Regulation of spent nuclear fuel shipment: A state perspective
In 1985, the Wisconsin Department of Natural Resources (WDNR) sought to regulate rail shipments of spent nuclear fuel through the state, because federal regulations did not adequately protect the environmentally sensitive corridor along the route of the shipments. A state interagency working group identified five serious deficiencies in overall federal regulatory scheme: 1) failure to consider the safety or environmental risks associated with selected routes; 2) abscence of route-specific emergency response planning; 3) failure of the NRC to regulate the carrier of spent nuclear fuel or consider its safety record; 4) abscence of requirements for determination of need for, or the propriety of, specific shipments of spent nuclear fuel; and 5) the lack of any opportunity for meaningful public participation with respect to the decision to transport spent nuclear fuel. Pursuant to Wisconsin's hazardous substance statutes, the WDNR issues an order requiring the utility to file a spill prevention and mitigation plan or cease shipping through Wisconsin. A state trial court judge upheld the utility's challenge to Wisconsin's spill plan requirements, based on federal preemption of state authority. The state is now proposing federal legislation which would require: 1) NRC determination of need prior to approval of offsite shipment of spent fuel by the licensees; 2) NRC assessment of the potential environmental impacts of shipments along the proposed route, and comparative evaluation of alternative modes and routes; and 3) NRC approval of a route-specific emergency response and mitigation plan, including local training and periodic exercises. Additionally, the proposed legislation would authorize States and Indian Tribes to establish regulatory programs providing for permits, inspection, contingency plans for monitoring, containments, cleanup and decontamination, surveillance, enforcement and reasonable fees. 15 refs.
- Research Organization:
- Wisconsin Radioactive Waste Review Board, Madison (USA); Wisconsin Dept. of Justice, Madison (USA); Wisconsin Dept. of Natural Resources, Madison (USA)
- DOE Contract Number:
- FG02-83NE44347
- OSTI ID:
- 6900263
- Report Number(s):
- CONF-870306-76; ON: DE88014799
- Resource Relation:
- Conference: Waste management '87, Tucson, AZ, USA, 1 Mar 1987; Other Information: Portions of this document are illegible in microfiche products
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
11 NUCLEAR FUEL CYCLE AND FUEL MATERIALS
29 ENERGY PLANNING
POLICY AND ECONOMY
HIGH-LEVEL RADIOACTIVE WASTES
TRANSPORT
COMPLIANCE
DECISION MAKING
EMERGENCY PLANS
ENVIRONMENTAL IMPACTS
EVALUATION
FORECASTING
HEALTH HAZARDS
REGULATIONS
SPENT FUELS
US NRC
WISCONSIN
ENERGY SOURCES
FEDERAL REGION V
FUELS
HAZARDS
MATERIALS
NATIONAL ORGANIZATIONS
NORTH AMERICA
NUCLEAR FUELS
RADIOACTIVE MATERIALS
RADIOACTIVE WASTES
REACTOR MATERIALS
US ORGANIZATIONS
USA
WASTES
052002* - Nuclear Fuels- Waste Disposal & Storage
053000 - Nuclear Fuels- Environmental Aspects
290600 - Energy Planning & Policy- Nuclear Energy