take no number of years. I met with people in vetted here today. One of them is pleasure in opposing their position. Nevada who oppose the designation of transportation: how to move this nu- They are both fine Senators and are ex- Yucca Mountain and those who favor clear waste through dozens of States traordinarily good at representing the it. I have had the opportunity along and do so safely, especially in an age of interests of their constituents in this terrorism. with many of my colleagues to partici- pate in hours of hearings and other particular case. I know it is not just a There are concerns about the terror- matter of representing the people who ists themselves and whether or not meetings with advocates and opponents of designating Yucca Mountain and li- have spoken out from the State of Ne- they might strike, either at a site such vada. I have talked to Senator ENSIGN as Yucca Mountain or at a barge or a censing Yucca Mountain. In the end it comes down to maybe a lot, and he has argued his case with railroad or a highway. a lot of personal conviction that you Before I served in the Senate a year two votes: one, a procedural vote as to whether or not we are going to vote to don’t always see in this body. I com- and a half ago, I served as Governor of mend both of them and make the point Delaware. During those years, I became proceed to the final vote and that is one that would carry on to the licens- that I take no pleasure in opposing all the more mindful of the transpor- them. tation of hazardous waste through my ing of Yucca Mountain. I said to my colleagues on the Energy Committee a I do, however, strongly believe it is State and alongside my State via the month or so ago, I have agonized with time for us to move forward with this Delaware River and the bay which di- this vote probably as much as any in process, and the next step in the proc- vides the State of the Presiding Officer my memory, trying to do, on the one ess is the approval of this legislation. and my State. Every day hazardous hand, what I think is the right thing Then there are other things that have materials make their way up and for my country and trying to treat my to be done, including the Department down the Delaware River. Throughout dear colleagues the way I would want of Energy action. I–95/I–495, which crosses my State and to be treated. It is a tough call. It is I want to make a comment about the railroads of my State, the Norfolk tough for me and I know it is for many this issue of the storage of nuclear Southern and CSX, we have dangerous of us. waste because the Palo Verde nuclear- materials every day traverse through- We have two votes. On the first vote, generating station just west of the city out Delaware—sometimes hazardous on the motion to proceed, if my vote is of Phoenix is the biggest in the coun- materials, sometimes explosive mate- needed—and I am going to stand in the try. It is a huge, successful, good nu- rials. We have learned to deal with well there—if my vote is needed in clear-generating station. It stores an them and deal with them safely. In Eu- order to be able to proceed to the final awful lot of waste. In fact, I believe, ac- rope, they have shown a record over vote, I will vote yes—if my vote is cording to the Nuclear Energy Insti- time of being able to transport nuclear needed. tute, more than 45,000 metric tons of waste in a way that is safe as well. On the final vote, if the motion to high-level radioactive waste are housed I know people who are concerned proceed is approved, I will vote yes on at the 131 sites in 39 States—sites such about nuclear power because of the the designation of Yucca Mountain. as Palo Verde. possibility there will be an accident at With that, I thank the deputy major- If we don’t use a storage facility such a nuclear powerplant. I acknowledge ity leader for yielding his time to me. as Yucca Mountain, the problem only those concerns are not illegitimate. Mr. MURKOWSKI. Mr. President, to gets worse. Each year, about 2,000 more The safety record of the nuclear power respond very briefly, under the agree- tons of radioactive waste are being industry has been better in the last 10 ment, there will be a rollcall vote on added to the total. years than probably in all the years be- the motion to proceed; then the agree- Senator ENSIGN made the point that fore, and it continues to improve. ment is that there will be a voice vote even if we have a site such as Yucca While I acknowledge, on the one on the final resolution. Mountain, of course, we are still going hand, the legitimate concerns about Mr. CARPER. I appreciate that. to have the other storage sites around nuclear power being a viable, growing When we vote, I will be here to vote. the country. That is very true. But I part of the generation of electricity in When the yeas and nays are asked for, think it begs the question of what we our country, I want to talk briefly my voice will say yes on that final are going to do with the majority of about the virtues, the advantages of vote. this waste. nuclear power. We had a great debate Mr. REID. Mr. President, the Senator It is a little like saying since every on energy policy over the earlier part from Alaska, having served here as Wednesday morning everybody in my

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6463 area of Phoenix is going to put their disappointed that some people—clearly site at individual facilities even if garbage out, and because we keep pro- not those on the floor of the Senate Yucca Mountain is licensed, as nuclear ducing garbage, we should not have a today—but there are some who have reactors continue to operate and gen- dump to where all of that garbage is really attempted to scare people in in- erate waste. taken. It is certainly true that every dividual communities with the notion But to keep all of the current and fu- Wednesday everybody is going to put that somehow there will be some great ture waste on-site at approximately 100 their garbage out. We produce more catastrophe as a result of the transpor- sites in above ground storage is not a garbage, and to store it onsite is in ef- tation of this material. That is so un- prudent long-term solution. In fact, fect storing it on the curb. That likely as to be something that should many facilities will be reaching their doesn’t argue for the proposition that not be of concern to us as we move for- storage capacity long before their li- there should not be a central reposi- ward with this legislation. censes expire. For these reasons, while tory where that material is taken and I urge my colleagues to recognize we continue to move forward with disposed of in a proper way. that at some point something has to be Yucca Mountain, we must also step up That is what we are talking about done. We can’t just allow the waste to our security at all the nuclear facili- here. We are going to continue to sit where it is. There is a safe, scientif- ties sites around the country. If all sys- produce waste. There will have to be a ically proven location where the mate- tems are a go with Yucca, it will be at place to temporarily store it at each of rial can be stored. The transportation least 10 years before any waste is these nuclear-generating facilities has also been throughly considered by moved. around the country. But eventually, the scientific community. A method My record is clear. I have supported when it cools off, it is put into these for transporting it has been developed. nuclear power and the obligation of the casks and transported to Yucca Moun- Sandia Laboratories, which has done a Federal Government to take responsi- tain. That is where most of the sci- lot of testing, assures us it would with- bility for nuclear waste. I am one of a entists have decided is the right place stand the most extreme accident sce- handful of current Senators who was to put it. narios. here in 1982 to vote on the National Nu- As a matter of fact, the scientific re- For all of these reasons, I think it is clear Waste Policy Act of 1982. I sup- ports of the Department of Energy con- important for us to move on, get be- ported that initiative and again in 1987, clude that a repository at Yucca Moun- yond this next step, and allow the DOE I supported amendments to the 1982 act tain would protect the public health now to look at this Yucca Mountain which singled out Yucca Mountain to and safety in accordance with the EPA site for licensing. be examined as a nuclear waste reposi- and NRC guidelines. The Nuclear Regu- Again, I commend all of my col- tory. However, I have voted against latory Commission is in support. The leagues for the way in which this de- both the idea of interim, above ground Nuclear Waste Technical Review Board bate has been conducted. This is an consolidated storage and moving for- is in support. The experts on the Na- emotional issue with a lot of people ward with the process before the Sec- tional Academy of Sciences panel who around this country. But the debate retary of Energy formally rec- recommended the site note that there has been responsible and serious and ommended Yucca Mountain. is ‘‘worldwide scientific consensus’’ for based upon good science. I commend No one knows the costs and benefits the idea. both the proponents and the opponents of nuclear energy more than the resi- I might also add that there is now a for the way they have conducted this dents of my State. Connecticut has two new element that is injected into the debate. operating nuclear facilities and two debate. That is the element of ter- Thank you, Mr. President. permanently shut down facilities that rorism. We can’t talk about that a lot Mr. DODD. Mr. President, today, I are undergoing decommissioning. Nu- on the floor of the Senate. I am on the am prepared to vote in support of S.J. clear energy provides more than 45 per- Intelligence Committee. I can assure Res. 34 which approves the site at cent of the electricity generated in my colleagues that it is a significant Yucca Mountain for the development of Connecticut. Only Vermont, New issue to have this waste dispersed at a a repository for spent nuclear fuel, pur- Hampshire, New Jersey, Illinois and variety of sites around the country in suant to the Nuclear Waste Policy Act South Carolina have a larger percent- the conditions that currently pertain. of 1982, but I do so with great caution. age of electricity generated by nuclear It would be much better if we were able The vote we cast today does not give power. to take a majority of it, when we carte blanche to move this waste. In- It is a fact that while I have sup- could, to one site that is clearly safe stead, it signals a continuation of a ported nuclear power, I have also been from terrorism. Yucca Mountain is a process begun in Congress more than one of its most vocal critics when I be- remote location. It is 100 miles away two decades ago. The risks are not in- lieved the industry and oversight agen- from the nearest metropolitan area. It significant and in the coming months cies failed to exercise appropriate con- has the highest security—again, be- and years many steps must be satisfied trols over the facilities in my State. cause of its general proximity to the and many scientific tests undertaken I have also been a champion of the Nevada Test Site and Nellis Air Force before a license is issued by the Nu- need for alternative energy sources, in- Range. Those are reasons we think it is clear Regulator Commission and a sin- cluding renewables, to meet our grow- important to go ahead with the next gle shipment of waste is moved. In ad- ing energy needs and offset our step of the process and get this mate- dition, there must be open dialogue dependance on energy sources that gen- rial to Yucca. among industry, organizations, trans- erate waste, pollute our environment With respect to transportation, we portation experts, and government en- and cause public health concerns. I ap- know that there have been a lot of tities at the Federal, State, and local plaud people, including many of my questions raised. But the truth is we level to determine a safe and workable colleagues, who champion these issues, have had 45 years of experience and transportation system. If the ongoing drive fuel efficient and cleaner burning 3,000 successful shipments of used nu- scientific, environmental, or public automobiles, and make personal clear fuel. That is not exactly the same safety tests are not satisfactory, or a choices to use alternative energy as this fuel, but we have much better transportation system is deemed un- sources in their daily lives. casks now—these steel casks that have workable, then the site should not be We will be judged by future genera- been described in detail here on the licensed. tions not only by the decisions we floor that will be used for the transpor- For Congress to stop the process make in the coming months and years tation of the material. today with no viable, permanent alter- regarding nuclear waste, but also by There have been no radiation re- native solution on the table is short- the bold choices we make regarding our leases, fatalities, or injuries, nor any sighted and wrong. I recognize the lim- future energy security and the health environmental damage that has oc- itations on the amount of waste that and welfare of our planet. curred as a result of the transportation Yucca Mountain can accept and the This is not a perfect solution, but a of this radioactive cargo in the past. length of time it will take to transport reasonable step if the risks can be man- I am a little distressed by the fact the waste. I further understand that aged. I hope that it will be looked upon that people have been scared. I am very some waste will necessarily remain on as such in years to come.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6464 CONGRESSIONAL RECORD — SENATE July 9, 2002 Having said that, while I support the continue to increase conservation ef- sideration of the energy bill, I offered substance of this resolution, I voted forts which have already substantially two amendments to address these prob- against the motion to proceed. As contributed to reducing our reliance on lems and promote the growth of nu- chairman of the Rules Committee, I imports. We simply must diversify the clear energy. Both amendments were take the rules of the Senate very seri- source of our energy supply and we can included in the Senate version of the ously. It is my belief that despite what do so while protecting our precious energy bill, and I hope the conferees may have been written into the Nu- natural resources. will keep them in the final version. clear Waste Policy Act of 1982 and 1987, One of our great untapped resources The first amendment reauthorizes I believe it is the fundamental preroga- is nuclear energy. It is an important the Price-Anderson program, which tive of the Majority Leader to set the part of meeting our Nation’s energy provides liability protection to the agenda of the Senate. My under- needs and harmonizing our energy and public paid by the industry. The second standing is that at no time in the re- environmental policies. Over the past amendment provides needed Nuclear cent history of the Senate has that pre- 40 years, we have seen how safe and re- Regulatory Commission reforms to ad- rogative been violated. Moreover, I fail liable nuclear energy can be. We use it dress the human capital crisis that is to see why my colleagues felt the need today. Nationally, we obtain 20 percent impacting the NRC, improves licensing to violate that prerogative today. of our electricity from nuclear energy and decommissioning oversight, and There are still more than 2 weeks to plants and in my State of Ohio, nuclear strengthens anti-trust protections by bring this matter to the floor under es- power provides 12 percent of our total. moving the review process from the tablished practices of the Senate. Fur- But this level is far below what other NRC to the Justice Department. thermore, it is worth noting that this countries do. For example, France de- But the biggest impediment to the matter was brought up by the minority rives 70 percent of its electricity from growth of nuclear energy could not be during the middle of a very important nuclear power; Sweden uses 39 percent; addressed in the energy bill and that is debate to address wrongdoings and South Korea 41 percent; and Japan uses what brings us here today. Congress shortcomings in the accounting indus- 34 percent. recognized the importance and neces- try and corporate sector. I want to One of the reasons these countries sity of having one storage site for make this very clear, my vote against use so much nuclear energy is that it spent nuclear fuel in 1982 with the pas- the motion to proceed was not against produces zero harmful air emissions. sage of the Nuclear Waste Policy Act, S.J. Resolution 34, but out of respect None. I am not sure that many people which was signed into law. That law re- for the practices and prerogatives of realize this. Throughout my career, I quired the Department of Energy to lo- the Senate. If there had been a re- have been actively involved in the de- cate, build, and operate a deep, mined corded vote on S.J. Res. 34, I would bate concerning how to reduce emis- geologic repository for high-level nu- have voted aye. sions from power plants and continue clear waste. Mr. VOINOVICH. Mr. President, I to provide safe and reliable electricity In response to this law, the Energy rise today in support of establishing a to consumers. This has been difficult, Department identified, studied, and se- permanent nuclear repository at Ne- however, because so many so-called en- lected viable potential sites for this vada’s Yucca Mountain. Establishing a vironmentalists raise issue with all of purpose. In 1987, Congress then amend- single site for high-level nuclear waste our energy alternatives. ed the law and designated Nevada’s is the best thing we can do to meet our For example, here’s what they say: Yucca Mountain as the only site that growing energy needs in an environ- coal, which supplies 52 percent of our could be considered and stipulated the mentally sound manner, support our energy, is too dirty. Hydropower, further study was required to deter- domestic economy, and protect our na- which supplies 7.3 percent of our total mine whether that site was suitable. tional security. energy, is criticized because the dams Congress stipulated that the nuclear One of my goals in coming to the can disrupt the ecosystem. Due to waste storage facility was to be com- Senate was to enact a comprehensive lengthy and complicated environ- pleted by January 31, 1998. Obviously, U.S. energy policy that harmonizes our mental regulations, it is nearly impos- this deadline has not been met because energy and environmental needs. I sible to build new pipelines for natural the Energy Department wanted to be worked hard with my colleagues on the gas, which supplies 16 percent of our thorough and base their decision on Energy bill and after 6 weeks of debate, energy. Even windmills, the source so science. Some of my colleagues would this body finally passed legislation many of my colleagues point to, has have you believe that this was a rash that does just that. Our challenge in siting difficulties due to their noise decision. On the contrary, Secretary the energy bill was to encourage devel- and unsightly appearance. Nuclear Abraham recommended Yucca Moun- opment of domestic energy sources in a power, which supplies 20 percent, has tain after two decades and $7 billion of balanced way that respects seemingly been demonized because of the waste scientific research. competing needs, the economy and the issue, which can be solved. In addition, President Bush affirmed environment. These are not competing The science for using nuclear energy this recommendation. The House of needs, however. A sustainable environ- has been rapidly developing over the Representatives affirmed this rec- ment is critical to a strong economy, past several decades and nuclear en- ommendation overwhelmingly by a and a sustainable economy is critical ergy offers one of the best alternatives vote of 306 to 117 in May. The Senate to providing the funding necessary to for the future: a clean-burning and reli- Committee on Energy and Natural Re- improve our environment. able source of energy. sources affirmed this recommendation In order to maintain a strong econ- Since 1973, the use of nuclear energy by a vote of 13 to 10 in June. Now it is omy, we will have to produce more en- has prevented 62 million tons of sulfur the Senate’s turn. ergy to keep up with the growing de- dioxide and 32 million tons of nitrogen All of this support is based on mand. According to the Department of oxide from being released into the at- science. This is exactly what we want Energy, we need to increase by 30 per- mosphere. Nuclear energy also releases to see in the formation of public policy; cent the amount of energy we produce none of the so-called greenhouse gas science driving the policy. in the United States by 2015 in order to emissions, such as carbon dioxide. In Yucca Mountain is located approxi- meet our county’s demand. To ensure fact, according to the Energy Informa- mately 90 miles from Las Vegas in an that consumers have access to low- tion Administration, nuclear power has area that averages about seven inches cost, reliable energy, we must make offset more than 3.1 billion metric tons of rainfall a year. The Energy Depart- use of every available resource instead of carbon emissions between 1960 and ment does not expect water to come of putting all of our eggs in one basket. 2000 that would have been generated by into contact with any of the nuclear We need to increase our production of fossil fuels. material that will be stored there for oil, gas, coal, nuclear energy, and re- Nuclear energy has incredible poten- more than 10,000 years. Surrounded by newables. Keep in mind that only two- tial as an efficient and clean source of unsaturated rock layers, nuclear waste tenths of 1 percent of our total elec- energy, yet we face some major impedi- would be stored approximately 1,000 tricity comes from wind and solar ments that prevent us from taking full feet above any water, which is still power. At the same time, we need to advantage of its benefits. During con- about 1,000 feet below ground.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6465 Even if water somehow infiltrated ty. During this period, more than 3,000 scientific characteristics to serve as a Yucca Mountain and corroded the seal shipments have traveled 1.7 million repository, the Nuclear Waste Policy and then penetrated the robust fuel miles on roads and railways with only Act was amended to direct the Depart- containers before 10,000 years passed, eight minor accidents: no injuries, fa- ment of Energy to study Yucca Moun- natural and engineered barriers would talities, or release of any radiation. tain as a potential storage site. prevent or limit any release of radi- There are two reasons for this suc- The Federal Government has spent ation. Furthermore, Yucca Mountain is cess. First, the containers for the over 20 years and $8 billion analyzing located in a hydrologic basin, in which waste have been tested rigorously and studying potential sites for dis- water does not connect to any rivers, under extreme conditions, including posal of nuclear waste. This serious in- oceans, or the groundwater system being dropped from buildings, hit by vestment of money and human capital that serves Las Vegas. Through years trains, and burned at high tempera- has led to the clear conclusion that of scientific research, it has been deter- tures. Second, there are numerous safe- Yucca Mountain is indeed scientif- mined that the site is secure and that ty measures that federal agencies and ically and technically suitable for de- radiation exposure to the public would state and local governments have de- velopment. be well below both the stringent EPA veloped, including satellite posi- As a result of this massive effort, on limits and natural background radi- tioning, designation of special routes, February 14, 2002, Secretary of Energy ation levels. police escorts, inspections, and emer- Spencer Abraham formally rec- Let me emphasize: The resolution we gency response planning. ommended to President Bush that the are considering allows the Yucca Over the next 10 years as new sci- Yucca Mountain site in Nevada be de- Mountain program to continue to the entific discoveries are made, it is like- veloped as the Nation’s first long-term next step; it is not the end of the proc- ly that new regulations, procedures, geologic repository for high-level ra- ess. The site must still go through a and technology will offer further im- dioactive waste. I fully support this rigorous licensing review, which is ex- provements to the safety and security designation, and I will vote to move pected to last up to five years. More- of transporting spent nuclear fuel to forward with the process, allowing the over, the NRC still must address a Yucca Mountain. And the NRC in con- bipartisan regulatory experts at the whole host of issues including moni- junction with other federal agencies Nuclear Regulatory Commission to toring and testing programs, quality will continue to examine the safest and make a final determination of whether assurance, personnel training, and cer- most effective means of transport and to allow storage at the site. tification, emergency planning, and storage. Colorado, and indeed the Nation, has more. Failure to approve this resolution much to gain from the opening of Additionally, the NRC must use will have serious costs to our economy Yucca Mountain. Material that is cur- standards adopted by the EPA specifi- and national security. Our nation has rently scattered throughout the United cally and exclusively for Yucca Moun- already spent $7 billion over 20 years States will finally find a safe long-term tain. These strict standards provide researching this specific site. The shelter at Yucca Mountain—isolated in that an engineered barrier system greater cost is the current danger we the remote Nevada desert. should be designed to work in combina- face across our nation with 131 facili- Those opposed to opening Yucca con- tion with natural barriers so that, for ties in 39 states storing more than tinue to argue about the method of de- 10,000 years following disposal, the ex- 40,000 tons of spent nuclear material. livery to Yucca Mountain. Much has pected radiation dose to an individual To put these numbers in perspective, already been said in this respect, but I would not exceed 15 millirems total ef- about 160 million Americans live with- would like to point out that in the last fective dose equivalent per year, and 4 in 75 miles of these sites. 40 years, more than 3,000 shipments of millirems per year for groundwater ex- Establishment of a repository at spent nuclear fuel have traveled 1.6 posure. Yucca Mountain would allow all of the million miles in the United States with These are exceedingly stringent nuclear waste to be stored in one place, no radiation related injuries or deaths. standards designed to protect the pub- underground in a remote location. The The Nuclear Regulatory Commission lic from any harmful exposure, now or site is on federal property with re- has performed numerous safety tests in the future. To illustrate what the stricted access to the land and air- on the multi-layered containers that numbers mean, let me offer two exam- space, and as a further safeguard, the carry the nuclear substance. These ples. In Denver, Colorado, due to the Nellis Air Force Range is nearby. From tests, often exceeding regulatory re- higher altitude and cosmic radiation a national security perspective, one quirements, have never yielded any from the sun and stars, residents are site is easier to defend then many fa- negative or potentially harmful re- subject to at least 15 millirems of radi- cilities scattered throughout the na- sults. Additionally, nuclear waste is a ation more per year than people who tion. solid that is not flammable and cannot live in my hometown of Cleveland. On The current situation is also costly explode. The casks have surpassed ex- average, Americans are exposed to 4 in terms of capacity. The facilities pectations during rigid drop tests, millirems of radiation per year through which currently store this spent fuel puncture tests, heat exposure trials the naturally occurring radioactive po- are only designed to be used on an in- and submergence drills. tassium in the 140 pounds of potatoes terim basis and space is limited. The Public safety has always been a pri- that an individual eats on average each Energy Department estimates that re- ority, but has become even more im- year. placement facilities at each interim portant in this unprecedented time of This rigorous licensing process com- site would have to be built every 100 threat to our national security. I be- bined with the full completion of the years with major repairs every half lieve that the centralization of our site is expected to take 10 years. There- century. used nuclear waste 1,000 feet beneath fore, unlike most of the attention this Nuclear power is a necessary and the earth’s surface in a single, highly matter has received in the media, our sound part of our energy future that secure location is preferable to the cur- action in the Senate will not begin the makes sense for our environment and rent scattered distribution of nuclear transportation of nuclear waste to the our economy. Furthermore, because it waste in 131 temporary surface facili- repository. Instead, this resolution protects national security and the safe- ties in 39 States. simply affirms the science behind the ty of all Americans, I urge my col- Without Yucca Mountain, the fuel at project and allows the experts to con- leagues to listen to the science and the Fort St. Vrain facility will remain tinue to move ahead with their anal- support this resolution to affirm the there indefinitely. This means that the yses and reviews. President’s recommendation to estab- 2.6 million people in Colorado that live While some people have concerns lish a permanent nuclear repository at within 75 miles of a nuclear facility about the transportation of nuclear Yucca Mountain. will continue to live in close prox- waste, many people may not realize Mr. ALLARD. In 1982, Congress imity; our citizens will be forced to that nuclear waste has been shipped passed the Nuclear Waste Policy Act. wait another 20 years and spend 8 bil- across our country since 1964 and that In 1987, after being ranked as the site lion more taxpayer dollars to find an- it has an amazing track record of safe- that possessed the best technical and other suitable site. Without Yucca

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6466 CONGRESSIONAL RECORD — SENATE July 9, 2002 Mountain, major metropolitan areas in In many meetings with the NRC icy of simply treating spent fuel as my State will still have only 20 miles chairman, as well as many of the com- ‘‘waste’’ deserves careful debate. Spent between their town limits and a nu- missioners, I have always been im- fuel has immense residual energy con- clear facility that stores fuel above pressed with their intent to deal with tent. I am not convinced that we ground. Without Yucca Mountain, this, or any licensing issue, through should be making a decision today that waste being stored at facilities that are careful study of the relevant scientific future generations will have no inter- safely designed to hold waste for 50 to facts. The NRC has the expertise to est in this superb energy source. 100 years will have to wait untold years evaluate these outstanding issues, and I have noted that alternative spent for a new destination, costing billions I am confident that they will do so fuel management strategies should be of dollars. Without a favorable decision with great care. carefully studied and evaluated. Re- on Yucca Mountain, a facility that is It is not up to the U.S. Senate to de- processing and transmutation could designed to store nuclear material cide on the complex scientific issues not only recover residual energy, but safely for 10,000 years will shut down. that will eventually determine the fate could also vastly reduce the toxicity of It is important to note that this vote of a license for Yucca Mountain. Our the final waste products. does not mean that Yucca Mountain vote today is solely on the question of I am pleased that the Department will open tomorrow. What it does whether the licensing process con- plans for all spent fuel in Yucca Moun- mean, is that the next phase of science tinues. tain to be fully retrievable for at least can begin in earnest—highly skilled I have been very sorry to see the 50 years. We may find that these new nuclear experts will determine whether overblown concerns on transportation approaches can even be applied to the the facility merits a license to begin by those who wish to block further spent fuel in Yucca Mountain and they accepting the material. After that, any evaluation of Yucca Mountain. Appar- certainly will influence any additional shipping is subject to strict Nuclear ently the opponents of Yucca Mountain repositories that we may need. Regulatory Commission and U.S. De- are so intent on winning this battle In my view, the Nation is far better partment of Transportation guidelines that they are willing to use transpor- served by beginning to move spent fuel and regulations, and would not begin, tation issues to frighten the American into a single well-secured repository if Yucca is finally approved, until 2010. people into abandoning nuclear energy. than to leave it stored in temporary fa- I support the Yucca Mountain That would be a colossal mistake for cilities at 131 sites in 39 States. I sup- Project, and will continue to be an ac- our nation and would seriously under- port the joint resolution to override tive participant in the debate. I en- mine national security. the veto of the Governor of Nevada and courage my fellow colleagues to sup- The simple fact is that transpor- continue evaluation of Yucca Mountain tation of nuclear materials is a chal- port the project, and fulfill the require- as our Nation’s future repository. lenging and risky operation, but it is ments of the law imposed by Congress Mr. HATCH. Mr. President, I rise also an operation that has been exten- some 20 years ago. today to speak regarding the proposed Mr. DOMENICI. Mr. President, I am sively studied and engineered for suc- national nuclear waste repository at pleased that the Senate is preparing to cess. In the United States, as well as in Yucca Mountain, NV. After serious vote on the resolution that would allow other countries, the record for trans- consideration of this issue over the last porting spent fuel is superb. Opponents continued evaluation of Yucca Moun- several years and after carefully study- need to remember that the shipping tain’s suitability for a high-level nu- ing the track record of the nuclear in- casks for spent fuel are designed to clear waste repository. I compliment dustry in the United States, I have withstand the most rigorous condi- Senator BINGAMAN on his resolution concluded that I will not stand in the tions, and routes will be carefully cho- and on his success in reporting that way of sending this waste to a perma- sen to further limit risks. nent repository at Yucca Mountain. I resolution out of the Energy and Nat- In the United States, since 1960, we also understand the reservations ex- ural Resources Committee. have shipped spent fuel about 2700 Members don’t need to be reminded pressed by many of my colleagues in times and it’s traveled over 1.6 million this Chamber, and I have certainly of the vital role that nuclear energy miles. Sure, there have been a few acci- taken such considerations into account plays in our national security. There is dents. But no radiation has ever been in making my decision. no question that it directly impacts released in any of them. our environmental security and our en- The record at the Waste Isolation Utahns have a right to be skeptical ergy security. Without nuclear energy, Pilot Project is also spectacular. In about government promises with re- we would have far dirtier skies and be their 3 years of operations, they have gard to the handling of nuclear mate- far more dependent on foreign energy logged about 700 shipments traveling rials. In Utah, we have had more than supplies. over 1.5 million miles. And in Europe, our share of victims from government I have argued repeatedly that our na- over 70,000 metric tons of spent fuel activities relating to atomic testing tion must maintain nuclear energy as a have been shipped, an amount roughly and the uranium industry. I have met viable energy source far into the fu- equal to the total authorized limit for with too many Utahns who are suf- ture. With advanced technologies, it Yucca Mountain. fering needlessly. These Utahns were can become a fuel for centuries into Furthermore, in any debate about my inspiration when I passed the Radi- the future. Its clean reliable baseload transportation, the simple fact is that ation Exposure Compensation Act power will be essential in powering our route selection and detailed planning through Congress and when I improved economic growth for future genera- will begin at least 5 years before the this legislation a few years ago. Over tions, just as it is a vital component of first shipment and that the total num- the years, the act has provided com- today’s economic successes. ber of shipments in a year will be pensation to thousands of downwinder For nuclear energy to continue to around 175, a far cry from the 300 mil- victims. support our economy, we must address lion annual shipments of hazardous One of the top considerations in my the waste issue. There is no denying materials that are currently moving decision on this issue has been the fu- that these wastes represent an area of around the country. There will be plen- ture of a proposal for a temporary stor- risk but every energy source requires a ty of time to debate and optimize ship- age site on the Skull Valley Goshute balance of benefits and risks. The risks ping plans before any spent fuel moves. Indian reservation in Utah. Skull Val- associated with nuclear waste are ones In responding to the outstanding ley has been targeted by a private con- that we can fully control. issues raised by the NRC, I’m sure the sortium of nuclear electric generators I am well aware that hundreds of out- Department will continue to analyze as a temporary site for nuclear waste standing issues have been identified by the mountain and improve their mod- en route to Yucca Mountain, NV. I the Nuclear Regulatory Commission. eling and simulation. That is certainly have concluded that if the plan to send And the Department is well aware that important research that I fully sup- high level nuclear waste to Yucca they must address each and every one port. But I want to note that other re- Mountain is not approved, Skull Valley of the NRC issues before the Commis- search is also vital. will likely become the targeted alter- sion is going to move towards a final li- I have spoken on many occasions native for permanent storage even cense. with my concern that the Nation’s pol- though it is a private project only

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6467 being considered as a temporary facil- tricity. The obvious downside to nu- nearly 13,000 rail shipments over 38 ity. clear power is that its waste is harmful years, one of the highest in the Nation. I have many concerns regarding the to people. Yet, several States benefit And what is not transported by rail proposed Skull Valley site. Chief from the relative clean power that nu- will be transported by truck in I–70 and among these is that it would pose a se- clear plants generate. Clean air, clean through Vail Pass, a difficult mountain rious threat to the nearby Utah Test water, and efficient power are signifi- road winding through Colorado’s and Training Range, which is one of cant benefits that some enjoy. Rocky Mountains. Trucks wreck all the most important bombing ranges My opposition to designating Yucca the time on I–70. I am happy to know available to our military. The dangers Mountain is deeply rooted in my that we have not had any major nu- involving live ordnance or aviation ac- strongly held belief in States’ rights. I clear waste accidents by truck, but am cidents in the vicinity of the proposed believe that States should determine troubled by the possibility, just the above-ground nuclear storage casks their own destiny—when States elect same. present an unacceptable risk. Sec- or choose to benefit from a program or A colleague made a logical argument retary Abraham of the Department of policy, then those States should cor- about the benefits and risk. For him, Energy has made it clear to me that respondingly assume the costs, costs the benefits of designating Yucca the Department will not reimburse the that might not only be monetary. mountain make the risks tolerable. I nuclear industry for storing nuclear My State of Colorado did not choose am unable to make the determination. waste at Skull Valley. By not funding to build nuclear power plants. My Because I don’t know what the trans- the Skull Valley site, the Department State of Colorado did not choose to portation routes will be and my Gov- of Energy provides a significant incen- enjoy the benefits that nuclear power ernor does not have authority to des- tive for generators of high level nu- offers. Correspondingly, my State of ignate or oppose routes, I can’t engage clear waste to find solutions to storage Colorado never chose to assume the re- in a cost-benefit analysis. problems either on-site or to send ma- sponsibility of storing nuclear waste In the absence of state oversight au- terials directly to the permanent site and, therefore, we do not. thority to regulate, and without suffi- proposed at Yucca Mountain. Some States favor storing nuclear cient information on route designa- Also a top concern for me and many waste and enjoy the economic benefits tions, the risks are too great for this Utahns has been the issue of the safe of doing so. My neighbor to the south, Senator to approve Yucca Mountain. and secure transportation of these ma- New Mexico, for example, chose to Mr. KERRY. Mr. President, I rep- terials through Utah as they travel to store nuclear waste in Carlsbad. The resent a State with one active nuclear Yucca Mountain, NV. As you may be WIPP facility there is a major source reactor powerplant and a second de- aware, well over 80 percent of the high of revenue for the community and the commissioned nuclear power plant, level nuclear waste proposed to be State. Although it has some detrac- both of which are storing nuclear waste stored in Yucca Mountain is projected tors, I think that it is widely regarded far beyond their initial design limits. I to travel through populated areas of as a big plus. The State of Nevada, can assure you there is much concern Utah. however, unequivocally opposes storing within my State over what the govern- Only after receiving a firm commit- waste at Yucca Mountain. It objects ment plans to do with nuclear waste ment from Secretary Abraham that the for a variety of reasons. Whereas the and a sense of urgency to get some- Department of Energy will work with State of New Mexico considers storing thing done. I cannot in good conscious the State of Utah to formulate an en- nuclear waste good for business, the however vote to make Yucca Mountain hanced and updated transportation State of Nevada believes that storing the destination for all of our nuclear plan do I feel confident in casting this nuclear waste at Yucca will kill busi- waste when a number of studies urge vote today. The plan will address oper- ness. Nevada’s economy relies, perhaps caution and further study to make sure ational procedures, additional emer- more than any other State in the Na- that we are not making a mistake, a gency first responder training, and co- tion, on tourism. mistake that could plague the people ordination efforts between State gov- I cannot, in good conscience, vote to of Nevada and potentially more than 40 ernments and the Department of En- override a Governor’s veto, when the other States in which we will transport ergy regarding the safe transit of nu- long-term effect has the potential to this nuclear waste in the years to clear materials to Yucca Mountain. I destroy that State’s economy. During come. would like to make it clear that the hearings before the Committee on En- In the late-1970s President Carter, Utah congressional delegation will ergy and Natural Resources on desig- himself a nuclear engineer, initiated an closely monitor the development of nating Yucca, I noted my moral opposi- Interagency Review Group, IRG, to this updated transportation plan. tion. Today, I reiterate that argument. solve once and for all the high-level nu- In closing, I want to underscore how I likened the issue to a homeowner clear waste problem in the United difficult this decision has been for me. who builds his big house on a small lot, States. The IRG tasked the Depart- I could never support any policy that and then realizes that he failed to build ment of Energy with finding the best would place Utahns at risk, and I be- a septic tank for the house. Rather sites in the country for storing our nu- lieve that my decision to support the than change his design, the homeowner clear waste. At the same time, the En- Yucca Mountain project is consistent just puts the septic tank on his neigh- vironmental Protection Agency, EPA, with that. This decision has come down bor’s property. I don’t want someone and the Nuclear Regulatory Commis- to my commitment to fight against the else’s septic tank on my property. The sion, NRC, were tasked with developing ill-advised and under-equipped facility State of Colorado doesn’t want a septic criteria for the selection of sites. Then, proposed for Skull Valley, UT, and a tank. We shouldn’t force Nevada to be in 1982, Congress enacted the Nuclear firm commitment from the Depart- a septic tank for other States. Waste Policy Act, NWPA, which in- ment of Energy concerning the safe Furthermore, I am concerned about cluded a commitment to identifying and secure transportation of these ma- the routing of nuclear waste shipments two sites. Between 1982 and today, how- terials. With these strong commit- going through Colorado toward Yucca. ever, the process was changed. In 1987, ments from Secretary Abraham, I have I realize that the routes that have been Congress amended the NWPA by direct- decided that I should not stand in the referred to are not certainties, but ing DOE to develop only one site, way of sending this waste to its perma- they are certain possibilities. After Yucca Mountain. Yucca Mountain was nent resting place in Yucca Mountain. this vote, the Congress will have a very selected as the only site for purely po- Mr. CAMPBELL. Mr. President, I rise limited voice in choosing routes. I litical reasons. today to speak on designating Yucca share many of the same transportation Over the years, the EPA has lowered Mountain as the Nation’s waste reposi- concerns some of my colleagues have standards when they discovered that tory in the State of Nevada. expressed. I don’t want to restate all of Yucca Mountain could not meet the ex- But before I start, I would like to get their points. Rather, I just want to isting ones. They abandoned a collec- a few things clear. First, I don’t oppose note that if Yucca mountain moves for- tive radiation dose limit when it was nuclear power. Nuclear power is an effi- ward, Colorado will likely be a major discovered that the Yucca site could cient and clean way to generate elec- transit route for nuclear waste with not meet it, and, just last year, the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6468 CONGRESSIONAL RECORD — SENATE July 9, 2002 EPA promulgated final standards for this time, there were 47 safety inci- cedural grounds, I agree with the ma- licensing Yucca Mountain that rely on dents involving nuclear shipments, in- jority leader that to consider the issue dilution of nuclear waste as opposed to cluding six accidents. Much is left to be now would be an unacceptable diver- containment. In other words, we decided on transportation and I for one gence from Senate practice and proce- changed the standards so that we did am reluctant to proceed until we have dure. It is the right of the majority not have to change the site. Yucca answers as to how this material will be leader to schedule the consideration of Mountain was picked, in part, because shipped, on what routes, by what legislation on the floor of the Senate, it is an arid, unpopulated area already means and near what major cities. and for me to vote for this motion owned by the federal government, None of these questions have been an- would be to sanction what I view as an which used it as a nuclear test site swered, and I believe we should know if inappropriate procedure. from the 1950s to the early 1990s. The we can move this radioactive waste But the biggest problem is the sub- original theory was that, if canisters safely before we designate a national stance of this plan. I don’t believe that deteriorated, there would be little repository. the Yucca Mountain site is ready to be water in the dry ground to carry the The routes for transporting nuclear approved by the Congress. There is an radioactive waste to other areas. But waste to Yucca Mountain have not old saying: ‘‘underpromise, overper- that theory has already been thrown as been finalized by DOE. The DOE is cur- form.’’ Unfortunately, the Yucca Chlorine-36, a radioactive isotope cre- rently considering three modes of Mountain nuclear waste storage plan ated during nuclear weapons tests over transportation, rail, truck and barge, overpromises and underperforms for the Pacific Ocean in the 1950s, was re- but the DOE has not finalized the the people of my State. I have studied cently discovered 1,000 feet below modes nor the routes. In the Final En- this issue carefully, mindful of how im- ground at Yucca Mountain. In just 50 vironmental Impact Statement, EIS, portant nuclear power is to Con- years, that material traveled in the at- for the Yucca Mountain project, DOE necticut, and of how concerned Con- mosphere to Nevada, was delivered as proposed a set of truck, barge and rail necticut families are about the health rain at Yucca Mountain and traveled routes. These routes make use of major and safety effects of storing nuclear at least 1,000 feet below the surface— highways and pass through several of waste on site. They are right to be con- the level where the nuclear waste the Nation’s largest metropolitan cerned. But after many months of de- would be stored. Such rapid movement areas. The EIS for Massachusetts liberation, I have decided that the was completely unexpected and re- shows that if trucks are used to move plans aren’t ready. Voting to create a quired a revision of models of water the waste, 456 truck trips would origi- waste repository at Yucca Mountain flow in the area. nate in the Bay State and another 1,469 today would solve no problems and cre- Because of this Chlorine-36, the DOE trips would transit the state en route ate a few new ones for the people of my plans to bury the waste in canisters to Yucca Mountain. Under the rail sce- state. It is not wise policy. made of Alloy 22—a new composite nario, the EIS showed that 39 rail trips I believe the most obvious indication metal containing nickel, chromium would originate in Massachusetts and of this fact is the Department of Ener- and molybdenum—and then lined on another 511 would pass through the gy’s plans to apply for a license from the inside with stainless steel. Alloy 22 state en route to Yucca. In addition, the Nuclear Regulatory Commission. is resistant to corrosion from water, the NRC is responsible for testing the Even though the Nuclear Waste Policy but it is a manmade substance that has containers that the waste will be Act instructs the Energy Department existed for only about 20 years. The shipped in. Thus far, all of the NRC to submit an application to the Nu- DOE has only about 2 years of data on tests relied exclusively on computer clear Regulatory Commission 90 days the effects of corrosion on it. Using simulation to test the storage con- after Congress acts, Secretary Abra- such limited data, the government is tainers against fire and water damage. ham has stated that his agency will predicting the life expectancy of the I think we can all agree that more test- not submit an application until Decem- canisters 10,000 years into the future. ing is needed with actual storage con- ber 2004 at the earliest. Obviously, the No other nation is planning to use tainers to ensure the safety of all Energy Department is not ready to Alloy 22 to bury its nuclear waste, and Americans. make their case for this site. Why the material does not exist in nature, Because of this lack of testing and should we be endorsing the project long so there is no way of naturally pre- with real concern for their cities, the before the Department is ready? dicting how strong it will prove to be. Conference of Mayors recently passed a From studying the plans for the site, Clearly, further study is needed before resolution calling on the Federal Gov- I believe that the reason that the En- reliable predictions can be made. ernment to oppose the Yucca Mountain ergy Department is not ready to sub- I am concerned that President Bush repository until the serious safety con- mit its application is because, simply, approved Yucca Mountain despite the cerns in the transport of nuclear waste too many unanswered questions re- fact that the General Accounting Of- were answered. Some of these concerns main. In dealing with nuclear waste, fice back in December of last year, include the lack of physical testing of we should first do no harm. identified more than 200 important sci- the transport casks and the lack of It is too soon to say conclusively entific and technical questions about money and knowledge in our cities that the Yucca Mountain plans meet Yucca Mountain that remain to be an- needed to deal with an accident involv- that standard. Consider the storage swered. This is especially troubling be- ing nuclear waste. I believe we would problems. In a December 2001 report to cause Presidential candidate Bush be wise to listen to our mayors. members of Congress, the General Ac- promised back in 2000 that ‘‘sound None of us here today want this counting Office wrote of ‘‘uncertain- science, not politics, must prevail’’ in waste to stay onsite forever, but we ties’’ relating to the ‘‘longevity of [en- determining whether to bury nuclear need a safe and responsible solution for gineered] waste containers,’’ and noted waste at Yucca Mountain. The GAO re- disposal of the waste we have created. that ‘‘significant work is needed’’ be- port urged the administration to post- And we urgently need to develop a pol- fore the safety of the containers can be pone a decision until these questions icy that protects the health and safety substantiated. The GAO also felt that could be answered. I am disappointed of local communities and all Ameri- more studies needed to be completed that the administration has failed to cans. There are too many unanswered before the physical characteristics of listen to the GAO. questions about the long-term effects the site could be declared suitable for There are transportation issues as of storing the waste at Yucca Moun- the project. Most notably, the report well. I am not entirely convinced that tain and the means by which we trans- stated the GAO’s uncertainty on ‘‘how we have a well-thought-out plan for port that waste there, and that is why the combination of heat, water, and moving all of this nuclear waste from I am voting no today. chemical processes caused by the pres- around the country. The safety record Mr. LIEBERMAN. Mr. President, I ence of nuclear waste . . . would affect of nuclear waste transportation should vote today against the motion to pro- the flow of water through the reposi- give us pause. Between 1964 and 1997, ceed to the consideration of the Yucca tory.’’ Among the remaining physical the DOE made approximately 2,913 Mountain resolution. I have cast this ‘‘uncertainties,’’ the GAO prominently shipments of used nuclear fuel. During vote for several reasons. First, on pro- listed: faulting and fracturing of the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6469 repository rock; the flow of water We need to deal with this nuclear leaving some, if not most, of the future through the repository rock; and the waste—but no one has demonstrated waste that will be produced sitting stability of the repository rock under yet that Yucca Mountain is the answer. along the banks of rivers, beside both heated conditions and conditions in- With technology advancing every day, our small local communities and our volving seismic events as main con- perhaps it will be the answer tomor- largest population centers. This is not cerns. row. Or perhaps in the future we will adequate. This is not acceptable. The GAO’s view of uncertainties was find another, much better solution. Therefore, despite my past voting seconded by the Nuclear Waste Tech- Until then, the imperfect status quo is record on this issue, I will cast my vote nical Review Board—an independent better than a highly uncertain and in- today against the sitting resolution for review board that acts as a check for complete plan such as this one. Yucca Mountain, because it does not the Energy Department’s view of the This proposal is simply not yet ready finish the job we must do. Unlike my science. In a January 24, 2002 letter to for our consideration. Unfortunately, previous understanding, the Yucca site Congress, the Review Board offered the Energy Department has stated that will not provide a sound, permanent criticisms of the DOE study, finding it will not continue to consider the site and comprehensive solution to the that, ‘‘as a whole . . . the technical if this vote does not go its way. I think problem of our nuclear waste disposal. basis for the DOE’s repository perform- that is the wrong approach—the ques- All it does it provide a partial measure, ance estimates is weak to moderate.’’ tions I have raised today may be able one that can lull us into a false sense But, the most important point for to be answered satisfactorily with of security that the issue is taken care my home state of Connecticut is that, more planning and better technology, of. It is not. even if Yucca Mountain worked per- and if they are, I would probably sup- I understand that Yucca Mountain, if fectly, with none of the potential prob- port the site. But this proposal is not approved today as I assume it will be, lems that many experts have raised, it ready for prime-time, and I am con- will take some of the waste, both from would not answer our problem of nu- cerned that it will not be responsible to my State and others. That is of course clear waste storage. It gives the people proceed to its consideration at this helpful, as far as it goes. of my State the false hope of a solution point. But Americans should not be misled to this serious problem. In fact, the Mr. JEFFORDS. Mr. President, we into believing that the Yucca Moun- plan may well create new problems in are voting today on whether to move tain site will solve America’s waste many areas of the state that are now forward on development of Yucca problem. I would be derelict in my du- free of nuclear waste problems. Mountain as a permanent disposal site ties were I not to dispel this motion. I It is not as if, if we were to approve for our Nation’s nuclear waste. do so with my vote today in opposition this site, the tons of nuclear waste in Nuclear power provides an emissions to the Yucca Mountain proposal, under Connecticut would be instantly trans- free energy source. My State of its current limitations. I do so not be- ported to Nevada. Rather, it would Vermont, along with 39 other States, cause I don’t recognize that Yucca has take 40 years and thousands of ship- relies on nuclear power for a large por- the potential to provide some relief to ments to transport that waste across tion of its electricity generation. It is storage concerns at Vermont Yankee the country, and by the time Yucca an important part of our energy mix. and other sites. I take this vote instead was filled, we would have generated Nonetheless, we must be realistic in because we cannot allow it to be just as much waste at each of Con- dealing with the downsides associated viewed as the panacea to our nuclear necticut’s nuclear sites. So the opening with nuclear power. Over 30 years ago, waste storage problem. of Yucca Mountain will not free us of as Vermont’s Attorney General, I was We must continue to work with the the terrorist threat at each of the concerned about the impact of nuclear nuclear industry and with the adminis- sites. To the contrary, it will disperse waste on our environment and the tration to find a safe and comprehen- the waste even more than it is cur- health of Vermonters. As Attorney sive solution to this extremely vexing rently dispersed. General, I fought to improve the safety problem. We cannot rest on our laurels And the most dangerous waste of standards at Vermont Yankee by call- for the next 10, 20 or 30 years, only to all—the ‘‘hot’’ waste that has just been ing for the use of new technology that wake up to expanded nuclear waste removed from the reactors—cannot be dramatically reduced airborne radi- piles with nowhere to go. moved off of our sites in Connecticut ation. When the industry resisted, I re- I trust my vote today will help em- until it has cooled for at least 5 years. quired Vermont Yankee to enter into a phasize this continuing need, and our Thus, as long as we are operating nu- contract with the State to use the best continuing obligation. clear plants in Connecticut, we will available technology to control radi- I take this vote only after many long have dangerous nuclear waste at those ation and to accept State monitoring, hours of carefully examining the facts plants. In other words, the current protecting the Connecticut River and of this matter. The truth is, I am more Yucca storage plans do not resolve the people of Vermont. The Atomic En- concerned than ever that we are just Connecticut storage issues. ergy Commission later accepted these delaying the problem. Vermonters need Finally, I am concerned that the technologies as their industry stand- to know that under the Yucca ‘‘solu- transportation of the waste would ard. tion’’ high-level waste is still likely to bring new problems to regions of Con- Throughout my time in Congress I be stored forever on the banks of the necticut that do not face them. The have continued to work for a com- Connecticut River. All Americans need Energy Department has formulated no prehensive solution to our nuclear to know similar waste storage prob- logical and systematic plan regarding waste problem. Back in 1977, I intro- lems will still exist on our Nation’s wa- the transportation of waste. To trans- duced a bill in the House calling for a terways. port the approximately 40,000 tons of comprehensive nuclear waste disposal Over the years, I have consistently nuclear waste to Yucca Mountain, over strategy. I maintained then, as I do supported a central storage solution 100,000 truck shipments or 36,000 com- now, that finding an effective solution for nuclear waste. I continue to believe bined rail and truck shipments would to the waste problem is critical to the that it is essential that we find a per- be needed, to be spread over the next 40 future of nuclear power in this coun- manent, central storage site if we are or so years. This would include waste try. to continue to produce nuclear power. from other States coming across on So I have been working on this prob- The current proposal before us is Connecticut highways and railroads. lem for a long time. I have supported merely a partial, interim step, and The attacks on September 11 have cre- the Yucca Mountain proposal in the must be recognized as such. We must ated major new questions about the past, in the belief that it would resolve not just blindly continue to produce transport of this waste, which could the problem, and contain both our past nuclear power, without a comprehen- have a major effect on my State and and future nuclear waste. sive and safe solution to the disposal of which have not been addressed. Until However, the truth is that Yucca the waste we produce. some safe and proven plan to transport Mountain will not provide this solu- I urge my colleagues and this admin- this waste is offered, I am troubled by tion. It is now clear that Yucca Moun- istration to not relax our diligence in the danger on our roads and rails. tain will only take part of the waste, focusing on the next step, a real and

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6470 CONGRESSIONAL RECORD — SENATE July 9, 2002 comprehensive solution to nuclear ance assessment model. The board has If we are so confident of the safety waste disposal. found that high temperatures in the and durability of these titanium stor- Mrs. FEINSTEIN. Mr. President, I DOE’s repository design increase un- age casks, why not use them to store am voting against this resolution. I certainties and decrease confidence in nuclear waste at or near existing reac- support the development of a long-term the performance of these metal storage tor sites and thereby eliminate the risk strategy of storing our Nation’s nu- containers. of transporting these hazardous mate- clear waste. However, a single storage According to Dr. Jared Cohon, the rials across the country? repository is not the answer to our nu- chairman of the board, ‘‘gaps in data The most immediate question that clear waste problem. and basic understanding cause impor- need to be answered, however, is, how I have three major concerns about tant uncertainties in the concepts and will we transport all of our nuclear the proposed Yucca Mountain nuclear assumptions on which the DOE’s per- waste to Yucca Mountain? While some waste repository: first, the repository’s formance estimates are now based.’’ argue that the repository will increase inadequate storage capacity, second, The half-life of these titanium stor- national security by decreasing the the environmental risks of storing nu- age containers is still unknown. Sci- number of storage sites, the transpor- clear waste at the site, and third, the entists have found that the first con- tation of nuclear waste to the site risks of transporting nuclear waste to tainer failures could occur after 10,000 would actually create thousands of the site. years, although one board member said moving targets. Based on these factors, I believe it it was ‘‘hopeless’’ to know how long the In order to move the Nation’s nuclear would be a mistake to bring all of our container would last, given just a few waste to the Yucca Mountain reposi- Nation’s nuclear waste to Yucca Moun- years of research. Perhaps failure could tory, DOE would have to transport tain. Instead of a single repository, it occur much sooner. thousands of metric tons of nuclear would be better to develop regional nu- In comparison, Uranium 235, the waste across the country and those clear waste permanent storage facili- basic fuel used by nuclear reactors, has shipments would take decades just to ties which would increase overall stor- a half-life of 704 million years. move the waste that has already been age capacity and reduce risks associ- It would be simply irresponsible for generated. us to bury such hazardous nuclear ated with transporting waste great dis- Keep in mind that nuclear power pro- waste when we don’t have a good idea tances. vides a quarter of our Nation’s energy Today nuclear waste is stored at 131 about how long the containers could needs and we generate hundreds of facilities in 39 States. These facilities hold up. spent nuclear fuel rods each day and One of the most significant problems hold nearly 47,500 metric tons of nu- nearly 2,200 metric tons of nuclear found at the site is the amount of sub- clear waste. This amount is growing waste each year. surface water present under Yucca If we had a way to magically move rapidly. Within 40 years, it is estimated Mountain. Water promotes corrosion all of the nuclear waste to Yucca that our country will have generated and movement of radioactive material Mountain, it might be safer to have a nearly 108,000 metric tons of nuclear and its presence in a repository is a se- single repository. However, this is not waste. rious drawback. As the titanium casks the case and the transportation of nu- The Yucca Mountain repository, as I erode over time, we could face a poten- clear waste poses unnecessary risks for understand it, is authorized to hold tial disaster as this water becomes con- accidents and attacks. only 70,000 metric tons. So at our cur- taminated and flows into the water According to DOE, it would take an rent rate of nuclear waste production, table. estimated 24 years for the full 70,000 we will have generated this amount by California counties have expressed metric tons of nuclear waste to be the earliest estimated date of the re- their rightful concerns of subsurface transported to Yucca Mountain. pository’s opening in 2010. In fact, we water at Yucca Mountain surfacing at DOE has not yet determined exactly may generate the full 70,000 metric populated areas downstream of the how this nuclear waste would be trans- tons of nuclear waste before the site site. ported. The Department estimates that ever opens. For instance, Inyo County in Cali- it would take 53,000 trips by truck over What is the point of creating a stor- fornia, with a population of 17,945, lies the proposed 24-year time period. If the age site that will be filled to capacity downstream of the proposed repository. nuclear waste traveled by train, that before it even opens? Contaminated water could very easily scenario would involve an estimated I am very concerned about the envi- spread from the repository directly 10,700 rail shipments. ronmental risks surrounding the site into their towns and homes. The site is scheduled to open in 2010 storage. DOE was supposed to rec- Death Valley, one of our Nation’s ec- according to DOE’s earliest predictions ommend or reject the Yucca Mountain ological and environmental treasures, and at the end of all shipments in 2034, repository with geologic considerations is also only about 20 miles from the re- there would still be: nearly 42,000 met- to be the primary criteria. I find it dis- pository. Water contaminated with nu- ric tons of commercial nuclear waste turbing that the suitability of the clear waste could destroy one of the stored in 63 nuclear power plant sites Yucca Mountain repository has instead jewels of our National Park System. in 31 States; and about 7,000 metric focused on container material. DOE refutes the idea of possible harm tons of DOE generated waste stored in These titanium waste containers are of water contamination based on the 4 states. DOE’s principal method of providing titanium casks the Department has This is why I believe a single reposi- safety and security of the nuclear proposed to store the nuclear waste. tory is not capable of meeting our waste and repository and ensuring the Yet in March of 2001, the NWTRB long-term nuclear waste storage needs. protection of surrounding areas. wrote to DOE expressing its concern Such shipments present unnecessary Yet how can we be so confident in that important water flow processes risks in transporting numerous ship- our support of such containers when we around Yucca Mountain remain poorly ments of hazardous materials from don’t know about their longevity and understood and should be further stud- New England to Nevada. durability? ied. As a result of this plan, significant The Nuclear Waste Technical Review The board has criticized the lack of amounts of nuclear waste will undoubt- Board, which was established by Con- critical corrosion data on the titanium edly move through or near populated gress specifically to ensure that a re- casks in the DOE’s basic design con- urban areas, potentially jeopardizing pository adequately protects the public cept. According to the board, ‘‘We are the safety of millions of Americans. health and the environment and it has betting the performance of the systems And commercial spent nuclear fuel voiced similar concerns. Last year, the on the long term performance of these from nuclear power reactors would board termed the technical basis for effectively new materials.’’ comprise about 90 percent of the waste DOE’s repository performance esti- The fact is we simply do not know shipped to the repository. DOE has ac- mates as ‘‘weak to moderate.’’ enough about the durability of these knowledged that this waste is ‘‘usually As a result, the NWTRB has limited containers and how they will hold up intensely radioactive.’’ confidence in current performance esti- under intense natural conditions for According to DOE’s Final Environ- mates generated by the DOE’s perform- thousands of years. mental Impact Statement, (FEIS)

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6471 more than 123 million people currently radioactive materials from a shipping long-term nuclear waste storage needs live in 703 counties traversed by DOE’s container, resulting in radiation expo- and poses serious risks to our environ- proposed highway routes and 106 mil- sures to members of the public and la- ment and national security. A system lion live in counties along DOE’s pro- tent cancer fatalities among the ex- of regional storage repositories could posed rail routes. posed population. eliminate these risks and provide the Using potential truck and rail trans- The July 2001 Baltimore rail tunnel adequate and safe permanent storage of portation routes identified by DOE, the fire has been cited as an example of the nuclear waste that our country needs. Environmental Working Group, a na- dangers of shipping nuclear waste by Mr. AKAKA. Mr. President, I rise tional environmental research organi- train. today in opposition to House Joint zation, estimated that waste shipments The fire burned for 3 days with tem- Resolution 87, the Yucca Mountain res- to the Yucca Mountain repository peratures as high as 1500 degrees Fahr- olution, to approve the development of could pass within a mile or less of enheit. A single rail cask in such an ac- a repository for the disposal of high- 14,510 schools, 933 hospitals and the cident could have released enough ra- level radioactive waste and spent nu- homes of 38.5 million people. dioactive material to contaminate an clear fuel, pursuant to the Nuclear When the distance from routes is ex- area of 32 square miles. Waste Policy Act of 1982. panded to 5 miles, waste shipments In addition to the harm inflicting Since the advent of nuclear power could pass 36,228 schools, 1,831 hospitals surrounding populations, the FEIS es- nearly 50 years ago, we have been con- and the homes of 109 million people. timates the clean-up costs of such an cerned about the problem of waste gen- Preliminary routes in Southern Cali- accident could potentially reach $10 erated by the production of electricity. fornia slate waste from the Diablo Can- billion. Today we are considering a decisive yon powerplant to be shipped about 200 Failure to clean up the contamina- step towards a solution to the dilemma miles on a barge to Port Hueneme in tion of such an accident could cause of high-level nuclear waste as man- suburban Ventura County just north of 4,000 to 28,000 cancer deaths over the dated by the act. But the path forward Los Angeles, which is one of Califor- next 50 years. Between 200 and 1,400 la- is not risk-free. nia’s five busiest ports and the nation’s tent cancer fatalities would be ex- There are problems associated with biggest export site for citrus. pected from exposures during the first the siting. The General Accounting Of- These shipments pose potential year. fice has raised serious questions re- threats to some of the most densely A successful terrorist attack using garding the seismology, stability of the populated areas in the U.S. repository, and long-term effects of Additionally, routine radiation from high energy explosives could result in heat, water and chemical processes in shipping casks poses a significant similar destruction and damage. and around the waste containers. health threat to workers handling such The FEIS concedes that a high-en- ergy explosive device could rupture the I am concerned about dangers posed shipments. by transporting thousands of tons, and In the most extreme example, motor wall of a truck cask, leading to the dis- thousands of shipments, of high-level carrier safety inspectors could receive persal of contaminants into the envi- nuclear waste through 43 States. Each cumulative doses large enough to in- ronment. A single blast resulting in 90 truck could potentially carry more crease their risk of cancer death by 10 percent penetration of a truck cask long-lived radioactivity than released percent or more and their risk of other could lead to 300 to 1,800 cancer fatali- at Hiroshima. I am sympathetic to serious health effects by 40 percent or ties. Full perforation of a cask could those States that face the risk of more. cause 3,000 to 18,000 cancer fatalities. According to the Nevada Agency for Cleanup and recovery costs of such an transportation-related accidents or ter- Nuclear Projects, public perception of incident would exceed $10 billion. rorist attacks. Because of our experi- transportation risks could also result These threats should be taken very ence in the Pacific with nuclear testing in economic costs to those commu- seriously and this assessment furthers and resulting exposure to radioac- nities along shipping routes. Even my belief that the long and complex tivity, I urge caution when dealing without an accident or incident, prop- transportation of nuclear waste to a with long-lived radioactive material. We have similar transport problems erty values near these routes could de- single site is a threat to our national on the world’s sea lanes. Last week, cline by 3 percent or more. In the event security. Japan returned a shipment of mixed of an accident, residential property Based on these concerns, I do not be- plutonium-uranium oxide fuel, MOX, to values along shipping routes could de- lieve that Yucca Mountain is the an- the United Kingdom because it was cline between 8 percent and 34 percent, swer to our current nuclear waste secu- sent to Japan with falsified safety data depending on the severity of the acci- rity nor our long term nuclear waste and without proper safety checks. The dent. storage problem. DOE takes great pride in its record of According to Dr. Victor Gilinsky, a safety and security of nuclear waste, safe transportation of hazardous mate- former Commissioner of the Nuclear whether transported on the highways rials for over more than 30 years. Dur- Regulatory Commission, Yucca Moun- or the high seas, should be of great ing that time, there have been only tain is not needed to continue, or even concern to Americans. During my ten- eight accidents and none of them re- expand, nuclear power use. There is ure in the Senate, I have closely mon- sulted in the harmful release of radio- ample opportunity to expand existing, itored the safety and security of ship- active material. NRC-approved, on-site storage. As he ments of MOX from Europe to Japan However, during that time period, we testified before the Senate Energy for nuclear power purposes. On numer- were moving fewer than 100 shipments Committee: ous occasions I have voiced concerns per year. the important thing now is to recognize that with transportation plans and associ- Over the next 24 years, there would there is no immediate crisis, that there is ated security measures for the ship- be an estimated 2,200 shipments per time to do this and to do a good job and re- ments of nuclear material in the Pa- year heading to the Yucca Mountain sponsible job in terms of safety and security, cific. Recent warnings and alarm over repository alone. There would also be and to do it at a much lower cost to tax- the threat of procurement and use of more than 10,700 cross-country ship- payers than Yucca Mountain represents. nuclear materials for crude explosive ments occurring at an average of 450 I believe a regional system will pro- devices known as ‘‘dirty bombs’’ per year. vide us with both immediate and long- heightens the need to be vigilant and This enormous increase in shipments term results. Immediate in the sense careful in the transport of nuclear ma- would greatly increase potential acci- that we can explore expanding storage terial. dents. at current NRC-approved sites. Long- I am not convinced that the plan pro- According to the National Highway term in the sense that it will produce a posed by the administration has ad- Traffic Safety Administration, 457,000 system of regional permanent storage dressed all of these risks. Clearly, we large trucks were involved in traffic sites that will meet our long-term nu- can’t walk away from the nuclear crashes in the year 2000 alone. clear waste storage needs. waste dilemma, and the nation must According to the FEIS, a very severe I cannot support a site that does not address this intractable problem. We highway or rail accident could release have the capacity to meet our Nation’s need a scientific rather than a political

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6472 CONGRESSIONAL RECORD — SENATE July 9, 2002 solution. In a new approach, Congress EPA would have been required to issue speed collisions and other threats that should not pre-select a site but provide a single standard limiting the lifetime may occur during transport. My bill a process that leads to a scientifically risk of premature cancer death to 1 in also would require States to be con- sound solution. I will oppose the mo- 1,000, or .001. The current EPA standard sulted on the selection of transpor- tion to proceed, as I am not convinced assumes a risk of 8.5 in 1,000,000, or tation routes and would require a 2- that this is the best path forward. .0000085. Furthermore, these bills would week advance notification of waste Mr. DURBIN. Mr. President, the ad- have prohibited a standard for ground- shipments. I also would ban inland wa- vent of nuclear power more than 50 water, which EPA has now put in place. terway shipments of nuclear waste, re- years ago brought with it both great If the Department of Energy is able to quire dedicated trains and establish a promise and great responsibility. Our move forward with a licensing applica- minimum number of trained escorts to ability to harness the power of the tion for Yucca Mountain, the Nuclear accompany each nuclear waste convoy. atom has paid substantial dividends for Regulatory Commission will be I am looking forward to working with our society, but it has also left us with charged with making sure that the De- my colleagues who share my interest the formidable challenge of safely stor- partment of Energy proves it can meet in this legislation. ing the byproducts of nuclear power the EPA’s standards. If it cannot prove Congress should move forward with generation. This is a challenge our Na- this, the Yucca Mountain project can- making Yucca Mountain the central tion must meet so that future genera- not move forward. repository for our Nation’s nuclear tions are not endangered by today’s nu- No site will ever be perfect for the waste. It is, I am convinced, the best clear waste. storage of high-level nuclear waste, but solution to a complicated problem we Presently, all of the spent fuel from I believe the studies which have al- have debated for decades. But before nuclear power plants and research re- ready been conducted and the Nuclear shipments to Yucca Mountain begin, actors throughout the country remains Regulatory Commission review still to we need to establish a transportation on-site at each reactor. None of these come provide sufficient assurances that plan to ensure the safety and security facilities was designed to safely store Yucca Mountain is the most appro- of the communities that lie in the path that waste on a permanent basis, and priate site available and should be used of those shipments, and we must begin leaving spent fuel in temporary storage as the permanent national nuclear that work today. around the Nation poses both a secu- waste repository. I ask unanimous consent to print the rity threat and an environmental haz- I am still concerned, however, with letter in the RECORD. ard. In Illinois, nearly half of our elec- the movement of thousands of tons of There being no objection, the letter tricity is generated from nuclear nuclear waste across the country to was ordered to be printed in the power. Our State contains seven nu- Nevada. According to the U.S. Depart- RECORD, as follows: clear powerplants, two nuclear re- ment of Energy, Illinois would rank THE U.S. CONFERENCE OF MAYORS, search reactors, and more commercial seventh in truck shipments in what is February 23, 2002. nuclear waste than any other State. called the ‘‘mostly truck scenario.’’ Hon. GEORGE W. BUSH, We need to find a safe and permanent The same Energy Department analysis The White House, way to store this material, and such a Washington, DC. concludes that Illinois would rank DEAR MR. PRESIDENT: Your approval of storage site has been proposed at sixth in rail shipments in the ‘‘mostly Yucca Mountain in Nevada as a nuclear Yucca Mountain in Nevada. I have been rail scenario.’’ Although waste has waste repository was a historic moment in to Yucca Mountain, which is located 90 been shipped through Illinois and other the history of the project. Quite literally, it miles from Las Vegas on Federal land states in the past, approving Yucca is the culmination of over 50 years of sci- at the remote Nevada nuclear test site. Mountain would initiate the largest entific research and analysis. Since the The waste would be stored more than waste shipping campaign in the history Atomic Energy Act was passed in 1954, the 600 feet underground but more than 500 of our country, both in terms of the federal government has been searching for methods to dispose of spent nuclear fuel and feet above the water table, sealed in number of shipments and the amount high-level radioactive waste. steel containers placed under a tita- of miles traveled for high level nuclear As a single largest federal government nium shield. A security force at the Ne- waste. project in the history of the United States, vada test site is in place to protect the Unless we scrutinize safety factors we acknowledge that the Yucca Mountain area, and the airspace around Yucca and security risks, the large-scale project has detractors and supporters. Re- Mountain is already restricted. transportation of radioactive materials gardless of the final repository location, we When this issue has come before Con- has the potential to cause a host of se- have serious concerns about the transpor- gress in the past, I have opposed efforts rious challenges to cities and commu- tation of spent nuclear fuel from reactors all over the country to Yucca Mountain or any to move waste to a temporary facility nities along shipping routes. The U.S. other repository. at Yucca Mountain before there was a Conference of Mayors has expressed So far, the preliminary estimates that scientific determination of whether concerns about the transportation have been released call for up to 10 ship- waste could be safely stored there on a plan, and I am submitting for the ments of nuclear fuel each day for close to 40 permanent basis. I had no interest in RECORD a letter sent to President Bush years. These shipments will travel through moving this waste to a temporary on this matter, signed by Mayor Rich- America’s cities past our schools, homes and place, only to move it again when a places of business. ard M. Daley of Chicago and 17 other In 1996, The United States Conference of permanent repository is finally deter- mayors. This issue is all the more im- Mayors adopted policy on the transportation mined. I also opposed earlier measures portant in light of the terrorist threats of radioactive waste that calls for the federal that would have mandated dangerously we are likely to face in the years government to fund training and equipment low standards for environmental pro- ahead. that will be needed by local emergency re- tection at the site. Illinois is home to one of the busiest sponse personnel along transportation Recently, however, I have been en- transportation corridors in the Nation, routes, to upgrade medical facilities which couraged by the fact that the Environ- putting our State squarely at the would treat victims of transportation acci- mental Protection Agency has estab- intersection of the nuclear crossroads. dents, and to upgrade highway and railroad lished radiation and groundwater con- or highway bypasses to ensure safe transpor- With the safety of Illinoisans at stake, tation corridors. It also calls on the Nuclear tamination standards for the Yucca finding the safest way to move nuclear Regulatory Commission to certify shipping Mountain storage site. These standards waste to a location where it poses the transportation containers after a public were derived from recommendations by least risk is imperative. process that includes both physical testing experts at the National Academy of That is why I am introducing legisla- and computer modeling to ensure that the Sciences and were developed after ex- tion in the Senate that would direct containers can withstand severe accidents. tensive public comment and scientific the Federal Government to develop a As mayors, we are concerned that the De- analysis. All of these standards greatly comprehensive safety program for nu- partment of Energy (DOE) has not yet fully researched the methods for the transpor- exceed the standards debated by Con- clear waste transportation. This legis- tation of nuclear waste. A recent incident gress in the two previous bills I op- lation would require the waste contain- that illustrates our concern is the 2001 Balti- posed. Under three bills Congress con- ment casks to be tested to ensure they more Tunnel fire. Five days passed before sidered in the past on this issue, the could withstand intense fires, high- fire fighters could gain access to the blaze

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6473 and control the flames. Several studies have of high-level radioactive waste and and the public should be assured that been done to determine the environmental spent nuclear fuel. security plans are in place for safe impact if that train had been carrying spent Our successes came in the next Con- transportation. We do, however, have a nuclear fuel—and the results have been dis- gress, the 100th Congress, when lan- decade to assure that the waste will be turbing. Given the long-term nature of the Yucca guage I developed with then Represent- safely and securely shipped to the project, it seems only natural that the DOE ative Mo Udall was ultimately included Yucca Mountain site from all parts of would include transportation analysis and an in the fiscal year 1988 Concurrent the country. Indeed, history tells us environmental impact study in its final re- Budget Resolution that went on to be that past shipments have been care- port. We respectfully request that the Office signed into law as Public Law 100–203. fully managed. The nuclear industry of the President of the United States initiate The language called for the establish- has completed 3,000 shipments of spent one. ment of one national repository. Lan- fuel over 1.7 million miles by highways As the mayors of potentially affected cit- guage was also added at that time that ies, we urge you to continue your dedication and railroads since 1964. Eight acci- to public safety and homeland security by established Yucca Mountain as the dents have occurred, four of which had supporting a thorough study on nuclear only site to be considered for the repos- fuel in the shipping containers, but no waste transportation to the final repository. itory. radiation was released. In the next dec- We look forward to working with you on Through all of those years, and espe- ade, we can expect even greater safety this very important issue. cially since 9/11, I have continued to be- of shipments through improved tech- Sincerely, lieve that the Nation’s spent nuclear nology. (Signed by 18 mayors.) fuel could be more safely stored at one I was pleased to support Senator Ms. SNOWE. Mr. President, I rise secure federally guarded facility than CARNAHAN’s amendment to the re- today in support of S.J. Res. 34, a joint at temporary storage facilities all cently passed Senate energy bill that resolution approving the site at Yucca around the country. It would also be calls for a National Academy of Mountain, NV, for the development of less expensive to State governments, Sciences study on how DOE chooses a repository for the disposal of spent which have already taken on the re- spent nuclear fuel transportation nuclear fuel and high-level radioactive sponsibility of dealing with the storage routes, and to do risk assessments of waste, pursuant to the Nuclear Waste of low-level radioactive waste within all of the potential routes. This should Policy Act of 1982. their borders. clarify the transportation issue even As we are aware, under current law, I do not believe that leaving the more for the public and I urge the con- Energy Secretary Abraham rec- spent fuel at commercial and DOE sites ferees to keep this provision in the con- ommended the Yucca Mountain geo- for 10,000 years while having each site ference report. logic site as the repository for the Na- take the necessary security pre- The Federal Government has already tion’s spent nuclear fuel and high-level cautions and storage upgrades is the spent $7 billion on the Yucca Mountain radioactive waste to the President on best approach, especially as the DOE site, and will ultimately spend about February 14, 2002, and the President itself has predicted that leaving the $50 billion more up to the time when then recommended the site to Congress spent fuel stored on all of the numer- the site is expected to reach capacity the next day. Under law, on April 8, Ne- ous sites throughout the country would and is closed in 2019. We must move vada Governor Guinn exercised his result in a radioactive material re- forward responsibly to once and for all right to veto the Yucca Mountain site. lease, contaminating soil, surface safely and securely store the Nation’s This veto will block further develop- water, and groundwater. highly radioactive spent fuel and nu- ment of the site unless the Congress In Maine, we have a nuclear plant clear waste at a single national loca- acts by passing an approval resolution being decommissioned—Maine Yan- tion or, as the DOE has projected, the that is signed by the President by July kee—that has been waiting for the Fed- cost will climb to the trillions of dol- 27. eral Government to take the waste lars. We can neither afford this or af- In 1982, legislation was crafted in re- that it should have taken by law by ford to wait any longer. sponse to the need to dispose of the Na- 1998, but has still failed to do so since Mr. GRASSLEY. Mr. President, in tion’s spent nuclear fuel and high-level no facility is ready to store the waste. 1982, Congress required the Federal radioactive waste that has been col- In fact, Maine Yankee is seeking $120 Government to find a permanent repos- lecting since the growth of the nuclear million through a lawsuit against DOE itory for the disposal of spent nuclear power industry started in the 1950s. because the Federal Government has fuel. Now, 20 years later, we are finally The waste is now being stored in var- not lived up to their part of the bar- taking the necessary action to move ious ways in 131 locations across the gain. ahead with this plan. country. The nuclear power plant stopped op- Yucca Mountain was recently des- The Nuclear Waste Policy Act of 1982, erating in 1997, but 1,434 spent fuel as- ignated as a suitable site for develop- the NWPA, called for disposal of this semblies still sit at the site waiting for ment as the Nation’s permanent reposi- spent nuclear fuel in a repository in a a permanent Federal solution. The tory, with over 24 years of Federal re- deep geologic formation that would not company has now spent about $60 mil- search and scientific evaluation. The be disturbed for thousands of years. An lion to build a dry cask storage facility Secretary of Energy, after thoroughly office was established in the Depart- and will spend at least $4 million per examining the relevant scientific and ment of Energy to develop such a stor- year to operate it. This is not a unique technical materials, concluded that the age repository, the costs of which case as there are a total of 26 power site is scientifically and technically would be covered by a fee on nuclear- plants no longer in operation that also suitable for construction of a reposi- generated electricity and paid into the have waste waiting to be shipped. By tory. Now, it is up to Congress to en- Nuclear Waste Fund. 2006, 60 reactors will run out of original sure that we provide a safe, permanent My experience with the storage of storage space, with 78 running out by storage facility. the Nation’s high-level nuclear waste 2010. In this time of heightened terrorist covers the entire 20 year lifetime of the Even after we pass this resolution threats, it is absolutely necessary that NWPA. In the 99th Congress, I intro- and the President signs it, the reposi- the Government provide safe and se- duced a bill in the House, H.R. 4664, tory will still need to meet the strict cure permanent storage for our spent with 23 other Representatives to amend requirements of the Nuclear Regu- nuclear fuel. Currently, spent nuclear the NWPA. The bill called for the dis- latory Commission to be licensed, and fuel and high-level radioactive waste is posal of high-level radioactive waste if the Yucca Mountain site receives ap- stored at 131 sites in 39 States. and spent nuclear fuel in a single na- proval, it will not even be ready to ac- We can no longer afford to continue tional repository. At that time, the cept spent fuel before 2010 at the ear- storing nuclear waste in temporary NWPA called for two repositories, one liest. We simply cannot wait any sites that are too often located near in the East and one in the West. I was longer to move this issue forward. densely populated areas and water sup- also a cosponsor of H.R. 4668, the Broy- I understand that concerns have been plies. It seems only logical to want to hill bill that removed the requirement raised about the transportation of the safeguard public health and safety by of a second repository for the disposal spent fuel—and these should be raised storing nuclear waste at a site that

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6474 CONGRESSIONAL RECORD — SENATE July 9, 2002 would be highly guarded against any STATE OF IOWA, repository for used nuclear fuel and defense terrorist activity. OFFICE OF THE GOVERNOR, nuclear waste. Science affirms the wisdom of Des Moines, May 8, 2002. Congress’ decision in 1987 to focus on Yucca Even in my home State of Iowa, Hon. CHARLES E. GRASSLEY, Mountain. Customers and our nuclear reac- spent nuclear fuel from the Duane Ar- U.S. Senator, Hart Senate Office Bldg., Wash- tor operators have provided money and in- nold plant is stored just outside of ington, DC. terim storage while waiting for a permanent Cedar Rapids near the town of Palo. I am writing to encourage your support for repository. Like too many other facilities in the the recent decision to go forward with devel- It is now time for Congress to stand behind its original decision and vote to move for- United States, the plant is being forced opment of Yucca Mountain, Nevada as a per- manent repository for our nation’s used com- ward with Yucca Mountain. I ask for your to construct temporary storage be- mercial nuclear fuel and defense nuclear fuel support on this important issue. cause of the Federal Government’s lack and defense nuclear waste. The State of Ne- Sincerely, of action on a permanent facility. vada has exercised its right to object to the THOMAS J. VILSACK, Governor. And, just 10 miles from the Iowa bor- decision. As a result, it is now your responsi- der, at a plant that ceased operation in bility, as a member of Congress, to evaluate, Mr. KOHL. Mr. President, today the considering the effects on national interest, long struggle to find a permanent re- 1987, sits 42 tons of nuclear waste in a the decision and affirm its wisdom. waterpool that is designed for tem- pository for nuclear waste came one In 1982 Congress established our nation’s step closer to completion. The Senate porary storage during operation, not policy on managing used commercial nuclear has decided to over rule Nevada’s ob- permanent storage. It’s for these rea- fuel and defense waste, i.e., interim storage jection to storing nuclear waste at sons that it is crucial the Senate move by commercial reactor operators at their Yucca Mountain with a strong major- forward in designating Yucca Mountain sites and permanent storage at one or more ity. This is a victory I supported, but as a permanent storage facility. Stor- national, geologic repositories by the Fed- eral government. Further, Congress provided not one I can be happy about because it ing nuclear waste at Yucca Mountain for the collection of a fee, levied on cus- forced me to vote against my leader- would protect public safety, health and tomers of electricity generated by nuclear ship. the Nation’s security. power plants, to be paid into the Federal I supported moving the waste to Opponents continue to raise ques- Treasury and appropriated by Congress for Yucca Mountain for three main rea- tions concerning the safety of the the study and development of a permanent sons. First, the opening of Yucca repository. In 1987, Congress, acting to focus Mountain means that Wisconsin will transportation of this material to Ne- the U.S. Department of Energy’s efforts, in- vada. For over 30 years, there have structed the DOE to exclusively study the have one less site storing nuclear waste been 2,700 shipments of spent nuclear site at Yucca Mountain, Nevada. as the Dairyland Power Cooperative’s fuel without a single release of radio- The DOE acting in accordance with Con- decommissioned reactor will finally be active material harmful to the public gress’ instructions, studied the Yucca Moun- able to get rid of the waste stored at or the environment. It is important to tain site in extensive detail. This study vali- its defunct reactor. Second the site has remember that because spent fuel is dated the scientific wisdom that led to focus- been proven safe after 20 years of study ing on the Yucca Mountain site in 1987. We by the Department of Energy and the stored at over 100 temporary sites should now move on to the next phase of ac- across the Nation, shipments of spent National Academy of Sciences. Third, tivities and begin the processes of design, li- the electricity rate payers of Wisconsin fuel will cross the country whether or censing, construction and operation of a per- not Yucca Mountain is approved. manent repository. This is with the full un- have paid more than $250 million over the years for this site, and the Federal Secretary Abraham has assured that derstanding that the licensing and operation of Yucca Mountain still must withstand the Government should fulfill its side of the Department of Energy will develop detailed scrutiny and additional questioning the bargain by providing the repository a transportation plan and work with by the U.S. Nuclear Regulatory Commission it promised. State and tribal governments regard- which is charged by law to decide whether or I still have concerns regarding trans- ing shipments to Yucca Mountain. not to issue a license to the DOE before a portation of the waste through our Iowa’s Governor, Tom Vilsack, has also single bundle of used nuclear fuel can move population centers. This is a high shared with me his support for desig- to Yucca Mountain. stakes situation and every effort needs Used nuclear fuel is currently stored at nating Yucca Mountain, based on the to be made to choose the best routes, outstanding record of safely trans- commercial reactor sites within and on the borders of the state of Iowa. While this stor- prepare the local emergency response porting nuclear material. Given Iowa’s age has been and continues to be accom- units, and continue to improve the geographic position across major trans- plished responsibly, these facilities were casks in which the waste will be portation routes, Governor Vilsack re- never intended as sites for permanent stor- moved. However, the industry’s record layed that Iowa has consistently met age and are operated on the presumption of thousands of shipments of nuclear its responsibilities in this regard. that the Federal government will go forward waste around the country and around with its responsibility for providing a perma- Lastly, those who oppose the trans- the world without an accidental release nent repository. These same reactor sites of radiation leads me to believe that portation of the waste across the coun- provide nearly 25% of Iowa’s electric energy. try because it could be a terrorist tar- Customers have paid into the federal fund these concerns will be adequately ad- get have clearly disregarded the fact for the purposes of developing a repository. dressed. I understand the concerns some of that spent fuel in secure transit to a Study is but a single step towards the final my colleagues have on the safety of the permanent repository is far less of a end of developing a useful facility. With the Yucca Mountain site. What we are ask- target than the spent fuel scattered completion of that study there is a ‘‘light at the end of the tunnel’’ for those same cus- ing science to do by proving that this across the country at over 100 tem- tomers who are bearing the expense of the site will be safe for tens of thousands of porary, stationary sites. interim storage within or on the borders of years is unheard of, and may well be With over 2,000 tons of spent nuclear our state. beyond our current capabilities. But fuel in Iowa or on it is borders, it’s im- Congress, in 1982, when it enacted the pol- this site, on the Nevada Nuclear Test icy of a national repository, recognized that perative that the Senate take the nec- used nuclear fuel and defense nuclear waste site, is certainly safer than leaving this essary action today to finally begin the must be transported to that repository. His- waste at 132 sites nationwide. Sites process of developing a permanent re- tory provides us an outstanding record of scattered around the country that were pository. To protect our national secu- transportation of nuclear material. The never designed to be a permanent solu- rity, enhance our energy security, and state of Iowa, with its geographical position tion. This mountain has been carefully ensure the safety of the public, we across major transportation routes, has con- studied and will continue to be closely must support this resolution and move sistently met its responsibilities in this re- monitored. We will not walk away from ahead on this project. gard. The same 1982 act provides for federal Yucca Mountain but will watch it support to states to insure that the safety closely for generations to come. I request that a copy of Governor record of future transportation is equally Burying our waste problems for fu- Vilsack’s letter to me dated May 8, good, if not better. ture generations to deal with is not 2002, be printed in the RECORD. The decision to move forward on Yucca Mountain and the subsequent objection by something we should be proud of. I There being no objection, the letter Nevada have turned the issue back to Con- hope the Congress and the administra- was ordered to be printed in the gress to fulfill the national policy it estab- tion will continue to fund nuclear re- RECORD, as follows: lished in 1982: providing a permanent Federal search that will investigate ways to

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6475 neutralize this waste. The repository fore we proceed with final Congres- strongly in any discussion of a second at Yucca Mountain doesn’t have to be sional approval. For those of us who permanent location. the last word on nuclear waste, and I represent states that are grappling One of my main concerns has always hope we can do better in the future. with nuclear waste storage questions, been the safety and security of ship- Mr. FEINGOLD. Mr. President, I the short time frame mandated in law ping nuclear materials from their cur- want to share my views on the Yucca for the consideration of this resolution rent locations to a permanent geologic Mountain resolution. Specifically, I has made it extremely difficult to ana- storage site outside of the State. Obvi- want to review the issues that I have lyze its full effects on behalf of our ously, there is a risk that, during the considered in examining this legisla- constituents. The issues raised by this transportation, accidents may occur. tion that have led me to vote against resolution are serious policy issues. While many have suggested that waste the motion to proceed to this measure. The Bush Administration knows the has been shipped safely across the In short, while I believe that Yucca resolution approval process is des- country during the history of nuclear Mountain ultimately may be the ap- ignated by law and has statutorily de- power in this country, there has never propriate place to permanently store fined deadlines for Congressional con- been a coordinated efforts to ship our country’s nuclear waste, the Sen- sideration. The Administration should waste to a centralized storage location. ate is considering proceeding to this not have jumped the gun and set the The opening of Yucca Mountain would resolution today without having ad- clock in motion while there is still a initiate an unprecedented shipping pro- dressed two key concerns: the Congress possibility that Yucca might not re- gram. I am concerned that the Final has not ensured that the Yucca Moun- ceive final siting approval in the regu- Environmental Impact Statement for tain site is of sufficient size to house latory process. Yucca Mountain now includes barge our country’s nuclear waste and the During my time in the Senate, I have transport on the Great Lakes and ex- Congress does not yet know the Admin- consistently said that I would prefer tensive truck transport on highways as istration’s plans for ensuring that the that once nuclear waste leaves the potential transportation routes in ad- transportation of waste to that site is State, it leaves permanently. Wiscon- dition to rail transport. safe and secure. In addition, consid- sinites want nuclear waste removed This resolution does not enhance our ering this premature resolution does from our State and stored in a perma- transportation safety, and our current nothing to get the waste to Yucca nent geologic repository out of State transportation regulatory program Mountain more quickly because the so that it has no chance of coming must be strengthened. In fact, I believe Federal Government must complete a back to Wisconsin. I opposed nuclear that additional legislation may be number of remaining regulatory steps waste legislation in the last Congress needed to address a number of trans- and build the site. that sought to build large scale interim portation issues. I still feel that the Let me first express my grave con- storage facilities before the permanent Senate must act in the near term to cern about the process by which this storage site was ready and would have ensure that state and local govern- resolution has been brought to the jeopardized consideration of the perma- ments have the financial and equip- floor. The Nuclear Waste Policy Act of nent site. This resolution commits the ment resources they need to respond to 1982, amended in 1987, establishes a process for the Federal Government to Federal Government, at least for the accidents and protect public safety. designate a site for a permanent reposi- near term, to build one such large scale Congress must insist on a comprehen- tory for civilian nuclear waste. In Feb- permanent site. sive safety program for nuclear waste I have heard concerns, however, from ruary 2002, this process culminated in a transportation. We must require the some constituents that this resolution Presidential recommendation for a re- waste containment casks to be tested to build at Yucca makes Wisconsin pository at Yucca Mountain, NV. On to ensure they could withstand intense more likely to be the next permanent April 8, 2002, the State of Nevada exer- fires, high-speed collisions and other geologic storage site. I am concerned cised its authority under the law to threats that may occur during trans- disapprove the site. As a result of this that Yucca, as currently authorized, port. It is also essential that states be State disapproval, the site may be ap- will not be of sufficient size to take all consulted on the selection of transpor- proved only if a joint resolution of re- of Wisconsin’s waste. In previous Con- tation routes and are given longer ad- pository siting approval, which we are gresses, though I did not ultimately vance notification of waste shipments. now considering, becomes law. support interim storage legislation for Other measures that need to be ad- The Nuclear Waste Policy Act also other reasons, I supported provisions in dressed include banning both open establishes an expedited procedure for interim storage bills to expand the size water and inland waterway shipments congressional consideration of the and capacity of the Yucca site. At best, of nuclear waste, requiring dedicated Yucca resolution. The purpose of an ex- when Yucca is opened, it will leave means of shipping, and establishing a pedited procedure is to facilitate the nearly a quarter of the waste currently minimum number of armed escorts to ability of Congress to dispose of the in Wisconsin still sitting at our plants. accompany each nuclear waste convoy. matter specified in a timely and defini- Moreover, if our nuclear plants in In conclusion, I cannot support this tive way. To this end, it establishes a Southeast Wisconsin re-fuel in the next proceeding to this legislation which means for Congress to take up, and few years, the Yucca site is not cur- purports to provide an interim fix to complete action on, the resolution of rently expected to take any new waste. the country’s nuclear waste problem. I approval or disapproval within a lim- Yucca’s size is an important issue for realize that this action is not the final ited period of time. I am concerned Wisconsin because Congress is required say on Yucca Mountain and that we that we are taking this action today under law to approve the study and have many more steps to go before and we are still several years away construction of a second waste site, if Yucca is built. But this site cannot from a final siting decision on Yucca. one is needed. This resolution does serve its national purpose if we cannot The Nuclear Regulatory Commission is nothing to change that provision of get the waste there safely or if it is too still several years away from issuing a law, and it remains unclear whether small to hold the waste. We should construction license for Yucca, there is the Department of Energy would look have addressed these important consid- no transportation plan, and the trans- again at Wisconsin or the other sites erations before proceeding to this reso- portation containers to be used for considered in the 1970s and 1980s. If it lution. waste shipments to a permanent stor- needed more storage capacity, the De- Mr. LEVIN. Mr. President, I am sup- age site have also not been approved by partment of Energy could ask Congress porting the Yucca Mountain Resolu- the Nuclear Regulatory Commission. to expand Yucca’s size or recommend tion today because we need to take the Thus, while Yucca may be the right another alternative geologic site. As a next step in resolving the problem of site, this is the wrong time to have Wisconsin Senator, I have serious con- nuclear waste in this country. It makes Congress ‘‘approve’’ the site while so cerns regarding the construction of a more sense to store the Nation’s high- many regulatory questions are yet un- geologic storage site in Wisconsin. In level nuclear waste in a single place answered. the past I have opposed legislation than it does to leave it at 131 sites I have always felt that we should be opening up the possibility of a second spread all around the country, many certain that Yucca is the final site be- site, and would express those concerns close to significant population centers

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6476 CONGRESSIONAL RECORD — SENATE July 9, 2002 and all located on bodies of water, in- signed to be an interim measure. They Yucca Mountain as the single, high-se- cluding the Great Lakes and major are not a permanent solution. Each nu- curity site for the bulk of nuclear river systems. I do not feel that it is clear plant site in the U.S. has become waste that is now dispersed across our environmentally responsible to allow a de facto spent fuel storage facility. It country. spent nuclear fuel to sit indefinitely in would be more efficient and more se- While I know that some waste will temporary facilities on the shores of cure to move all of the spent fuel to always be located on-site at operating the Great Lakes. We set up a procedure one central facility where it can be nuclear plants, we must locate the 20 years ago to deal with this problem, safely stored indefinitely. Further, in bulk of the waste at a single, secure and we should use it. the case of Big Rock Point located near site. Governor Dean and the Vermont I have heard from citizens all over Charlevoix, the plant and equipment Public Service Department have con- Michigan on both sides of this issue. will be completely removed from the sistently called on me to support the The Michigan Municipal League, the property within the next few years. All repository, and today I again respect Michigan House of Representatives, that will remain will be the spent fuel, the wishes and long-term interests of and over 75 counties and communities sitting on a large concrete pad about my State. have contacted me to express their sup- one-half mile from the lake. Re-use of The vote in the Senate today was port for the effort to establish a perma- the property cannot be accommodated about establishing a single national re- nent repository at Yucca Mountain. until the spent fuel is removed. pository for tons of hazardous nuclear This resolution will permit the Depart- Finally, a permanent repository is waste. I voted in favor. But the ques- ment of Energy to submit an applica- also important to support the cleanup tion of how nuclear material is safely tion to the Nuclear Regulatory Com- of contamination and waste generated transported to the Yucca Mountain mission so that the Commission can by the cold war production of nuclear site brings up a new set of difficult de- determine whether established regu- weapons and materials for these weap- cisions that Congress has yet to face. latory requirements for the protection ons. Currently the Department of En- For the past several months, I have ex- of public health, safety and the envi- ergy is treating high level waste mate- pressed my strong concerns about pre- ronment have been satisfied. The Nu- rials, stabilizing them and getting then maturely transporting nuclear waste clear Waste Policy Act, which was into other safe configurations so that across the Nation without a plan that passed 20 years ago, did not leave it up the waste can ultimately be shipped to addresses growing concerns of State to Congress to decide whether or not a permanent repository. Moving the governments and local communities. Yucca Mountain is a suitable location treated and stabilized waste is particu- Especially in light of fears after Sep- for our nuclear waste. Rather, it left larly key to the cleanup of sites such tember 11, nuclear waste transpor- this decision up to the Nuclear Regu- as the Savannah River Site in South tation concerns need to be discussed, latory Commission. If this resolution is Carolina and the Hanford Site in Rich- debated and addressed by our Nation’s approved, a license application will be land, WA. leaders. Congress has worked with the submitted by the Department of En- If this resolution does not become administration to improve security at ergy for Yucca Mountain and over the law, the only alternative for getting airports, border crossings and public next several years, the Nuclear Regu- waste out of these many temporary buildings. Yet throughout this Yucca latory Commission will go through all storage sites into a permanent site will Mountain debate, the Bush administra- of the scientific and environmental be terminated, which would move us in tion has failed to fully inform Congress data and look at the design of the re- the wrong direction. Leaving the nu- about security improvements envi- pository to make sure that it can meet clear waste at temporary sites and sioned for shipping nuclear waste. It environmental and safety standards. leaving this decision to future genera- has failed to respond to repeated ques- This will be done by scientists and tions is not the responsible thing to do tions from the American people and technical experts. and is not a solution to this problem. their local communities, and that is I share the concerns of many people In supporting this resolution, I am unacceptable. regarding the storage and shipment of supporting an open and rigorous proc- Vermonters, in the tradition that has nuclear waste. Terrorism and transpor- ess for answering the concerns raised so distinguished our State, have ac- tation issues need to be thoroughly ad- by so many. Only through this process tively studied the issues involved in dressed in the licensing process. Trans- will we be able to protect the health of the Yucca decision. Many have shared portation plans will be developed in a the people and the environment. their views and suggestions with me, staged process over time and all plans Mr. LEAHY. Mr. President, since my on both sides of this question, and I will go public with opportunities for first days in the U.S. Senate, I have ex- deeply appreciate their counsel. The input from the States and local com- pressed strong concerns about nuclear approval of Yucca as a repository is munities. The actual transportation power. The claims made in the 1970s one issue that has taken years for Con- routes are a long way from being deter- that nuclear power was going to bring gress to debate and address. This vote mined. Further, the Department of En- our country cheap, reliable and clean does not end the federal government’s ergy assures us that there are no plans energy have turned out—as many obligation, by any means. I believe the to use barges to transport waste, and I warned at the time—to be far from the administration must answer the con- will oppose any effort to do so. truth. While electricity from nuclear cerns raised by many Americans in Since 1983, the people of Michigan power has been reliable, it is neither many States about nuclear waste have committed more than $400 million cheap nor clean. The waste from these transportation security before any ma- to the Nuclear Waste Fund for environ- plants is an enormous and undisputed terial moves across the country and mental protection that they have not economic liability for the Nation, and through hundreds of large cities and received. The Palisades nuclear power it is far from environmentally clean. small towns. Until then—and until the plant near South Haven has a total of After all these years of coasting on Yucca Mountain site is truly oper- 432 spent fuel assemblies stored in 18 these false promises about nuclear ational—we must focus our energy on dry casks located on site. An addi- power, the bill has come due. Today we ensuring that all nuclear waste is se- tional 649 spent fuel assemblies remain have 29 years of nuclear waste in cured in the safest, strongest on-site in the spent fuel pool and will ulti- Vermont in the form of spent fuel in storage facilities possible. mately be transferred to dry casks. The temporary storage on the banks of the The PRESIDING OFFICER. Who Big Rock Point nuclear plant near Connecticut River, and we cannot ig- yields time? Charlevoix retains all of its spent fuel nore that it needs to be managed. Part Mr. MURKOWSKI. Mr. President, I in a pool inside the containment build- of that management, especially since thank the Senator from Arizona. The ing. The plant is permanently shut September 11 and all of our heightened Senator from Idaho I think would re- down and is in the process of being de- security since then, is to better secure quire some 15 minutes. commissioned. Beginning early next on-site waste until it can be trans- Mr. REID. Mr. President, I say to my year, the plant’s 441 spent fuel bundles ported to a safer location. And part of friend, the Senator from Idaho spoke to will be loaded into 7 dry casks and that management is to create that me and indicated he would like to go stored on site. These casks are de- safer location, officially designating now. Senator ENSIGN and I have to be

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6477 here, and you have to be here. He No damage was done to the Senate in would be a purely negative and obstructive doesn’t have to be here all the time. 1957, and it was that precedent that act. The second consequence is equally clear. Mr. MURKOWSKI. I am sure he is re- found its way into the 1982 act. Failure Until this motion is adopted, it is inappro- lieved to hear that, Mr. President. to not proceed to and not approve the priate and premature to discuss at any The PRESIDING OFFICER. The Sen- length either the merits of the bill or to con- resolution will not, obviously, in my sider any amendments thereto. All this will ator from Idaho. opinion, advance the issue at hand. properly come later. But for the moment, all Mr. CRAIG. Mr. President, thank Having said that, I ask unanimous we are contending for is the right of the Sen- you. consent that the RECORD of July 8, 1957, ate to take the earlier step, which is logi- I thank my colleague for allowing me be printed in the RECORD. cally prior to the discussion of amendments. some additional time to visit with you There being no objection, the mate- Let this immediate issue be crystal clear, about what is probably one of the most rial was ordered to be printed in the and let it be not confused by a deluge of words and a multitude of false leads. It important environmental votes we will RECORD, as follows: should not need any argument on our part. have this session in both the short- [Excerpt from the RECORD of July 8, 1957] Since the motives of those who are sup- term and the long-term perspective of CIVIL RIGHTS porting this proposed legislation have, how- good government policy dealing with Mr. KNOWLAND. Mr. President, the motion I ever, been called into question, it may be the waste stream of our nuclear era am about to make is to enable the Senate of proper if we briefly restate our purpose. and hopefully dealing with it in a way the United States to perform its legislative What we are trying to do is to make effective that allows us to move forward to new function to consider, debate, and vote upon in actual life the constitutional rights of all reactor design. such amendments as may be offered and citizens—regardless of race and color—pri- Ultimately, ensuring America it will upon H.R. 6127, otherwise known as the civil- marily the right to vote. As we all know, rights bill. this right is guaranteed by the 15th amend- continue to have a nuclear industry ment in the following words: that will provide the quality of elec- * * * * * ‘‘The right of citizens of the United States trical power on which our country will I hope that within this week the Senate of to vote shall not be denied or abridged by the so depend in an environmentally sound the United States will be allowed to vote on United States or by any State on account of way is really an underlying premise of the motion to proceed to the consideration race, color, or previous condition of ser- of this important bill. vitude. this debate. I feel certain that the Members of this Before I discuss that a little more, I ‘‘The Congress shall have the power to en- body are both reasonable and fair. If the op- force this article by appropriate legislation.’’ thought I would add to the RECORD an ponents of the proposed legislation will Not only does Congress have the power, but interesting fact about precedent. I argue the merits of their case on the bill it also has the duty to protect this right to know my colleague from Nevada is con- itself and on the amendments when the bill vote against interference by State officials cerned about that as it relates to pro- is before the Senate, they will find that we under not only the 15th but also the ‘‘equal cedural activity on the floor and what who favor the Senate’s functioning as a leg- protection of the laws’’ clause of the 14th this motion to proceed may or may not islative body will not be unfair in our judg- amendment. Furthermore, the Supreme Court has held mean. ments or unreasonable in our actions. The mere fact that a majority may favor (U.S. v. Classic (313 U.S. 299)) that this right As you know, the comment was made bringing this bill up for consideration will to vote in Federal elections is also guaran- that if anyone other than a majority not cause us to depart from a procedure of teed by article I, section 2 of the Constitu- leader were to make a motion to pro- parliamentary conduct that we would con- tion, and can be protected by the Federal ceed, the Senate would be seriously sider fair and equitable if applied to us if we Government against infringement by indi- harmed. Let me give you a small ex- were in the minority on this or any similar viduals as well as by State or local bodies. cerpt of history. measure. All of us know—and this knowledge is sup- On July 8, 1957, Senator Knowland of Again I appeal to my colleagues to permit ported by statistics and press accounts—that the right to vote is denied to vast numbers of California, the Republican minority the Senate as a part of a coordinate branch of the Government of the United States, to Negroes, particularly in those areas where leader of the Senate, rose and made the function under section 1, article I of the Con- they are found in large numbers, namely the motion to proceed to the consideration stitution, which reads as follows: Southern States. Frequently, this is done by of H.R. 6127, which was being blocked ‘‘All legislative power herein granted shall legal and procedural subterfuge, often by so- by the majority and the majority lead- be vested in a Congress of the United States, cial pressure, sometimes by economic pres- er. which shall consist of a Senate and House of sure, and—upon occasion—by outright coer- On July 16, 1957, after a week of de- Representatives.’’ cion. The net effect of all these methods is bate on just that issue, the Senate Mr. President, I move that the Senate now the practical disenfranchisement of the vast voted 71 to 18 to take up the legisla- proceed to the consideration of Calendar No. proportion of potential Negro voters of the 485, H.R. 6127. South. tion. In other words, they voted on a The PRESIDENT pro tempore. The bill will We believe this is to be a denial not only of motion to proceed proposed by the Re- be stated by title for the information of the constitutional rights, but also of the prin- publican minority leader. Senate. ciples of true religion and of the ideals upon This legislation was the Civil Rights The CHIEF CLERK. A bill to provide means which our Republic was founded. We seek to Act of 1957. The majority leader was of further securing and protecting the civil realize those ideals not by criminal prosecu- the then-Senator Lyndon Johnson. And rights of persons within the jurisdiction of tions after the fact, but by the preventive he survived the assault on his leader- the United States. use of injunctions to prevent such abuses from occurring. All that is asked is that offi- ship very well. I think history will cer- The PRESIDENT pro tempore. The question is on agreeing to the motion of the Senator cials and citizens should conform to the law tainly attest to that. The Senate itself from California. and to the Constitution. If this is done, noth- has also survived very well. Mr. DOUGLAS. Mr. President, what the Sen- ing else need follow, since our aim is preven- But what we got through that fight ator from California has moved is merely tion, not punishment. was probably one of the most critical that the Senate proceed to consider the civil We are concentrating our efforts upon pieces of legislation of a generation if rights bill. He is not, at this time, moving its making the right to vote effective, because if not in the history of this country; and passage. He is simply trying to bring the this right is guaranteed then many other that was the Civil Rights Act of 1957. issue up before the Senate, so that we may abuses which are now practices upon the disenfranchised will be self-correcting. The procedures we are following and then have the chance to discuss and to vote on it. * * * * * that set forth in the Nuclear Waste If the motion of the Senator from Cali- Policy Act are a part of the Senate Mr. DIRKSEN. I announce that the Senator fornia prevails, then, and only then, will it from New Hampshire [Mr. BRIDGES], the Sen- rules. By the term of the statute, those be germane for us to debate the merits of the ator from Maine [Mr. PAYNE], and the Sen- procedures could be amended in the bill itself and to consider such amendments ator from Kansas [Mr. SCHOEPPEL] are absent same fashion as any other rule. as may be proposed. But for the present, all because of illness. For 20 years, no one has complained that is before us is that we take a prior step The Senator from North Dakota [Mr. about the procedures developed by Sen- and clear the decks so that we can thereafter YOUNG] is detained on official business. ators Jackson, Johnston, Proxmire, consider the all-important question of civil If present and voting, the Senator from rights. and McClure, and others, and eventu- Maine [Mr. PAYNE] and the Senator from This very simple parliamentary fact cre- Kansas [Mr. SCHOEPPEL] would each vote ally put forward by Congressman Joe ates two guides for action. First, that to fili- ‘‘yea.’’ Moakley, the chairman of the House buster against such a preliminary step as de- The result was announced—yeas 71, nays Committee on Rules. ciding that we will later consider the bill 18, as follows:

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6478 CONGRESSIONAL RECORD — SENATE July 9, 2002 YEAS—71 what those temporary repositories zones, and rapid ground water flow. In Aiken Frear Martin, Pa. were always intended to be. other words, that is the geology of the Allott Goldwater McNamara So this really was the hand-in-glove mountain, as spoken to by the Gov- Anderson Gore Monroney scenario. Do not suggest that one goes ernor of Nevada. Barrett Green Morse Secretary Abraham has asserted Beall Hayden Morton without the other at all because they Bennett Hickenlooper Mundt were licensed not for permanency but Yucca Mountain is geologically stable Bible Hruska Murray for temporary status while the Federal and experiences little ground water Bricker Humphrey Neely Government moved through that time flow or rainfall. Bush Ives Neuberger Butler Jackson of establishing a permanent repository. The U.S. Geological Survey agrees, O’Mahoney Capehart Javits stating that the arid climate and low Pastore In that context, when we talk about Carlson Jenner Potter the 70,000 ton cap at Yucca Mountain probability of repository-piercing Carroll Johnson, Tex. earthquakes or volcanic activity sup- Case, N.J. Kefauver Purtell as a statutory limitation, it may be Case, S. Dak. Kennedy Revercomb statutory but it is not physical. We do port the recommendation of Yucca Chavez Kerr Saltonstall not know what the physical capability Mountain. Church Knowland Smith, Maine The Nuclear Waste Technical Review Smith, N.J. of Yucca Mountain beyond 70,000 tons Cooper Kuchel Board also concurred, stating: Cotton Langer Symington would be. It could be increased over Curtis Lausche Thye time 30 years out if, in fact, all of the No individual technical or scientific factor Dirksen Magnuson Watkins geology and everything else met the has been identified that would automatically Douglas Malone Wiley eliminate Yucca Mountain from consider- Dworshak Mansfield Williams standards that the scientists, through ation at this point. Flanders Martin, Iowa Yarborough the licensing process, had established. That is a quote directly from the re- Twenty years from now, 30 years NAYS—18 port by the technical review group. from now, I will not be here. I doubt Byrd Holland Scott Based on these factors, the Energy Eastland Johnston, S.C. Smathers that the junior Senator from Nevada Committee, on which I serve, examined Ellender Long Sparkman will be here. But on another day and in Ervin McClellan Stennis it and determined that it was fair that another place, and if that science we bring this issue to the floor in the Fulbright Robertson Talmadge meets those standards, and it is strong Hill Russell Thurmond form of a resolution and allow our- and stable, and the world’s perspective NOT VOTING—6 selves to go to the next step. has shifted, then, remember, we are And oh, by the way, the U.S. Geologi- Bridges Hennings Schoeppel dealing with a statutory cap, not a Clark Payne Young cal Survey agrees with us. The Gov- physical limitation, as it relates to ernor asserted that the geology of So Mr. KNOWLAND’s motion was agreed to; Yucca Mountain. and the Senate proceeded to the consider- Yucca Mountain is so bad that DOE has The reason the statutory cap was put given up on geologic isolation of waste ation of the bill (H.R. 6127) to provide means in place originally was because we were of further securing and protecting the civil in favor of manmade barriers. In other rights of persons within the jurisdiction of looking at other repository locations words, the original concept was to cre- the United States. in Vermont, in Washington State, and ate a facility so deep in the Earth that Mr. DIRKSEN. Mr. President, I move that other places at the time. That is why the Earth itself would create the nat- the Senate reconsider the vote by which the there was a cap put in place. ural barriers, and that you would not motion was agreed to. I know Senators Cantwell and Jef- Mr. KNOWLAND. Mr. President, I move to need to build a barrier within a barrier, fords and Wellstone have talked about in other words, a manmade barrier. lay that motion on the table. the limitations and, therefore, the ar- The VICE PRESIDENT. The question is on Secretary Abraham points out that a agreeing to the motion of the Senator from gument that temporary repositories balance of both natural and engineered California [Mr. KNOWLAND]. would still have material in them. Re- barriers has always been planned for The motion to lay on the table was agreed member, of course, any of us who legis- the repository. to. late know that a statutory cap is one Existing geologic barriers are likely Mr. CRAIG. Let me also talk about that could be changed if the politics sufficient to prevent waste from reach- one other issue that we discussed when and/or the science would argue a ing ground water, but the engineered we talk about the capacity of Yucca change were there to do so. So let us barriers provide additional protection. Mountain and, therefore, that there not, in any way, fall prey to that argu- Do you remember what we did a cou- will always be waste out there some- ment of limitation. ple years ago? Because we wanted to where in these temporary repositories In that context, let me suggest that make sure we did it right, because we at these nuclear reactors generating limitation is, in part, tied to the geol- wanted to address the arguments that our commercial power. ogy of Yucca Mountain. I cannot tell were being made, we put EPA into the Yes, there will be temporary storage you that I was there at the beginning, mix and we extended the idea of engi- for periods of cooling pretransporta- but I was there during the legislative neering out into the future a facility tion. There would be anyway under any time when we were looking at a variety that would withstand 10,000 years of circumstance. But what we are talking of locations for repositories. I had ex- any kind of threat. That is when the about—and the Senator from Nevada amined them all as a legislator. I read barrier within the barrier concept real- showed a dip—is that you can just dou- all of the preliminary geologic surveys. ly began to develop. ble the numbers at each one of those, if It was determined at that time, in The Nuclear Waste Policy Act re- you want. And doubling the numbers, the mid-1980s, that Yucca Mountain quires the Secretary to consider engi- in my opinion, does have a risk factor, was, by far, the site that appeared to neered barriers when making this rec- certainly a management factor. be the most desirable other than, if you ommendation to the President. What is most important is that many will, the large granite deposits in Long before the Governor got into of these temporary repositories were li- Vermont. the argument, and long before the Gov- censed under State authority for a cer- Granite has a unique shielding capa- ernor tried to find arguments that tain volume. To exceed that means you bility, and it is possible to assume that would fit his political need, we had al- have to go back to the same State au- you could put repositories deep into ready thought of that. It was in the thority that was granted 15 or 20 years the granite of Vermont and it would be 1982 act. The Nuclear Regulatory Com- ago, versus today, and the politics have an ideal situation. But our country did mission, not the committee or the Sen- changed a great deal, and we know not go there. Our country decided not ate, must ultimately decide if the bar- that, because those States were led to to have multiple repositories, but a riers are sufficient to prevent the seep- believe that the Federal Government single one, largely because of the poli- age of radionuclides. The committee would react responsibly in building a tics of it. agreed with Secretary Abraham’s con- permanent repository and the tem- Governor Guinn, in his arguments of clusion that the consideration of man- porary facility would be just that—it vetoing it, suggested that Yucca Moun- made barriers is appropriate. would not become a permanent facil- tain is unsuitable for a permanent re- The Governor claims that DOE’s ity. Therefore, it would be a point to pository because it is at the center of computer models are unable to ade- cool and a point to transfer. That is volcanic activity, earthquake vault quately predict emission rates for

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6479 10,000 years. The NRC will rely on these DOE’s inability to file an application transportation routes. Down here is St. models for licensing, as absolute proof within 90 days is unfortunate but not a Louis—all the various transportation of compliance with EPA radiation pro- violation of the statute. The provision routes through this part of the country tection standards is not obtainable. is a directory, and not a mandatory re- upon which nuclear waste could and DOE must be able to demonstrate com- quirement. probably will travel. This happens to pliance with EPA’s standards for the In other words, like the science, we be the State of California. My State is 10,000-year cycle. have met the standards but we want to here, but all of these are various trans- The committee is concerned that achieve a greater level. portation routes going through major DOE models are not adequate. The Nu- In that regard, as it relates to the cities—Los Angeles, Oakland, Sac- clear Waste Technical Review Board law and as it relates to an application ramento. has expressed similar concerns but has to the Nuclear Regulatory Commis- This happens to be Colorado, Denver, given guidance to DOE on improving sion, we have met suitability as we a major metropolitan area here as well. the quality of its assessments. now work to address the other issues This is Utah where we have Salt In other words, what we are talking that will become a part of the licensing Lake City. We see the highways and about and what the Secretary made his process of the Nuclear Regulatory the railroads running through Salt recommendations on was the science Commission. Lake City. far enough along to get us to the point The PRESIDING OFFICER. The Sen- This is Florida, with a huge amount of moving it the next step. The science ator’s time has expired. of population today, a very populated is not cooked. It is not done. It is not The Senator from Nevada. State—going through Miami, near Or- over. It is evolving. Mr. REID. Mr. President, I have spo- lando and through Orlando, with the What I am suggesting is that as we ken with the distinguished Senator train routes through Jacksonville, Tal- question the science, the science we from Alaska. We both have limited lahassee. now have is adequate to arrive at rea- amounts of time to give, but we de- This is in Georgia—going through ob- sonable comfort under all of the best cided the Senator from Nevada would viously their major population center engineered scenarios to allow the safe- be given 15 minutes; following that the in Atlanta. ty that is required. But for the Nuclear Senator from Alaska would be recog- This is a summary of the country. Regulatory Commission and others to nized to use up whatever amount of his These are just the highways across the require additional science is possible. 25 minutes he wished; and following country. We can see that so much of The committee expects DOE to im- that I will speak and/or the majority the country and so many population prove its computer models but does not leader. That should take all of our areas of the country are going to have believe that existing weaknesses are time. nuclear waste transported through sufficient to stop the consideration. In I yield 15 minutes to the Senator them. Once again, we don’t know the other words, we are not even satisfied from Nevada. exact routes, but these are the best with the work that has been done, al- The PRESIDING OFFICER. The Sen- routes we have to go on. though it is clear—and I must say for ator from Nevada. The Department of Energy and the the RECORD that the work that has Mr. ENSIGN. Mr. President, Nevada’s nuclear industry wants Americans to been done is adequate, clearly adequate slogan is ‘‘battle born.’’ It is on our believe that taking tens of thousands to get us to this point of consideration. State flag. It reflects the firmness of of tons of dangerous radioactive waste, If we can make the best better, and if purpose and the willingness to fight for removing it from reactor sites around in that we create the kind of both po- what is right that is so much a part of the country, and putting it on trains litical and real comfort that the State what characterizes Nevada. This is as and trucks and barges now and moving of Nevada needs, then we ought to do true today as it was when our State en- it through cities and towns and water- that. That is our responsible role as tered the Union during the Civil War. ways across America so it can be bur- public policymakers. Let me conclude with the Governor’s When it comes to Yucca Mountain, ied on an earthquake fault line in objection on what he calls the com- we intend to fight. Nevada’s other southern Nevada is a good idea. It is pleteness of the design. The Governor motto is ‘‘all for our country.’’ This is not. notes that DOE has not completed the proudly displayed on our State seal. According to the Department of En- design of Yucca Mountain and cites 293 Nevadans have always been for our ergy, 50,000 to 100,000 truck shipments, unresolved technical issues. Because of country. The ore taken from Nevada’s 10,000 to 20,000 rail shipments, and 1,600 these, the DOE will be unable to sub- Comstock load financed the means by to 3,000 barge shipments would be re- mit a license application to the Nu- which we preserved the Union during quired to transport high-level nuclear clear Regulatory Commission until the Civil War, and Nevada has hosted waste to Yucca Mountain. 2004, violating a statutory requirement aboveground nuclear testing at the Ne- The Government is trying to con- to file an application within 90 days of vada Test Site, the result being a weap- vince us that this project is going to be congressional approval of the Presi- on of such mass destruction that it safe; as a matter of fact, they say more dent’s recommendation. That has been swiftly brought the end to the World than safe. The Government would have the argument placed by some. War II conflict. us believe that getting this waste to The Nuclear Waste Policy Act re- Too many innocent people in Nevada Yucca Mountain is the key to keeping quires the Secretary to determine site and Utah died from horrible cancer-re- our children safe from radioactive suitability before making a rec- lated disease from the radiation fall- waste that is going to be dangerous for ommendation to the President. It does out. So when it comes to our national tens of thousands of years. not require him to complete the reposi- defense, Nevadans have always proudly Anyone who believes the argument tory design or satisfy every obligation stood tall for our country. that this dangerous waste can be trans- for license application. In other words, Yucca Mountain is not needed for our ported without incident only needs to the step required by law was met, de- defense and goes way beyond patriotic look at what happened last July in the termining site suitability. It is from duty. Baltimore Tunnel when a CSX freight that process within the law that moves I want to address the transportation train carrying hazardous waste de- us to where we are today. issue. These are some charts. Once railed and set off fires that burned for The Nuclear Regulatory Commission again, because we don’t know the exact days. The casks have been studied at is confident that the DOE can supply transportation routes, these are the about 1,475 degrees using computer all necessary information for license charts from the Department of Ener- modeling—casks similar to that. The review. The 293 unresolved issues are gy’s final environmental impact state- Baltimore Tunnel fire burned at 1,500 commitments from the DOE to supply ment. So it is all we have to go on. degrees for days, which is way beyond additional information. Forty-one of The darker lines—it is probably very what these casks have been put these issues have already been com- difficult to see the real light red lines through—at least in the laboratories. pleted, reducing the number to 252. which are the rail—are the highways. Imagine a similar incident to that The Yucca Mountain project is al- This happens to be in Illinois. Chicago which happened in Baltimore, except ready 12 years behind schedule. The is up here. These are all the various this time if it is radioactive waste.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6480 CONGRESSIONAL RECORD — SENATE July 9, 2002 Forget an accident. What about a The computer simulation is for 30 full, we will still have virtually the terrorist attack? People have talked minutes at 1,475 degrees Fahrenheit. same as what we have today. So we today about the record of shipping nu- The temperature in the Baltimore Tun- really have not accomplished too clear waste across Europe and the nel fire read 1,500 degrees, and it much. United States. But post-September 11, burned for days. The NRC stated that If we don’t have Yucca Mountain, it we are in a different world. We need to it is doing a top-to-bottom review— will be way up, but there is not a lot of think about terrorism and the ways partly because of September 11 and the difference. It is a management thing, and uses and possible attacks on these Baltimore Tunnel fire—to review the not a security risk. nuclear canisters as they are traveling security requirements, including a re- The other thing is after Yucca Moun- across our country. Hijacking or blow- view of the transportation casks’ tain is full, we start producing more of ing up a truck containing nuclear vulnerabilities to terrorism. Let’s it, and we get out to 2056, we can see waste would be an easy way to dev- make sure these casks are properly what happens. So Yucca Mountain astate one of our metropolitan areas. tested before Congress votes on Yucca doesn’t really solve the problems peo- What we have on the chart here is Mountain. ple say it is going to solve. difficult to see because it is taken off I want to talk about the Govern- Moving waste to Yucca Mountain of VHS footage. This is a canister that ment’s big lie. Not only is the Govern- will just create one additional large is very similar. This is a newer com- ment’s plan dangerous for America, it storage facility. To do that, the cost pany using their best technology try- also won’t solve the problem. The Gov- will be tens of thousands of shipments ing to compete with the currently used ernment’s big lie is that we Americans of deadly radioactive waste on the Na- canisters. This is a TOW missile fired have a choice to have one central nu- tion’s highways and railroads and wa- down through there, and you can see clear waste storage site at Yucca terways day after day, month after that it penetrates it or would breach Mountain or to have waste stored at month. Obviously, it will never end. one of these nuclear waste canisters the reactor sites around America. We I want to talk briefly about the his- that are going to be shipped across talked about it earlier today. That tory of the process. This is really major metropolitan areas in the United sounds as if it is an easy choice except Washington power politics. The reason States. that it is not true. I talk about this is because we are Indeed, the most senior al-Qaida Even if, by some luck, waste is going to get to the cost of Yucca Moun- leader in U.S. custody told interroga- shipped safely across the country to tain in a moment. tors that al-Qaida is seeking to explode Yucca Mountain, there will continue to In 1982, the Nuclear Waste Policy Act a ‘‘dirty’’ bomb in the United States. be nuclear waste stored at all oper- gave the Energy Department until 1998 Jose Padilla was arrested in Chicago ating reactor sites. You see, even if it to open a permanent underground geo- after intelligence indicated that he was were possible to immediately and logical depository for high-level nu- participating in a plot to detonate a magically, as one of the Senators clear waste. At the time, they were ‘‘dirty’’ bomb in the United States. But talked about today—like our garbage is studying several sites. But because of al-Qaida doesn’t need to buy nuclear picked up, we simply, all at once, pick politics out of the States of Nevada, material to smuggle a ‘‘dirty’’ bomb it up and take it to the dump. It is not Washington, and Texas—Washington into our country. Congress is doing the done that way with nuclear waste. had the majority leader in the House, hard work for them. There will continue to be spent fuel and Texas had the Speaker of the Every truckload of nuclear waste stored at each and every operating re- going to Yucca Mountain on our high- House—Nevada ended up with the nu- actor in the country. That is because ways through our towns and cities is a clear waste ‘‘queen of spades.’’ nuclear waste is highly radioactive, The deal reached was not by a sci- potential ‘‘dirty’’ bomb. All the terror- thermally hot, and must be kept at re- entific determination of which location ists have to do is breach one of these canisters on one of the trucks, trains, actor sites at water-filled cooling would be suitable. Basically, they just or barges, as the Senator from Michi- ponds for at least 5 to 10 years. The decided on politics that Nevada would gan talked about, in the Great Lakes, only way spent fuel storage can be get this. The site originally was for geology. and we will witness another severe act eliminated from a reactor location is of terrorism. to shut down the reactor and wait They said: We are going to house this So let’s call this legislation what it many years to ship the material after waste underground, and it is going to is and what it is not: This is not the that. protect us. Over the years, they found Nuclear Waste Disposal Act. It is the I don’t think that option of closing that the geology would not protect us. ‘‘terrorism facilitation act,’’ and it down figures into the nuclear indus- So what they had to do was build in needs to be defeated. Nuclear power- try’s long-range plan. We will have manmade protections, and that drove plant sites are among the most secure 65,000 metric tons of commercial nu- the costs up significantly. commercial facilities in the country. clear waste by the time Yucca Moun- Prior to 1987 when they said they Following the events of September 11, tain is scheduled to open. We produce were going to study one site, the origi- they are being made even more secure, about 2,000 metric tons of nuclear nal cost estimate was $24 billion. In and there are even proposals for mili- waste per year. The DOE plans to ship 1985 the cost estimate went to $27 bil- tary protection at these sites. about 3,000 tons. Just do the math. We lion, and in 1987 it was $38 billion. They Modest infrastructure improvements won’t get rid of the nuclear waste were studying three sites. They said: can further increase the level of pro- backlog in the country for nearly a We cannot do that; we will just study tection against any conceivable ter- century—even if, as somebody talked one site. rorist threat. Nuclear waste is safe about, we expand Yucca Mountain, Now they are studying one site. The when stored onsite in casks surrounded which would obviously be politically a cost in 1995 was $37 billion, in 1998 the by concrete. But it is another story very difficult thing to do—excuse me. cost was $46 billion, and in 2001 the cost when these casks are going to be trav- Yucca Mountain will be filled long be- is $58 billion. That is the equivalent of eling by homes, schools, and churches. fore then—as we see on the chart, in all 12 aircraft carriers for the United At this time, we cannot be sure they 2036. States combined. As a matter of fact, will survive real-world conditions. We I think it is important to understand that is more than in today’s dollars the may be able to develop the technology, this because the DOE and the Sec- cost of the Panama Canal, the World but we don’t have it today. So we retary of Energy have been saying that Trade Center, and Hoover Dam all com- should not have Yucca Mountain go it is safer to have this fuel all shipped bined. forward until we develop the tech- to one place. This is today. We have That does not include building a rail nology. 45,000 tons of spent nuclear high-level site to Yucca Mountain which, accord- As I have said earlier, the casks have radioactive waste around the country. ing to the DOE, is going to be needed. not been tested in real fires—only with In 2010, when Yucca Mountain is sched- So this is a boondoggle, and we do not computer simulations, and not to the uled to open, we will have 65,000 tons. If need to do it. extent they need to be tested. I will re- we start shipping about 3,000 tons a The PRESIDING OFFICER. The Sen- peat that because it is so important. year, by 2036, when Yucca Mountain is ator’s time has expired.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6481 Mr. ENSIGN. I ask unanimous con- accurate, what he is inaccurate about repository to see if it warrants a license to sent for 5 more minutes. is the majority leader supported the operate. Mr. MURKOWSKI. On the time of vote. What we have said is no motion Mr. President, I ask unanimous con- Senator REID. to proceed has ever come to the Senate sent that this New York Times article, Mr. ENSIGN. Yes. floor successfully over the objections ‘‘A Critical Vote on Nuclear Waste,’’ Mr. MURKOWSKI. I have no objec- of the majority leader, and that state- and a Chicago Tribune article, ‘‘Cross- tion, Mr. President. ment is still true, even with the 1957 roads of Nuclear Waste Storage,’’ dated Mr. ENSIGN. Mr. President, accord- precedent. July 9 both be printed in the RECORD. ing to the NRC Chairman, people have We think this still sets a very dan- There being no objection, the mate- said: Do we have to do this right now? gerous precedent on Senate tradition if rial was ordered to be printed in the According to the NRC Chairman, we do this vote goes forward today. RECORD, as follows: have the capacity to store these mate- Lastly, I wish to thank a few people rials safely for decades to come—NRC in our State who have done a phe- [From the New York Times, July 9, 2002] Chairman Richard Meserve. nomenal job of fighting this fight for A CRITICAL VOTE ON NUCLEAR WASTE There has been a lot made of one of the people of the State of Nevada and I The Senate is facing a momentous vote the Senators talking about what do we believe for Americans in general. First, this week that will determine whether a plan do with this waste if we do not trans- the senior Senator from Nevada, the to bury nuclear waste at Yucca Mountain in port it, and I wish to conclude my re- assistant majority leader. No one has Nevada moves to the next stage of regu- marks by giving people an answer. If worked more tirelessly on this issue latory scrutiny or dies prematurely. Any leg- not Yucca Mountain, then what? islative delay now will be likely to termi- than he has. His staff has done an in- nate the project, and that must not be al- Onsite dry cask storage is good for at credible job, as has my staff. I am lowed to happen. If Yucca is abandoned, the least 100 years. We know that. These thankful for the yeoman work of our nation will be right back where it was dec- canisters are safe for at least 100 years, Gov. Kenny Guinn and other elected of- ades ago—with spent nuclear fuel piling up according to the Department of En- ficials, both Republican and Democrat, at reactor sites around the country and no ergy. It is about $4 billion to $5 billion in our State who have tirelessly fought plan for its permanent disposal. to store it onsite, and that includes all this issue. In recent weeks the critics of Yucca Moun- of the costs associated with storing it If we lose this vote, I am committed tain have grown increasingly alarmist in an onsite—$4 billion to $5 billion instead to the belief that one day, years from effort to stampede any wavering senators. of $60 billion plus. It is going to be at They claim that Yucca has geological and now, leaders will look back on what technical flaws that render it unsafe. But least $60 billion, make no mistake the Senate did today and simply say: those are precisely the issues that will be ex- about it. What were we thinking? amined in excruciating detail by the Nuclear Every year, we have been taking the Mr. President, I yield the floor. Regulatory Commission if a licensing appli- cost up by over $10 billion in the esti- The PRESIDING OFFICER. The Sen- cation is allowed to move forward. The crit- mates. Where is the cost going to go ator from Alaska. ics also fret over the possibility of cata- from here? We know this situation is Mr. MURKOWSKI. Mr. President, strophic accidents while the fuel transported going to be too expensive. What we how much time remains on this side? from reactor sites to Nevada. But they sel- need to do is keep the waste onsite. It The PRESIDING OFFICER. The Sen- dom mention that such shipments have gone ator has 26 minutes. on without incident in this country and Eu- is a lot cheaper. rope for the past three decades—in quan- There is promising science. There is Mr. MURKOWSKI. I will take such tities that actually exceed the amount that pyroprocessing. There is what is called time as I need. would be shipped to Yucca. accelerator technology transmutation. Mr. President, it is fair to reflect on The Senate finds itself in this pivotal spot These are fancy scientific words. The where we are. Today the Senate is because the statute that designated Yucca bottom line is they are modern recy- going to decide whether the Secretary Mountain as the sole candidate for a disposal cling of nuclear waste or partially of Energy should be allowed to make site set up a tight timetable of necessary ap- spent nuclear fuel rods. We are recy- an application to the Nuclear Regu- provals. The state of Nevada vetoed the cling everything we can in this coun- latory Commission for the use of Yucca project, as was its right, thereby throwing try. We need to continue to invest in Mountain as a repository for spent nu- the decision back to Congress. The House has already voted, by a thumping margin, to go recycling technology. clear fuel and high-level waste. That is forward. But unless the Senate also votes to For those who are supporters of nu- the only issue before this body. override Nevada by late this month, the des- clear power, as I am, recycling will The Senate today is not—I repeat, is ignation of Yucca as the candidate reposi- make nuclear power more viable in the not—deciding whether science and en- tory will expire. future, I believe, because if we have gineering are sufficient for the Yucca Unfortunately, the Senate Democratic solved the waste problem, instead of Mountain site to be operated safely and leadership is working against the proposal. burying it in the ground where it is too in compliance with EPA and other Harry Reid, the majority whip, who hails expensive and waste partially spent nu- agency regulations. That is really the from Nevada, is adamantly opposed to stor- clear fuel rods, if we invest in recycling job of the Nuclear Regulatory Commis- age in his state. Tom Daschle, the majority sion. leader, opposes the project and is refusing to technology, we will have a permanent schedule a Yucca Mountain vote. Fortu- energy supply for generation after gen- We have had a lot of discussion. nately, the Nuclear Waste Policy Act allows eration of Americans. Some of the discussion is associated any senator to request that the Yucca reso- If one believes in nuclear power, let’s with fear. I have looked for a synonym lution be brought to the floor for time-lim- make it less costly and let’s invest in for red herring. I do not know if fluo- ited debate and a vote, a step that Repub- the recycling technology and keep it rescent herring is as close as we are licans say they will take as early as this onsite without the risks of transpor- going to get. In any event, we have to week, possibly even today. tation. deal with this in a responsible manner. Any senator tempted to vote against the I wish to make one other point before Let me share with my colleagues resolution must recognize the severe con- I close. The senior Senator from Idaho what some of the public opinionmakers sequences. A nay vote or a failure to vote have said. I quote from the New York means that Yucca Mountain is effectively talked about 1957. We are talking about dead and the nation must start anew to look a procedural motion. He talked about Times. This is July 9, ‘‘A Critical Vote for a disposal solution. A yes vote means 1957 where somebody offered a motion on Nuclear Waste.’’ It says: simply that the project can proceed to the to proceed, and I have been saying all Any Senator tempted to vote against the next step, a formal licensing application to day we are violating Senate tradition resolution must recognize the severe con- the Nuclear Regulatory Commission, which today. sequences. A nay vote or a failure to vote will spend years analyzing all aspects of the He said that in 1957, somebody in the means that Yucca Mountain is effectively repository to see if it warrants a license to minority offered a motion to proceed dead and the nation must start anew to look operate. Given the stakes, it would be irre- for a disposal solution. A yes vote means sponsible for the Senate—most of whose and that debate took a week. At the simply that the project can proceed to the members have little detailed knowledge of end of the week, that motion to pro- next step, a formal licensing application to the Yucca proposal—to decide this issue on ceed actually was voted for by a vote of the Nuclear Regulatory Commission, which the fly, thereby blocking the detailed tech- 70-something to 28. While that vote is will spend years analyzing all aspects of the nical review that it deserves.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6482 CONGRESSIONAL RECORD — SENATE July 9, 2002 [From the Chicago Tribune, July 9, 2002] of radioactive materials has the potential to We had a lot of discussion, and I am A CROSSROADS IN NUCLEAR WASTE STORAGE cause a host of serious challenges to cities inclined to think we have probably (By Dick Durbin) and communities along shipping routes. This spent 20 years or so moving this proc- issue is all the more important in light of ess along relative to the disposition of The advent of nuclear power more than 50 the terrorist threats we are likely to face in years ago brought with it both great promise the years ahead. the waste. People sometimes have dif- and great responsibility. Our ability to har- In Illinois, nearly half of our electricity is ferent visions of what Yucca Mountain ness the power of the atom has paid substan- generated from nuclear power. Our state con- is all about. tial dividends for our society, but it has also tains seven nuclear power plants, two nu- This is a picture of Yucca Mountain. left us with the formidable challenge of safe- clear research reactors and more commercial Yucca Mountain has environmental at- ly storing the byproducts of nuclear power nuclear waste than any other state. In addi- tributes that would contribute to the generation. This is a challenge our nation tion, we are home to one of the busiest trans- safe disposal of high-level waste: Re- must meet so that future generations are not portation corridors in the nation, putting endangered by today’s nuclear waste. mote location with the nearest metro- our state squarely at the intersection of the politan area about 100 miles away, high Presently, all of the spent fuel from nu- nuclear crossroads. With the safety of Illi- clear power plants and research reactors noisans at stake, finding the safest way to security because of the proximity to throughout the country remains on-site at move nuclear waste to a location where it the Nevada Test Site and the Nellis Air each reactor. None of these facilities was de- poses the least risk is imperative. Force range, arid climate, deep water signed to safely store that waste on a perma- Congress must insist on a comprehensive table, isolated hydrologic basin with- nent basis, and leaving spent fuel in tem- safety program for nuclear waste transpor- out flow into rivers or oceans and mul- porary storage around the nation poses both tation. We must require the waste contain- tiple natural barriers. a security threat and an environmental haz- ment casks to be tested to ensure they could This is Yucca Mountain; this is the ard. withstand intense fires, high-speed collisions Everyone agrees that we need to find a safe site of the tunnel. I have been there. It and other threats that may occur during is in existence. And $4 billion of tax- and permanent way to store this material transport. It is also essential that states be and such a storage site has been proposed at consulted on the selection of transportation payers’ money has been expended. Yucca Mountain in Nevada. I have been to routes and are given longer advance notifica- It is important to know just what Yucca Mountain, which is located 90 miles tion of waste shipments. Other measures this location involves. This is a picture from Las Vegas on federal land at the remote that need to be addressed include banning in- of the test site area. For the last 40 Nevada nuclear test site. The waste would be land waterway shipments of nuclear waste, years, we have been using this area as stored more than 600 feet underground but requiring dedicated trains and establishing a a test site for nuclear bombs and var- more than 500 feet above the water table, minimum number of armed escorts to ac- ious nuclear weapons. It is an area that sealed in steel containers placed under a ti- company each nuclear waste convoy. tanium shield. A security force at the Ne- has levels of radioactivity associated We should move forward with making with it. For all practical purposes, in vada test site is in place to protect the area, Yucca Mountain the central repository for and the airspace around Yucca Mountain is our nation’s nuclear waste. But we must not spite of the fact we hate to admit we do already restricted. forget that the site can only serve its na- this, we put certain areas off limits. When this issue has come before Congress tional purpose if the waste is transported This is one because of the high levels of in the past, I have opposed efforts to move safely. Before shipments to Yucca Mountain radioactivity, unexploded munitions, waste to a temporary facility at Yucca begin, we need to establish a transportation and so forth. Yucca Mountain is in- Mountain before there was a scientific deter- plan to ensure the safety and security of the cluded in this area. mination of whether waste could be safely communities that lie in the path of those While we have looked for other stored there on a permanent basis. I also op- shipments—and we must begin that work places, it is fair to say one of the condi- posed earlier measures that would have man- today. dated dangerously low standards for environ- tions was this area had been set aside mental protection at the site. Mr. MURKOWSKI. Mr. President, I for a nuclear test site. Recently, however, I have been encouraged will refer to a couple of other articles. Now, another chart shows tests in by the fact that the Environmental Protec- A Seattle Times editorial, Sunday, other States. As we look at the disposi- tion Agency has successfully established ra- June 2: tion, we should go back and look at diation and groundwater contamination If the Senate does not follow the House events leading to the selection of standards for the Yucca Mountain storage lead, the Energy Department must start Yucca Mountain for a study. There site. These standards were derived from rec- over. The agency must look again at other were nine potential sites. There was ommendations by experts at the national finalists—Deaf Smith County, Texas, or academy of Sciences and were developed the Hanford site in Washington and Washington’s own Hanford Nuclear Reserva- Yucca Mountain in Nevada. In Utah, after extensive public comment and sci- tion. entific analysis. All of these standards great- there was Davis Canyon and Lavender ly exceed the standards debated by Congress I refer to the Oregonian, Saturday, Canyon. In Texas was the Deaf Smith in the two previous bills I opposed. June 8: County site and the Swisher site and a No site will ever be perfect for the storage If Yucca Mountain is blocked, nuclear couple of sites in Mississippi, sites in of high-level nuclear waste. But I believe the waste could sit forever in temporary, poorly Texas. We made a cut. We cut from studies, which have already been conducted, planned sites all across this country, includ- nine sites and left Hanford, we left ing the Trojan nuclear powerplant. Yucca and the Nuclear Regulatory Commission re- Yucca Mountain, Davis Canyon, Texas view still to come provide sufficient assur- Mountain is clearly the best option avail- ances that Yucca Mountain is the most ap- able. and Mississippi. Three sites were Presi- dentially approved: Washington, Ne- propriate site available and should be used as From the Washington Post, April 30: the permanent national nuclear waste repos- vada, and Texas. Congress should override Nevada Governor itory. Therefore, I have decided to support In 1986, there was one site left. It was Kenny Guinn’s veto and allow work on Yucca the Yucca Mountain resolution, which would Mountain to proceed. selected. That was Yucca Mountain. make that facility the national nuclear But while years of investigation have not Congress passed the NWPA, as amend- waste repository. answered all of the questions, neither have ed, mandating only the Yucca Moun- I am still concerned, however, with the they produced adequate reason to stop the tain site for the detailed site charac- movement of thousands of tons of nuclear project in its tracks. terization. waste across the country to Nevada. Accord- This has been done. We have ex- ing to the U.S. Department of Energy, Illi- And April 21, the New York Times: nois would rank seventh in truck shipments There is no question that the transpor- pended the money. We went through a under what is called the ‘‘mostly truck sce- tation issues will need to be explored in process. If we do not take care of Yucca nario.’’ The same Energy Department anal- great depth. Mountain today, what are we going to ysis concludes that Illinois would rank sixth But the appropriate place for those issues do? Start this process all over. It will in rail shipments in the ‘‘mostly rail sce- to be addressed is in a painstaking regu- be Texas, Utah, Washington, Mis- nario.’’ Although waste has been shipped latory proceeding before the NRC. sissippi. We will go through this proc- through Illinois and other states in the past, Not before a rushed Congress debate. ess—perhaps Vermont. They have a lot approving Yucca Mountain would initiate So everyone understands, we are au- of marble stabilization out there. The the largest waste shipping campaign in the thorizing the licensing process in the history of our country—both in terms of the point is, we would be derelict to walk number of shipments and the amount of sense that the administration will now away from the obligation we have miles traveled for high-level nuclear waste. be able, if we prevail on this vote, to today. Unless we scrutinize safety factors and se- proceed with a licensing process. That The transportation systems we have curity risks, the large-scale transportation is all. heard so much about. This chart shows

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6483 the existing transportation routes to The litigation associated with this A number of people have asked me WIPP, a low-level isolation pilot plant breach of the contractual commit- why it is that I support nuclear energy associated with the Livermore Labora- ments is estimated to be somewhere when my home State does not have any tories and others in New Mexico. between $40 and $70 billion. That is a nuclear power. My response is that nu- I have been there. It is in the salt hit to the U.S. taxpayer. clear energy directly benefits every caverns. You go down in the huge cav- The reality is that these ratepayers Oklahoman even though not a single erns where they store this low-level in Washington paid $98 million; in Ari- kilowatt of energy is produced from waste. It is interesting to see the rout- zona, $337 million; in Texas, $334 mil- nuclear power in our state. Oklaho- ing, what States are affected and which lion; in South Carolina, $876 million; in mans benefit from nuclear energy in are not. We move wastes from various Pennsylvania, $1 billion; Maine, $67 the form of decreased power bills and laboratories. These are low-level trans- million. These are fees the ratepayers increased national and economic secu- uranic wastes that move across High- have paid to the Government to take rity. way No. 80 and so forth. Clearly, they the waste. We have that obligation. Currently, nuclear power represents go in one location. The occupant of the chair is well 20 percent of our Nation’s electricity For those arguing the merits of Mis- versed in contractual law. We have an generation. As an integral part of the souri and waste going through Mis- obligation to perform if we enter into a U.S. energy mix, nuclear energy is a se- souri, the waste leaves Missouri. I am contract. We failed to do that. cure energy source that the nation can not suggesting there is a final plan as- The taxpayer bears the burden even depend on. Unlike some other energy sociated with it. This is where we have though the ratepayers have paid to the sources, nuclear energy is not subject been moving the waste so far. It is low- Federal Government under the terms to unreliable weather or climate condi- level waste. We do not know where the of the contract. There you have the re- tions, unpredictable cost fluctuations, various agencies are going to make sponsibility associated with the issue: or dependence on foreign suppliers. these decisions and those agencies—the If this is a Government bailout, will However, the lack of storage space Nuclear Regulatory Commission, the this come to the Appropriations Com- for nuclear waste is now threatening Department of Energy, and the Depart- mittee for appropriations? No, the the existence of nuclear power. If ment of Transportation—will bear the ratepayers have paid this amount. Yucca Mountain is not approved, nu- responsibility of determining what Let’s look at it State by State. Here clear powerplants will be forced to routes are taken. is New York. New York is 23 percent start shutting down at some point be- We have moved almost 3,000 ship- dependent on nuclear energy; 18 per- cause there will be no place to store ments of spent fuel. This is high-level cent coal; gas, 28 percent and so forth. the waste. This would have profound waste moved between 1964 and 2000. We They have operating reactors, six, consequences for all Oklahomans. moved them over 1.7 million miles. We and three sites, and as a consequence Even though Oklahoma does not have have had zero radiation releases. Low they have a significant portion of any nuclear powerplants, if nuclear level to WIPP is 900 shipments, and al- waste in their State. The waste is on power goes off line, it would cause an most 900,000 miles. We had 3,892 ship- the small charts. It is important to re- economic crisis in Oklahoma. The rea- ments and moved them over 2.6 million flect on what happens to the waste that son is simple. If you take 20 percent of miles with zero harmful radiation. is in your State if, indeed, Yucca the power supply off line, other States’ Now the importance of nuclear en- Mountain does not receive the approval demands of Oklahoma’s power would ergy and a source of electricity: 51 per- of this body. increase, thus creating a smaller sup- cent is coal, natural gas is 16 percent, We find that there are 2,378 metric ply of energy, and a corresponding in- oil is 2.9 percent, hydro is 7.2 percent, tons of nuclear fuel stored in New crease in the cost of energy for Oklaho- miscellaneous is 2.2, nuclear is 20 per- York. Do you want that fuel moved? mans. The days of utility rates in cent. That is a question. Oklahoma being 19 percent below the There are those who would like to see The next chart is Connecticut. Con- national average power rate would be the nuclear industry choke on its own necticut has 45 percent dependence on over. waste and simply go away. That is an nuclear energy. Again, the waste Higher energy prices affect everyone. impractical reality. It does not flow. If stored in that State is 1,500 tons. That However, when the price of energy rises we are talking about reducing emis- is not going to move unless we pass that means the less fortunate in our sions or talking about global warming, this legislation. society must make a decision between clearly the nuclear industry in this Illinois is almost 50 percent depend- keeping the heat and lights on or pay- country has to maintain its promi- ent on nuclear energy. They have 5,800 ing for other essential needs. In a re- nence. We have not had any new nu- tons of waste, high-level waste. I can cent study on Public Opinion on Pov- clear plants come online in 20 years. go through the other charts: erty, it was reported that one-quarter Clearly, nuclear energy plays a major California, 17 percent dependent; of Americans report having problems role. It is emission free. The problem is Maryland, 27 percent dependent; Mas- paying for several basic necessities. In the problem we have in the Senate sachusetts, I think 14 percent depend- this study, currently 23 percent have today, and that is addressing the dis- ent; New Jersey, 49 percent dependent; difficulty in paying their utilities. posal of the waste. and Washington State is relatively in- That is almost one out of every four It is important to recognize where significant at 8 percent. Americans. I will not support attacks these plants are located: the State of Nevertheless, the point I want to on our energy supply, which hurt the Washington, California, Texas, and on make here is that nuclear energy is im- poor in Oklahoma and around the Na- to the east coast. Clearly, there are a portant, the energy development in tion, in the name of an environmental number of nuclear plants producing 20 these States and the waste is piling up, crusade. percent of our electricity. This chart and it is significant. In the mid-1980s, I traveled around shows the States. Madam President, how much time is the country with President Reagan’s It is important to note the rationale remaining on our side? energy Secretary, Don Hodel, to bring that Congress developed to address the The PRESIDING OFFICER (Mrs. attention to the need for measures to disposal of this waste. That is those CLINTON). The Senator has 11 minutes decrease our Nation’s energy depend- that use nuclear power would pay a remaining. ence. Additionally, in January 1998, I special assessment into a fund that Mr. MURKOWSKI. How much time elicited virtual consensus from the currently has about $17 billion; $11 bil- does the Senator from Oklahoma need? members of the Joint Chiefs of Staff lion came from the ratepayer. The Fed- I am going to use most of the remain- that energy security was a too-often- eral Government takes that money and ing time, but if he would like 5 min- overlooked aspect of our national secu- agrees to take the waste. They agreed utes? Why don’t you take 4 minutes, rity needs. Additionally, in just the in a contractual commitment in 1998 to and you will probably get 5. last couple of weeks, Deputy Secretary take the waste. They did not take the Mr. INHOFE. I thank the Senator for of Defense Paul Wolfowitz said that waste because they were not ready. giving me a little bit of time. I believe U.S. dependency on foreign energy ‘‘is They are in violation of a contract. it is necessary. a serious strategic issue . . . My sense

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6484 CONGRESSIONAL RECORD — SENATE July 9, 2002 is that (our) dependency is projected to Mountain is so important. That is why America handles the problem of nu- grow, not to decline.’’ we have to move now to create a per- clear waste is a victory for local con- It is essential for a strong Navy. manent repository. That is why we trol. State and local governments can The fact is we are at war right now. need a central underground disposal select alternate routes if they oppose Every American is benefiting from the site, where spent fuel can be more safe- those proposed by DOE and 11 States war on terrorism. Our subs are nuclear. ly and efficiently monitored. have done just that. As they should. Our aircraft carriers are nuclear. Every And so, I urge my colleagues to vote Meanwhile, Federal and State and time we send American ships to a dif- yes on Yucca Mountain. We caught one local authorities have worked together. ferent part of the world, whether to terrorist. We can’t catch them all. Worked with training. Worked on con- keep the peace or defeat an aggressor They will come through our airports. tingency plans. Worked on mutual as- they head there powered by nuclear They will dock in our major ports. sistance agreements. Worked as part- fuel. Where does that spent fuel go? They will go through customs without ners. As we should. Building on our Na- Right now the material goes to Idaho. a hitch because they possess not pluto- tion’s fine records, as the ranking That is right. It is transported right nium, but knowledge. Terrorists want member of the Transportation, Infra- now. It’s stored on the surface. So what to use that knowledge to threaten our structure, and Nuclear Safety Sub- happens if we fail to set up a perma- way of life. A vote for Yucca Mountain committee, I look forward to working nent repository? We create what Sec- will make that hard for them. with the various Federal agencies to retary Abraham calls uncertainty re- What is America’s record when it ensure the proper federal role in pro- garding the ‘‘continued capability of comes to transportation of nuclear ma- viding security for nuclear waste ship- our naval operations.’’ A strong Navy terials? It is astonishingly safe. There ments. As a former mayor of Tulsa, I fuels our ability to remain a world are some people who act as if trans- will also keep in mind the critical role power. And we need a safe way to han- porting nuclear fuel will be a new thing that State and local governments must dle what is fueling our Navy. for America. The fact is that we’ve play in this process. The cold war is over. seen more than 3,000 shipments of it In an attempt to misinform and To those of us who grew up in a time over the past 40 years. In all those frighten the public, extreme environ- when we had bomb shelters in our years, there has been zero danger to mentalists have been saying that the backyards, nothing would be more wel- the environment, zero release of radio- shipment of waste would be creating come than seeing us dismantle weapons activity, and zero fatalities. thousands of ‘‘mobile Chernobyls.’’ I we no longer need. Every time I read We have seen 1.7 million miles of have already discussed, our Nation’s about the plans for turning plutonium these shipments without any release of safety record with regard to the ship- into ‘‘mixed-oxide’’ or MOX fuel, I see radioactive contents. And don’t forget: ment of nuclear materials. However, I the results of our past determination The Energy Department also accepts must mention that, until the Yucca to resist Soviet domination. used nuclear fuel from foreign research Mountain project is licensed by the Nu- But whether surplus plutonium is reactors under a non-proliferation clear Regulatory Commission, which is made into MOX fuel or another form, pact. They come in from Europe and about 10 years off, the Departments of waste is still left over. And it must go Latin America. They are brought by Energy and Transportation will not to a permanent repository. And that is train to South Carolina. And we’re designate shipping routes for nuclear not just for our own good. How can we going to do that until 2006—22,743 sepa- waste to Yucca Mountain. If anyone urge other countries to get rid of their rate used fuel assemblies. This is some- implies that they know the routes, nuclear weapons if they don’t see us thing we know how to do. Because we they are not telling the truth because doing it? We are now turning swords have done it. And we have done it ex- the decision makers of those routes into plowshares by helping Russia con- ceptionally well. will not consider routes for many vert its surplus weapons material into Will we avoid transporting waste if years. fuel for American reactors. Even the we don’t pass Yucca Mountain? Abso- As ranking member of the Transpor- by-products of this fuel, once used, will lutely not. A lot of sites are reaching tation, Infrastructure, and Nuclear need a repository. Yucca Mountain will their limits for keeping used nuclear Safety Subcommittee, I am looking provide a safe place for the materials fuel on location. 40 of them will need forward to my key role in working in weapons no longer pointed at our en- additional storage in the next 8 years. with the various federal agencies to en- emies. And it will be a powerful exam- But they don’t have the space for it. sure the safe transportation of our ple to other countries that no longer Where is that waste going to go? Sec- commercial and military nuclear need weapons pointed at us. retary Abraham put his finger on the waste. Maybe a few years back we could not issue when he testified last February. Make no mistake. A vote against conceive of terrorists making bombs ‘‘Our real choice is not between trans- Yucca Mountain is a vote against nu- out of planes and striking at the very porting or not transporting used fuel, clear power, and, thus, a vote to hurt heart of America. We can now. Make but between transporting it with as our energy, economic, and national se- no mistake. They are out there and in much planning and safety as possible, curity. our country. Yes, it is good that we are or transporting it with such organiza- I thank the Senator from Alaska for racing to put neutron flux detectors tion as the moment might invite.’’ giving me a few minutes. and gamma ray detectors at all our air- To keep that waste in 39 States is to The PRESIDING OFFICER. The Sen- ports. But terrorists don’t need to keep it at 131 locations never designed ator from Nevada. bring radioactive material into the for permanent disposal, never intended Mr. REID. Madam President, I ask United States. There is enough of it to manage this waste indefinitely. unanimous consent there be 10 minutes here. Clearly, any solution to the disposal of additional time equally divided be- And these materials—relics of the this waste requires it be transported tween Senator MURKOWSKI and the Sen- cold war—are scattered around the somewhere. ator from Nevada. country. Yucca Mountain will put this Furthermore, as skillful as America The PRESIDING OFFICER. Without material where it belongs: safe and se- is at transporting hazardous materials, objection, it is so ordered. cure 1,000 feet underground. A few days we are not the only people in the world Who yields time? back, after Jose Padilla, A.K.A. who do that well. Europe has been Mr. MURKOWSKI. Madam President, Abdullah al Muhajir, was arrested, I doing it since 1966 about as much mate- I believe we have a Senator from the saw this headline in ‘‘The Washington rial as we want to send to Yucca Moun- majority coming over. But I will take— Post: U.S. Source of Isotopes Become tain. Fatalities? Hazards from radioac- how much time may I ask is remaining Focus After Arrest.’’ Here is what the tivity? Zero. on our side, Madam President? Post said: ‘‘Of the thousands of nuclear There are those who see in this plan The PRESIDING OFFICER. There re- sources still in use, or decommissioned the heavy-handed approach of Wash- mains 111⁄2 minutes. to known storage sites, many are ington. As a former mayor of Tulsa, I Mr. MURKOWSKI. I would like to thought to be vulnerable to theft or am always very sensitive to the impor- take 10 minutes and reserve the re- black market sale.’’ That is why Yucca tance of local control. In fact, the way mainder of my time.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6485 As I indicated a few moments ago, many serious consequences if we do not that use nuclear energy. These rate- there is only one issue before the Sen- approve the resolution. The immediate payers are in virtually every State in ate, and that is the reality that we are consequence is set forth in the Nuclear the Union, including States that do not about to vote to determine whether Waste Policy Act. Section 115(b) is ex- have nuclear powerplants. Those rate- science and engineering are sufficient plicit. If the resolution is not approved payers and the States that either have for the Yucca Mountain site to be oper- within 90 days—the 90-day period for nuclear powerplants or whose citizens ated safely in compliance with EPA congressional review—such site shall pay for the use of nuclear power have a and other agency regulations in pur- be disapproved. The magic date is July contractual obligation to set in statute suing a license by the Department of 27. If this is not approved by that date, with the Federal Government to take Energy. That is the question. the site shall be disapproved. spent fuel from their sites. The ultimate transportation and Further, it does not say that the de- The last administration thought they other matters are going to be deter- cision is postponed or the decision is could avoid the problem and suggested mined by the Nuclear Regulatory Com- simply put off for some reason to be re- there was no binding requirement. The mission, which is a very competent visited at a more convenient time. It courts thought otherwise. group. But the Senate is not now decid- explicitly and without qualification If you like the idea of coming up with ing whether or how spent fuel will be says ‘‘such site shall be disapproved.’’ $60 billion or $70 billion or $80 billion of transported to a site if it is licensed There are the consequences of that taxpayer money—that is taxpayer, not and constructed. disapproval, and those consequences ratepayer money—then vote against As I indicated, the Department of are serious. At a minimum, Congress the motion to proceed. The $60 billion Transportation, the Secretary of En- will need to reconsider the previous to $80 billion would likely not be the ergy, the Nuclear Regulatory Commis- sites—Hanford in Washington, Deaf end of the toll for the taxpayer either sion, will proceed and that will take Smith County, TX—giving serious con- because, as a matter of national inter- some time. sideration by using the Hanford Res- est, we will need to find the solution, What we have today is basically two ervation as an interim site to meet our and the States will incur expenses as choices: We could follow the rec- contractual obligations to the utilities well as those associated with liability. ommendations of the Secretary of En- and deal with defense in other ways. Leaving the waste is a consideration, ergy and the President of the United We have a significant amount of de- but it is a bad idea. States—the U.S. House of Representa- fense waste already at Hanford. Instead In addition to economic issues, there tives has done its job, and the Senate of moving material from Hanford, we is the health and safety issues associ- Committee on Energy and Natural Re- might have to consider moving addi- ated with continuing to leave both sources—and allow the Secretary of tional material there for the foresee- spent fuel and high-level waste onsite. Energy to proceed and apply for a li- able future. Remember, the current site-storage for cense or we can abandon some 20 years Should Congress not act and we start the reactors is and was designed to be of work, over $7 billion invested in this process over, my guess is we will temporary. Yes, the present storage is science, in engineering, and the peer- have to go back to where we were in the safest, but it is not a permanent so- reviewed conclusions of responsible sci- 1982 when there was serious consider- lution. It is an interim solution. entists within and outside Govern- ation of granite formations in the The Chairman of the NRC has been ment, and then what do we do? We Michigan Peninsula, and elsewhere; very up front, saying that the present begin the task all over at the expense salt caverns in Mississippi and Lou- arrangement for the temporary storage of the taxpayers. isiana; granite in Vermont, and so of spent fuel at commercial reactors is That is where we are. There is no forth. Some have suggested that we use safe, and it is, as he states, a ‘‘tem- middle ground and no way to duck the Federal reservations as interim sites, issue or duck the responsibility. As we porary’’ measure. as has been proposed in the past. With Exchanging Yucca Mountain for 131 say in Alaska, it is time to fish or cut the transportation scenario, that will sites in 39 States and permanent re- bait. The Nuclear Waste Policy Act was be far more complex than that which positories scattered around the coun- deliberately and carefully crafted to has been considered to date—perhaps try is not something the Chairman rec- ensure that both the Senate and the simply leaving the spent fuel onsite in ommends nor that any other thought- House would deal with the issue. Vermont, Illinois, Maryland, Cali- ful person suggested. But that is pre- The House met its obligation by an fornia, or elsewhere. cisely what those who oppose the mo- overwhelming vote of 306 to 117. The Let there be no mistake. Because of tion to proceed are endorsing. There House agreed with the President’s deci- the statutory time constraints and the can be no other conclusion. sion and voted to allow the Secretary directives in the law, a vote against We also have the situation of utili- of Energy to proceed with the license the motion to proceed is a vote to di- ties running out of room for storage application. The Committee on Energy rect the Secretary of Energy to cease and needing to find an alternative site and Natural Resources held 3 full days all further work at Yucca Mountain if Yucca Mountain does not go forward. of hearings to examine all aspects of and close the office until Congress de- If a repository is not built, these utili- this issue, including a full day where cides otherwise. ties need to be shut down. In shutting we welcomed the State of Nevada to se- I hope my colleagues will look down the reactors, we are going to lect its witnesses who would appear in around in the Chamber because only have to look to alternative sources of opposition to the resolution. The com- Nevada—only Nevada—will not be in fuel. What are they? Coal? Oil? Nuclear mittee carefully reviewed each and the next round. is clean power. every argument raised by the State of There is an implication to the tax- As we address our concerns over Nevada, either in the Governor’s mes- payer because we have the nuclear emissions and the recognition that nu- sage or by the State representatives. waste. Aside from taking Nevada off clear provides about 20 percent of the I commend the report to the atten- the table, there are other unavoidable electric power generated in this coun- tion of my colleagues. We have that re- and unpleasant consequences of failure try, it makes a significant addition in port before us. Here it is. In a careful to face up to our responsibilities. Mem- our energy mix. Do any of the oppo- and methodical manner, this particular bers may not recall, but the cost of nents to the motion to proceed have a report discusses each and every argu- permanent storage of spent fuel is to- suggestion on how we are going to re- ment raised in the process. tally financed by ratepayers who use place that 20 percent? I guess the an- Under any impartial analysis, there the energy. The fee is collected by the swer is more fossil fuels. is no legitimate reason to object to the utilities and every one of our constitu- There is no way that this Nation will President’s decision to deny the Sec- ents who have nuclear energy as part ever approve the Kyoto targets on cli- retary the opportunity to apply for a of their energy mix have been paying mate change without nuclear power. license before the Nuclear Regulatory into the nuclear waste to pay for stor- There is no way to replace nuclear en- Commission. age. These costs do not—let me re- ergy within our electric power mix. What are the consequences if we fail peat—do not come out of the General For those of you who experienced to act? On the other hand, there are Treasury. They come from ratepayers shortages on the west coast last year,

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The truth is, toxic materials to Yucca Mountain. solution to the waste problem. leading independent scientists have We are talking about transporting If you don’t know how much of the raised troubling questions about the roughly 70,000 metric tons of deadly electric power in your State comes scientific basis for the Department of waste from nuclear facilities in 39 from nuclear, I have gone through the Energy’s recommendation regarding States across our Nation’s highways, numbers: Connecticut, 40 percent; Illi- Yucca Mountain. railways, and waterways to Yucca nois, 50 percent; California, 17 percent; A recent letter to Congress from the Mountain. No one knows exactly what Vermont, 67 percent; New York, 23 per- independent Nuclear Waste Technical routes the waste would take. But, cent; Maryland, 28 percent; Michigan, Review Board contains a warning we based on the routes the DOE used in its 18 percent; and, Georgia, 27 percent. should all pay great heed to. It warns environmental impact statement, How much waste is in those States that that—quote—‘‘the technical basis for there are 14,500 schools and 38 million needs to get out? It is thousands and DOE’s repository design is weak to people within 1 mile of a proposed nu- thousands of metric tons. moderate at this time.’’ clear waste transfer route. The PRESIDING OFFICER. The Sen- Think about that. We are being asked This is extremely dangerous mate- ator has used 10 minutes. to overturn a Governor’s veto—and rial: High-level radioactive waste. Ac- Mr. MURKOWSKI. I believe I have 1 risk public health and safety—by ap- cording to the non-partisan Environ- minute. I will conclude. I see the ma- proving a plan of ‘‘weak to moderate’’ mental Working Group: Each rail cask jority leader is seeking recognition. I technical design. That is an extraor- carrying nuclear waste, for instance, want to respect the traditions of the dinary position for the administration contains 240 times as much long-lived Senate. to take. radiation as was released by the Hiro- I will conclude with the reality that The General Accounting Office, shima bomb. A person standing 3 feet the issue before us is clear. All one has Congress’s independent watchdog agen- from an unshielded nuclear waste cask to do is read the commission report. cy, has also raised serious questions will receive a lethal dose of radiation The Committee on Energy and Natural about Yucca Mountain. Eight months in 2 minutes. Resources performed the review, as we ago, the GAO released a report that The administration has warned us re- would expect. We carefully considered questioned Secretary Abraham’s rec- peatedly that terrorists may hijack every objection raised by the State of ommendation to the President to move trucks and strike at trains. We also Nevada. We conducted 3 days of hear- ahead on Yucca Mountain despite the— know that there are security problems ings. We considered the issue in an quote—‘‘significant amount of work re- with many of our ports. By shipping open business meeting and favorably maining to be done’’ on the safety and nuclear waste on trucks and trains and reported on a bipartisan basis. We filed feasibility of the project. The GAO re- barges, we may very well be creating a comprehensive report that discusses port noted that more than 200 unre- hundreds, even thousands, of rolling every argument raised by the State of solved technical issues identified by ‘‘dirty’’ bombs. What sense does that Nevada, and why the argument is not the Nuclear Regulatory Commission make? persuasive or not relevant to the issue remain unanswered. It pointed out that Even if we are fortunate enough to before the Senate. even the Department of Energy’s own avoid terrorist attacks on shipments of I commend my colleagues, Senator contractor doesn’t think those issues radioactive waste bound for Yucca ENSIGN and Senator REID. I understand will be resolved in time to meet the Mountain, there is a serious risk of ac- why the Senators from Nevada oppose 2010 deadline. In fact, it will probably cidents in transit, which would put the resolution, but I cannot understand be years before we know definitively Americans at risk of exposure to high- why anyone else would. whether it is safe to store nuclear level radioactive waste as well. Almost Thank you, Madam President. I yield waste at Yucca Mountain. a year ago exactly, a train derailment the floor. So why are we having this vote in a Maryland incident caused a tunnel The PRESIDING OFFICER. The ma- today? fire that burned for days. Tempera- jority leader. We are being forced to decide this tures in that tunnel exceeded 1,000 de- Mr. DASCHLE. Madam President, I issue prematurely—without sufficient grees. will use my leader time to make the scientific information—because this How much radiation would have been statement I am about to make. administration is doing the bidding of released to the environment had nu- The PRESIDING OFFICER. The ma- special interests that simply want to clear waste been on that train? How jority leader is recognized. make the deadly waste they have gen- many people might have died? Mr. DASCHLE. Madam President, we erated somebody else’s problem. There is so much we don’t know should not be having this vote today. That is wrong. We ought to make about this ill-conceived project. But There are still far too many questions this decision on the basis of sound there is one thing we do know: Con- about the wisdom and safety of cre- science, not pressure from the energy trary to what the special interests ating a national nuclear waste dump at industry. claim, even if the Senate votes today Yucca Mountain for anyone to be able Two weeks ago, a mild earthquake to override Governor Guinn’s veto, cre- to cast an informed, responsible vote shook Yucca Mountain. What would ating a national nuclear dump in Ne- on this matter. But we are here. happen to nuclear waste buried be- vada will not solve America’s nuclear We are here because the Bush admin- neath Yucca Mountain when the next waste storage problem. That is because istration and some of its allies in Con- earthquake hits? And we know there the site isn’t big enough. America pro- gress—and in the energy industry—are will be another. Will the radioactive duces far more nuclear waste than can determined to exploit unique rules that waste leak? Will it contaminate the be buried at Yucca Mountain. So be- were written 20 years ago and apply soil? The groundwater? We don’t know. ware if you are thinking of voting for only to this bill. The decision we make will have con- this proposal. This time, the nuclear I can’t help but think how ironic it is sequences that will last for tens of waste may be passing through your that less than a week after America thousands of years. We owe it to the State. Next time, your State may be celebrated the genius of our Founders, American people—and to future gen- where the special interests want to who intended this Senate to be the erations of Americans who haven’t bury their radioactive trash. world’s most deliberative body, we are been born yet—to wait until we have If we let them do it this time—with- being forced to vote on a matter of real answers. Yucca Mountain is less out sufficient scientific proof that it is such grave importance before we can than 75 miles from Las Vegas, the fast- safe—think how much easier it will be have an informed, honest debate. est-growing metro area in the country. the next time. Even more troubling than the break But it is not just Nevadans who are During his campaign, President Bush this vote represents with our past, is potentially in harm’s way. Serious promised Americans that if he were the threat it poses to America’s future. questions have also been raised not elected, he would support regulations

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6487 requiring energy companies to reduce I am still dumbfounded to hear peo- with meeting the power needs that go their emissions of carbon dioxide, a ple express concerns about how it can with the economic growth. compound that nearly all scientists be moved, how it can be stored. Sen- If we don’t proceed, do we go back to agree is causing global warming. When ator MURKOWSKI and a bipartisan dele- the beginning? Do we debate again the the time came to follow through on gation took a look 10 years ago at how repository siting and reexamine all the that promise, the President reneged. Sweden, France, and the Japanese have feasibilities of other sites such as the At a stop in Las Vegas during the dealt with this problem. Yet in Amer- Hanford Reservation or the Michigan campaign, Vice President CHENEY said ica we have not been able to come to Peninsula. Where would it be? What a Bush administration would not mus- grips with our future needs and how we would we do? cle this project through. He promised are going to deal with the problem. Also, we would have to consider ex- that the final decision would be based We should not overexaggerate what isting Federal reservations such as on sound science. Now, at the urging of this decision today will do. The Senate Hanford and Savannah River. The com- the energy industry, the administra- today will decide very simply whether plications that would be caused and the tion has reneged on that promise, too. to permit the Secretary of Energy to irresponsible consequences of not They are pushing us to make this deci- apply for a license to operate a reposi- agreeing to the motion to proceed sion prematurely, at grave potential tory at Yucca Mountain. It is not the today are almost incomprehensible. risk to this Nation. end of the process. It is the very begin- There has been a lot of discussion There is no reason we have to make ning. I know from experience we are about transportation, moving this a final decision today. Scientists at the going to look at this issue every year, waste around the country. How can we Nuclear Regulatory Commission have congressionally, as we should, because deal with it? Certainly, getting this assured us that the nuclear waste can funds will have to be used as we go waste moved to a single repository stay where is it for 100 years—safe in through the process. Senators from where we could have very strong secu- dry cask storage—without posing any across the country are going to want to rity is much better than what we have additional risk to public health and know what is happening, how it is now with all of these sites in 39 States safety. It is premature, dangerous, and going. This is just to begin the impor- that are sitting there reaching their reckless to force a vote on this ques- tant part of the process. limits and exposed. It would be much tion today. We have more than enough We should not abandon all these easier certainly to guarantee the secu- time to make an informed, responsible years of effort. That is what would hap- rity in a single place. decision about Yucca Mountain. The pen. If we don’t pass this motion to I have also taken the time to look at question is: Will we have the courage proceed, vote yes on it, I don’t know how this transportation is handled. to take that time? how we go forward. We will have wast- These moving devices are very secure. For the sake of all Americans—in- ed years and billions of dollars in re- You wouldn’t believe all the effort that cluding those who will be born genera- search and effort. goes into making sure they won’t be In addition, there is a tremendous tions from now—I hope the answer is exposed to any kind of accident. To my problem with the exposure the Govern- yes. knowledge, there has never been one ment would have as a result. If we I urge my colleagues to vote against that has caused a problem. don’t go forward, our Federal Govern- this proposal. We risk no harm by wait- When you look at what we have done ment could face billions of dollars in li- ing for the scientists to finish their to paint this dire picture of what might ability for breach of contractual obli- work. We risk catastrophic harm by re- happen, the truth is, the picture of gations. Remember this: If we don’t fusing to wait. what will happen if we don’t take this I yield the floor. proceed, a lot of companies are going action now, after all this time, all this The PRESIDING OFFICER. The Re- to start entering into private con- money, all this effort, all this science— publican leader. tracts. They will start making arrange- I don’t know where we go from here. It Mr. LOTT. Madam President, par- ments for other types of repositories, all boils down to this vote for 39 liamentary inquiry: How much time re- probably not as safe, not as well States, including my State. If not now, mains on each side at this point? thought out, not based on as much when in the world are we going to do The PRESIDING OFFICER. The Sen- science, and also still having to be it? And if not in this way, if not in this ator from Alaska has no time remain- moved. When you look at various place, where? There are a lot of Sen- ing. The Senator from Nevada has 271⁄2 States and where their nuclear waste is ators who would have to begin to be minutes remaining. and its condition, you see that some- very nervous about a whole reevalua- Mr. LOTT. Madam President, I will thing is going to happen. Having a re- tion process and what it would mean to use my leader time. I realize Senators pository that we have studied so much their sites. are expecting to vote on or around 6 and that will be so secure is better I understand the Senators from Ne- o’clock. I hope we will be able to do than the alternative of the liability to vada. They have made a valiant effort. that. which we would be exposed and what They feel so strongly about it. I under- In that vein, I will not speak too then would begin to happen all over the stand that. But I think the Senate is long, but I have to rise to urge my col- country. leagues to vote yes on the motion to We should not jeopardize our only re- committed to working with them to proceed. That is the vote. That will be alistic means of meeting global climate make sure that as we move forward, it the only vote today. This is not some- concerns by cutting back 20 percent of is based on good science and also that thing that is new. This is not a pro- clean electric power that is supplied by we do it in the most secure fashion. posal that we are rushing into. In fact, these nuclear reactors. As a matter of Let me again urge that we vote yes the entire time I have been in the Sen- fact, I am hoping we will have some and that we do it within the next few ate, and 6 years when I was in the more nuclear reactors activated in the minutes. House, this process has been under Tennessee Valley Authority region. I yield the floor. way. It is 20 years that this has been in Clearly, there is a way that could be The PRESIDING OFFICER. The Sen- the making. Nobody is being surprised. done, and there are some nearly com- ator from Nevada. Nobody is being rammed. There are not pleted reactors that could be put back Mr. REID. Madam President, the going to be any dangers. on line. It would help us with our en- Senator from Nevada talked about This is a part of a very long, thought- ergy needs as we move toward an ever courage. I yield 5 minutes to one of the ful process based on science. Twenty growing economy. If you are going to most courageous legislators we have years and $8 billion have already been have economic growth, you have to had. She showed that courage in the expended. This is something we must have power. I have just visited some House of Representatives and now in do. Nuclear power is an important part other countries that have seen real the Senate. of our overall energy needs. It provides growth, and one of the concerns they The PRESIDING OFFICER. The Sen- clean, efficient power. We need to in- have—a country such as Ireland—is ator from Washington. clude that in our diverse package of that growth. They have new compa- Ms. CANTWELL. Madam President, I power production. nies, but they are struggling to keep up rise today in opposition to the motion

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6488 CONGRESSIONAL RECORD — SENATE July 9, 2002 to proceed to the Yucca Mountain reso- Washington state’s Hanford Nuclear Res- agencies to make sure the Department lution authorizing DOE to move for- ervation, remember, was very close to being of Energy lives up to its responsibil- ward with the siting of a national nu- chosen for this ugliest of graveyards. We ities. But these are complex problems. clear waste repository at Yucca Moun- didn’t want it any more than the citizens of So the fact that DOE hasn’t answered Nevada do. tain, Nevada. Washington state has done its share for the all the questions about Yucca Moun- Washington State is home to the country in producing and enduring these tain on the technical side and on the Hanford Nuclear Reservation, the most dangerous wastes and waiting for bureau- environmental side before proceeding contaminated site in this country. My crats and politicians to recognize the envi- puts a question in my mind: Why do we constituents have a very keen interest ronmental threat with which we’ve been sad- have to execute today? Why do we have in the development of a comprehensive, dled. to move forward today? scientifically-driven national nuclear Washington was able to escape doing even Even the GAO, in its recent report, waste policy. Unfortunately, I don’t be- more to rid the world of the nuclear-waste says that there was no way that the lieve this proposal, the Yucca Moun- monster. So this state cannt be party to sacrificing questions left to be answered at Yucca tain policy, represents the needs of the health of Nevada and its residents be- can be answered in the timeframe that Washington State. As far as I can tell, cause we want to get rid of the wastes piled the original Nuclear Waste Policy Act it is neither a comprehensive solution up within our borders. envisioned So, basically, we are saying to the fact that we have 54 million gal- We owe Nevada—even more, probably, than we will approve this site without con- lons of tank waste now stored at Han- other states do. clusively addressing some 293, I be- ford, nor was the decision to rec- Washington doesn’t necessarily need to lieve, different technical questions join Nevada in opposing the respository. But ommend the site at Yucca Mountain that are still out there. driven by a preponderance of scientific we and our congressional delegation should be involved. We should insist that the De- As the GAO stated in its December evidence. partment of Energy, the Environmental Pro- 2001 report: This proposal, as billed, is supposed tection Agency and the Nuclear Regulatory On the basis of information we reviewed, to be a long-term, comprehensive solu- Commission make certain that this reposi- DOE will not be able to submit an acceptable tion for our nation’s nuclear waste, yet tory is as safe as we would want it to be if application to the NRC within the express it would leave as much as 87 percent of the waste were coming to Hanford. statutory time frames . . . the high-level nuclear tank waste in The repository is supposed to separate The GAO also criticized the lack of reliable my State. That is right. Under the De- high-level nuclear waste from the human cost estimates for Yucca Mountain. How partment of Energy’s plan, as outlined race for 10 centuries. much will American taxpayers spend on this in its Environmental Impact State- We’ve spent $7 billion studying Yucca proposal, with so many outstanding tech- ment, only 13 percent of the waste from Mountain, and for several years, it’s been the nical uncertainties? No one really knows, only place under consideration. This has put but likely over $100 billion. That’s why this Washington State’s underground tanks a lot of heat on the EPA, DOE and the NCR proposal is opposed by so many taxpayer would move to Yucca Mountain. Only to lower or change standards to make sure groups. 19 percent of all of Hanford’s defense- the Nevada site makes the grade. Madam President, my State, more related waste would move. And that’s That just adds to the need for the Senate than any, wants a real solution to our to say nothing about the increase in to be cautious about signing on to this plan. nation’s nuclear waste problem. But the total amount of commercial nu- It can’t be Yucca Mountain for the sake of more than anywhere else, my State clear waste within our borders. getting something—anything—done about There are capacity issues, as is ad- nuclear waste. Expedient is not good enough also knows that that these solutions mitted in the EIS. Yucca Mountain when the decision will have consequences for must be based on sound science and thousands and thousands of years. technology, and that the people de- will, by statute, only be able to take up There can be no certainty when the to 70,000 metric tons of heavy metal. serve real answers and not a plan that timeline is unimaginably long and the mate- will do little to nothing for moving And by the time the Yucca Mountain rial unimaginably ugly. waste out of our State. So when the proposed site is open, Washington Ms. CANTWELL. So why doesn’t the State will already have 150-percent DOE leaves so many questions unan- ‘‘trust us’’ answer work for us when it swered and rushes to judgment, I am more commercial nuclear waste than comes to nuclear waste—when it comes we have today. So where is the waste skeptical. to trusting the Department of Energy? To quote another article in the Se- in Washington State going to go? Washington State has had to fight and The Seattle PI recently ran an edi- attle Post-Intelligencer, ‘‘Cart before battle hard. By some estimates, we torial, ‘‘Yucca Mountain Must Meet horse at Yucca,’’ it said: have already spent some $35 billion on Rigorous Standards,’’ that talked Been there, heard those empty promises Hanford cleanup—without producing a about how we had created a monster in about sure-bet technological fixes for the single log of vitrified waste from those the amount of nuclear waste in this past 50 years. That approach hasn’t produced underground tanks that are leaking in country and asked what we are going a disposal solution so far, and there’s no rea- my State. We will also spend another son to rely on that failed strategy now. to do about it. I ask unanimous con- $50 billion, according to estimates, to sent to print that in the RECORD. We need more specific answers on There being no objection, the edi- finish the job, and we are banking on every aspect of the Yucca Mountain torial ordered to be printed in the the development of new technologies plan—on transportation, technology, RECORD, as follows: that have never been used in projects and most importantly, from the State [From the Seattle Post-Intelligencer, July 8, of this magnitude. Meanwhile, we are of Washington: Where is the rest of the 2002] spending an average of about $5.1 mil- 87 percent of our tank waste going to YUCCA MOUNTAIN MUST MEET RIGOROUS lion per day on this effort. go? The Yucca Mountain proposal fails STANDARDS Since starting this project, we have to provide that answer. This country, in this century, has created had lots of stops and starts. In 1958, we I yield the floor. a monster that likely will live for hundreds tried converting our nuclear tank The PRESIDING OFFICER. The Sen- of thousands of years. Long, long after we waste to ceramic forms. We tried again ator from Nevada is recognized. are gone, Americans will look back at the later in the 1980s, to turn the tank Mr. REID. I yield 1 minute to the summer of 2002 to see how carefully we waste into grout. That plan didn’t Senator from Missouri, Senator CARNA- tamed the monster. So imagine the pressure on the U.S. Senate work, and it was abandoned. HAN. this week as it must decide whether to de- Then, in 1998, DOE tried to privatize The PRESIDING OFFICER. Senator clare Yucca Mountain in Nevada the perma- the construction of the vitrification from Missouri is recognized. nent repository for this nation’s most dan- plant. That didn’t work either. After a Mrs. CARNAHAN. Madam President, gerous nuclear waste. series of cost overruns, DOE fired the for the RECORD, I want to correct the Maybe Yucca Mountain should become the contractor and we moved on to the statement made earlier regarding the final resting place for this radioactive next phase. shipment of nuclear waste or spent fuel Frankenstein. But Americans, and especially citizens of Washington state, should be very So we in Washington State know how through Missouri. sure that the site meets the highest stand- hard this process can be. That is why The Senator from Alaska stated that ards for effectiveness and safety before it is we have a tri-party agreement with the ‘‘there is no proposed existing trans- officially designated. Federal Government and our State portation route that will be taking the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6489 waste through Missouri.’’ He also said eral Accounting Office said there is 292 a policy point of view the country is at a that ‘‘there is no logic to suggest that scientific investigative reports that are stalemate and confronting imminent dis- there would be movement of waste not completed. aster. We do have the capacity to store the Those independent scientists and an- material safely for decades. through the State of Missouri.’’ These There has been talk today on several occa- are simply untrue statements. alysts include the Nuclear Waste Tech- sions that these sites are filling up; as a re- In fact, a shipment of foreign re- nical Review Board, General Account- sult, we are going to have to move to un- search reactor spent fuel was shipped ing Office, a former NRC commis- regulated private storage facilities. That’s through Missouri on I–70 in June 2001. sioner, and other independent sci- another lie, because these private facilities The Department of Energy has three entists. still have to be approved by the Nuclear Reg- highway routes selected for cross-coun- Let’s look at some of the myths of ulatory Commission. try shipments of this spent fuel that this ad: I repeat, outside of Washington and we take back from foreign countries. It is right for the environment. New York, people realize how flawed I have the map right here. I got it Now, that is a joke. It is right for the this is. It certainly is the wrong way to from the Department of Energy. Two of environment? Every environmental go. the three routes go directly across Mis- group in America opposes Yucca Moun- The Department of Energy has been souri. This map—not the one used on tain. There’s your answer. The trans- saying we need to have Yucca Moun- the floor by the Senator from Alaska— portation of it scares them. The Sen- tain to consolidate all the waste that is is a much better predictor for the po- ator from Oklahoma came and said sitting in existing nuclear facilities. If tential routes for the spent fuel that ‘‘why are they scaring people?’’ Let’s there were ever a big lie, that is it. I will be shipped cross-country to Yucca think about this a minute. The pro- have had Senators who support this posed route that goes through Okla- Mountain because it is currently used come here all day today saying: What homa was just the scene of a horrible for very similar nuclear waste. we need is one site. That is what this is These are the facts. I wanted the accident, where a barge hit a bridge all about. Every State one looks at, we and 23 cars were knocked into the RECORD to be clear for the people of will find they do not gain anything. water and it killed 13 people. Missouri. None of them are getting rid of nuclear I don’t think that is scaring people. I Mr. REID. Mr. President, how much waste. think it is a scary fact. So it is good time does the Senator from Nevada We can run through all these places for the environment? That has to be a have remaining? across America. When it is all over, big laugh. Every environmental group The PRESIDING OFFICER. Twenty Browns Ferry in Alabama will have 107 in America opposes this. ‘‘It has bipar- minutes. percent of the nuclear waste they have tisan support’’? The PTA, the national Mr. REID. Madam President, I know right now, and we can go on down the Parent Teachers Association, opposes there are people in the audience all list; 168 percent in Pennsylvania; 140 this. The National Education Associa- around here who are being paid lots of percent in South Carolina. There is one tion and the Farm Bureau, because of money. They are coming here to see that is 306 percent. That is in Virginia. the water situation, oppose this, along what is going to happen. They are There is one here for 380 percent. They with the U.S. Conference of Mayors. As being paid lots of money. They drive will have 380 percent more nuclear is already in the RECORD from the Sen- here in limousines and have Gucci waste than when they started. ator from California, hundreds of envi- shoes and nice suits. It is interesting to This is the big lie, that they are ronmental groups and other organiza- going to get rid of the nuclear waste all know that in the places where they tions in America oppose this. work, Washington and New York, they around the country and have one place It is right for the environment? where there is nuclear waste. That is have editorials supporting this bad sit- Afraid not. ‘‘It is right for consumers’’? uation, trying to ship Yucca Mountain simply not true. It will not happen. Joan Claybrook, who spent hours out They are going to wind up with more waste on our highways, railways, and in the reception room earlier today, is our waterways. nuclear waste. the epitome of what consumers are A simple statement of fact: They can In this morning’s paper, it says the about in America, and her group op- move at the most 3,000 tons a year. Senate should pass the Yucca Moun- poses it. They will generate more than 2,000 tain bill now. This is part of the Right for consumers? If this boon- tons a year, and they have 46,000 tons unending stream of money. That is doggle goes through, it will cost the stored, and Yucca can only hold 77,000 what this is all about—money, lots of American taxpayers approximately tons. It does not take a mathematician money; money to run newspaper ads; $100 billion. The Department of Energy to figure out that we are not going to unlimited vacations to Las Vegas to itself acknowledges they will spend $69 get rid of the nuclear waste stored look at Yucca Mountain for 2 hours billion, but they low-ball everything where it is. and spend three days being wined and and come back to Congress for more Some of my colleagues have said the dined in Las Vegas; unlimited dollars money. How can that be right for hard- Nuclear Waste Technical Review Board to send representatives to Capitol Hill. working American families. really has not said how bad this is. I know how this works. The State of ‘‘It is time for action’’? Afraid not. They have said it as clearly as one can. Nevada had a few dollars and we want- But this is the Gucci crowd. They paid An important conclusion in the board’s ed to hire a lobbyist, but we could not for this. They do it in New York and in January letter is: find one. They were all hired by the Washington where they get the good When DOE’s technical and scientific work Nuclear Energy Institute. We could not editorials. They don’t get the good edi- is taken as a whole the Board’s view is that hire them. They had conflicts of inter- torials in other places because they the technical basis for the DOE’s repository est. So all you people here, just bill ev- have not been able to weave their web performance is weak to moderate. . . . erybody, feel good about it; you are of money. They go on to say: perpetrating a travesty on the people That is what this is all about. As the While no individual technical or scientific of this country. Senator from California indicated factor has been identified that would auto- We know that the information in this today, 261 groups make up the Nuclear matically eliminate Yucca Mountain from ad from the Washington Post are Energy Institute. These are the same consideration at this point, the Board has myths. The law requires Senate action. groups that our Vice President met limited confidence generated by DOE’s per- That is not true, as has been indicated with secretly. Now he won’t tell us formance market. by the majority leader and everybody anything about those meetings. We are in the midst of a crisis in this else. It is not true. The chairman of the Let’s see what USA Today said. They country. The stock market has plum- Nuclear Regulatory Commission said said there is no good reason to move meted. People have lost confidence in less than a month ago that if it didn’t forward with this project. The view is corporate America. Today, we should go forward now, no big deal, it is safe best summarized by comments of the be working to fix those problems, not where it is. Chairman of the Nuclear Regulatory create another disaster for the Amer- Well, this argument that Yucca needs Commission where he said: ican people to help out big corpora- to happen is a big crock of potato soup. If Yucca Mountain was to fail because of tions. That is what this is about. Cor- The fact of the matter is that the Gen- congressional action, it does not mean from porate America is driving this decision.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6490 CONGRESSIONAL RECORD — SENATE July 9, 2002 That is really too bad, Madam Presi- States, I am sorry to say. If he told the Sarbanes Stabenow Wellstone dent. It is really too bad. truth about Yucca Mountain, he would Schumer Torricelli Wyden I extend my appreciation publicly to not be President. He would have lost by NOT VOTING—1 my friend from Nevada. Senator EN- four electoral votes and would have Helms SIGN has worked very hard on this. He lost the Presidency of the United The motion was agreed to. has done good work. Senator ENSIGN States. Mr. CRAIG. Madam President, I has done an outstanding job talking I say to my friend, the ranking mem- move to reconsider the vote. with every member of the minority. I ber of the committee, Senator MUR- The PRESIDING OFFICER. That mo- am very happy with the work he has KOWSKI, he and I have had a lot of bat- tion is not in order. done. I publicly congratulate him for tles on the Senate floor. I have the Under the previous order, the Senate the work he has done. greatest respect for him. He has been a will proceed to the consideration of I have been tremendously impressed gentleman and always fair to me, and H.J. Res 87, which the clerk will report with the fact he has not in any way although we disagree on policy issues, I by title. backed off, even though some say it is cannot say enough about him being the The assistant legislative clerk read unpopular for him to oppose the Presi- type of legislator I think we should as follows: dent of the United States. have. A joint resolution (H.J. Res. 87) approving Let me read a poem by Robert Frost I urge my colleagues one more time the site at Yucca Mountain, Nevada, for the to close this debate: to take the road less travelled and pro- development of a repository for the disposal Two roads diverged in a yellow wood, tect people in the country, their states of high-level radioactive waste and spent nu- And sorry I could not travel both and Nevada. clear fuel, pursuant to the Nuclear Waste And be one traveller, long I stood I yield the floor and ask for the yeas Policy Act of 1982. And looked down one as far as I could and nays. The PRESIDING OFFICER. Under To where it bend in the undergrowth; The PRESIDING OFFICER (Ms. the previous order, the clerk will read Then took the other, as just as fair, CANTWELL.) Is there a sufficient sec- H.J. Res 87 for the third time. And having perhaps the better claim, The joint resolution was read the Because it was grassy and wanted wear; ond? There appears to be a sufficient sec- third time. Though as for that the passing there The PRESIDING OFFICER. The joint Had worn them really about the same, ond. The PRESIDING OFFICER. The Sen- resolution having been read the third And both that morning equally lay time, the question occurs on passage of In leaves no step had trodden black. ator from Nevada has 6 minutes re- Oh, I kept the first for another day! maining. the resolution. The joint resolution (H.J. Res. 87) Yet knowing how way leads on to way, Mr. REID. I yield back my time. I doubted if I should ever come back. was passed. The PRESIDING OFFICER. The Mr. CRAIG. Mr. President, I move to I shall be telling this with a sigh question is on agreeing to the motion Somewhere ages and ages hence: reconsider the vote. to proceed to S.J. Res. 34. The clerk Mr. MURKOWSKI. I move to lay that Two roads diverged in a wood, and I— will call the roll. I took the one less travelled by, motion on the table. And that has made all the difference. The legislative clerk called the roll. The motion to lay on the table was Mr. NICKLES. I announce that the Madam President, Senators are being agreed to. Senator from North Carolina (Mr. called upon to take that less traveled Mr. REID. I ask unanimous consent HELMS) is necessarily absent. road because it is going to make a dif- S.J. Res. 34 be returned to the cal- ference. I further announce that if present endar. Yucca Mountain is a bad project. We and voting the Senator from North The PRESIDING OFFICER. Without cannot transport nuclear waste safely. Carolina (Mr. HELMS) would vote objection, it is so ordered. We know that. Nuclear waste is subject ‘‘yea.’’ Mr. BYRD. Mr. President, I am con- to terrorist attack. We are talking The PRESIDING OFFICER. Are there cerned that many geological and tech- about tens of thousands of truckloads any other Senators in the Chamber de- nical questions associated with the and thousands and thousands of train- siring to vote? Yucca Mountain plan have yet to be loads, and now they told us they are The result was announced—yeas 60, answered. We must ensure the safe going to move waste on barges. This is nays 39, as follows: keeping of this waste material for a road that should not be traveled, [Rollcall Vote No. 167 Leg.] 10,000 years—a period of time longer even though some people want to go YEAS—60 than the written history of mankind. down that road. Allard Graham Miller Therefore, there must be certainty I say let’s take the road that makes Allen Gramm Murkowski that the Yucca Mountain site ensures Bennett Grassley Murray protection of the environment and the all the difference. It is the right thing Bingaman Gregg Nelson (FL) to do. Bond Hagel Nelson (NE) safety of citizens. At this point, such In the years to come, as indicated in Brownback Hatch Nickles certainty does not exist. the Seattle Post Intelligencer, people Bunning Hollings Roberts What we do not yet know about Burns Hutchinson Santorum Yucca Mountain and its suitability as are going to ask: Why did they do that? Cleland Hutchison Sessions There is no reason to do it. Chairman Cochran Inhofe Shelby a long-term repository gives me great Meserve has said: Collins Kohl Smith (NH) concern. For instance, how safe is it to Craig Kyl Smith (OR) house such a great volume of nuclear If Yucca Mountain were to fail because of Crapo Landrieu Snowe congressional action, that does not mean all DeWine Leahy Specter waste at a site that lies along a natural of a sudden from a policy point of view that Domenici Levin Stevens fault line? Can a facility be built to the country is at a stalemate and is con- Durbin Lincoln Thomas withstand a major earthquake? There fronting imminent disaster. Edwards Lott Thompson have not been sufficient answers to Enzi Lugar Thurmond That is true. But corporate interests Fitzgerald McCain Voinovich these and other questions. Many sci- are pushing this. In fact, we should be Frist McConnell Warner entific studies have reached the same talking about legislation to address NAYS—39 conclusion, namely that more research these problems with corporate Amer- is needed before moving forward with Akaka Clinton Jeffords ican right now. We should be working a Baucus Conrad Johnson the Yucca Mountain site. Despite the bill reduce the power of corporate Bayh Corzine Kennedy incomplete scientific study of Yucca America with which this administra- Biden Daschle Kerry Mountain and the state of Nevada’s Boxer Dayton Lieberman tion has been in bed. The only person Breaux Dodd steadfast opposition to the project, the who could have stopped this corporate Mikulski nuclear energy industry and other par- Byrd Dorgan Reed abuse today, it appears, is the Presi- Campbell Ensign Reid ties are said to have pressured the Sec- Cantwell Feingold dent of the United States. He misled Rockefeller retary of Energy to recommend that Carnahan Feinstein the people of Nevada. That is the rea- Carper Harkin Yucca Mountain is a suitable site for son he is President of the United Chafee Inouye the repository.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6491 If Yucca Mountain is designated the pany Accounting Oversight Board, to en- tion this week to ensure that corpora- primary repository for high-level nu- hance the standard setting process for ac- tions are made accountable and that clear waste, transportation of this haz- counting practices, to strengthen the inde- workers and investors are protected ardous material throughout the coun- pendence of firms that audit public compa- against these abuses. nies, to increase corporate responsibility and try will increase significantly. How- the usefulness of corporate financial disclo- The Leahy amendment, which my ever, to date, the Department of En- sure, to protect the objectivity and inde- Republican colleagues seek to block, ergy has not decided upon any plan on pendence of securities analysts, to improve was unanimously approved by the Judi- how to move this material to the re- Securities and Exchange Commission re- ciary Committee in April. It includes pository. It is another in a long line of sources and oversight, and for other pur- critical measures to strengthen the uncertainty surrounding the Yucca poses. ability of Federal prosecutors to de- Mountain proposal. How will the mate- Mr. SARBANES. What is now pend- tect, prevent, and prosecute corporate rial be moved? By train? By barge? By ing before the Senate? fraud. It makes acts of document truck? What kind of security will be in- The PRESIDING OFFICER. The Mil- shredding and corporate fraud punish- volved? There is not a single answer to ler amendment, No. 4176. able by 10 years in prison. It lengthens any of these questions. Congress needs Mr. SARBANES. I ask for the regular the statute of limitations for victims those answers before signing off on this order. of security fraud. plan. Mr. GRAMM. May we have order, Finally, the bill directs the U.S. Sen- We need a long-term solution to the Madam President. tencing Commission to review criminal problem of securing nuclear waste, and The PRESIDING OFFICER. Members penalties for obstruction of justice and Yucca Mountain may ultimately prove will take their conversations off the corporate fraud. to be a scientifically sound solution. floor of the Senate. Today, Americans are outraged by But before we make a final decision on Mr. SARBANES. There is a proce- the endless corporate scandals, and a repository which must have a 10,000- dural question following the Miller Congress must act to hold corporate year life span, we must have absolute amendment. We have been discussing crooks fully accountable and to restore certainty of the suitability of Yucca that. We may be able to resolve it, but confidence in our markets. Mountain. The safety of citizens for we need to do that overnight. Defeating the ‘‘poison pill’’ amend- thousands of years to come depends on I call for the regular order which, as ment offered by Senator MCCONNELL is our prudence and careful deliberation. I understand it, would take us back to the first step toward that goal. Senator With these concerns in mind, I voted the Leahy amendment, with the MCCONNELL’s amendment would put against this proposal. McConnell amendment pending to America’s workers in double jeopardy. Mr. MURKOWSKI. Madam President, Leahy? The amendment puts new requirements let me recognize the action by the Sen- The PRESIDING OFFICER. The Sen- on workers’ representatives, despite ate and thank those who participated ator is correct. the fact that these officials currently in the debate, and Senator REID, Sen- Mr. SARBANES. I call for the reg- face disclosure and reporting require- ator ENSIGN. I certainly understand ular order. ments which surpass those of public and appreciate the position they have AMENDMENT NO. 4175 companies. taken. I thought the discussion and The PRESIDING OFFICER. The This amendment would subject small presentation throughout the debate amendment is now pending. The Sen- local unions with annual receipts of was certainly evidence of their concern ator from Massachusetts. only $200,000, which are already subject for the State of Nevada. Mr. LEAHY. Will the Senator yield to labor reporting requirements, to the On the other hand, this has been with for a question? We are on, am I correct, same SEC reporting requirements as us for a long time, 20 years. I think the the Leahy amendment which was pend- large public companies which typically Senate has acted responsibly today. ing to it the McConnell amendment? have resources in the millions. Let me thank certain staff members The PRESIDING OFFICER. That is The reality is that union finances are who have done a great deal of work. I correct. already more heavily regulated than will be very brief: Colleen Deegan, Jen- Mr. LEAHY. I thank the Senator those of most public companies. The nifer Owen, Brian Malnak, Josh from Massachusetts. Department of Labor under current law Bowlen, Macy Bell, Jim Beirne, our The PRESIDING OFFICER. The Sen- can investigate and audit union finan- chart man, Joe Brenckle; and on the ator from Massachusetts. cial records at any time, including con- majority: Sam Fowler, Bob Simon, and Mr. KENNEDY. As I understand it, ducting random audits. There is no of course Senator BINGAMAN. the matter before the Senate now is comparable requirement for public Many others worked so diligently. the McConnell amendment; am I cor- companies today. We want to thank those in the industry rect? There are many other examples of who assisted in bringing this matter to The PRESIDING OFFICER. That is current labor laws requiring much the attention of all Members, encour- correct. stricter disclosure by unions than the aging that we act in a prudent manner, Mr. KENNEDY. Madam President, SEC requires of publicly traded compa- with dispatch. I most appreciate the this amendment of the Senator from nies. Unions have to list every em- two leaders who are recognizing that Kentucky is what we call around here ployee who receives more than $10,000. we can take the time today to dispose and everywhere a poison pill amend- But the SEC does not require this of of this matter. ment intended to prevent serious ac- companies. Unions have to provide I yield the floor. tion on corporate accountability. Just more detailed information regarding The PRESIDING OFFICER. What is as a few Republicans sought to stop their loans than do public companies the will of the Senate? campaign finance reform with similar under SEC requirements. Unions have Mr. SARBANES. Parliamentary in- amendments, now they are trying to to provide more detailed lists of their quiry: What is the pending business? block action to make executives ac- investment today than do public com- countable. The lack of corporate re- f panies under the SEC requirements. sponsibility in the United States has The list goes on and on and on. PUBLIC COMPANY ACCOUNTING undermined the credibility of our mar- For over 40 years under labor laws, REFORM AND INVESTOR PRO- kets and devastated the retirement union officials have been required to TECTION ACT OF 2002—Continued savings of millions of Americans. certify the annual financial reporting The PRESIDING OFFICER. The This widespread abuse of corporate of their unions under penalty of per- clerk will report the pending business. power has jeopardized our Nation’s eco- jury. The assistant legislative clerk read nomic recovery and hurt the legit- The McConnell amendment certifi- as follows: imacy of our fundamental institutions. cation requirement ignores the safe- A bill (S. 2673) to improve quality and We must not call for the obstruc- guards that already exist under our transparency in financial reporting and inde- tionism of Senate Republicans. In- labor laws. Union officials are already pendent audits and accounting services for stead, we must heed the call of the subject to criminal penalties, which in- public companies, to create a Public Com- American people and insist on bold ac- clude jail time for willfully failing to

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