Wireless Password: 9166703926. © COPYRIGHT 2013. DICKSTEIN SHAPIRO LLP. ALL RIGHTS RESERVED....

Wireless Password: 9166703926

© COPYRIGHT 2013. DICKSTEIN SHAPIRO LLP. ALL RIGHTS RESERVED.

Timothy A. FrazierJuly 23, 2013

Nuclear Waste Management: How (and how much), When, and Where?


Spent Nuclear Fuel

• Over 69,000 metric tons at end of 2012

– Approximately 52,000 wet storage

– Approximately 17,000 dry storage

• Increases by about 2,000 MT a year

• Fuel moved to dry storage when pools are full

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Decommissioned and Operating Reactors

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Spent Nuclear Fuel Storage

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Stranded Spent Nuclear Fuel at Shutdown Reactor Sites

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Plant State

MTHMStoredat Site

MTHMin PoolStorage

MTHMin Dry

StorageNumber of Casks

Estimated Casks

Big Rock Point Michigan 58 0 58 7 —

Haddam Neck Connecticut 412 0 412 40 —

Humboldt Bay California 29 0 29 5 —

LaCrosse Wisconsin 38 38 0 0 5

MaineYankee

Maine 542 0 542 60 —

Rancho Seco California 228 0 228 21 —

Trojan Oregon 359 0 359 34 —

Yankee Rowe Massachusetts 127 0 127 15 —

Zion 1 & 2 Illinois 1,019 1,019 0 — 61

Fort St. Vrain Colorado 15 0 15 NA* —


Spent Nuclear Fuel by State

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Defense Spent Nuclear Fuel

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Defense High Level Waste

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Blue Ribbon Commission on America’s Nuclear Future

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• Established by Secretary of Energy at the direction of the President to

– conduct a comprehensive review of policies for managing the back end of the nuclear fuel cycle

– recommend a new plan/path forward

• Review

– Storage and disposal

– Legal and commercial arrangements for management of used nuclear fuel

– Decision-making processes

– Open and transparent decisions

• Advice and recommendations on

– Policy and management of used nuclear fuel

– Changes in law

– Fees currently being charged (Nuclear Waste Fee and Fund)


Commissioners

• Lee Hamilton, Co-Chair - Director of The Center on Congress at Indiana University, former Member of Congress (D-IN)

• Brent Scowcroft, Co-Chair – President, The Scowcroft Group, and former National Security Advisor to Presidents Gerald Ford and George H.W. Bush

• Mark Ayers, President, Building and Construction Trades Department, AFL-CIO (deceased)

• Vicky Bailey, former Commissioner, Federal Energy Regulatory Commission; former Indiana PUC Commissioner

• Albert Carnesale, Chancellor Emeritus and Professor, UCLA

• Pete V. Domenici, Senior Fellow, Bipartisan Policy Center; former U.S. Senator (R-NM)

• Susan Eisenhower, President, Eisenhower Group, Inc.

• Chuck Hagel, Distinguished Professor at Georgetown University, Former U.S. Senator (R-NE) (now Secretary of Defense)

• Jonathan Lash, President, World Resources Institute

• Allison Macfarlane, Assoc. Professor of Environmental Science and Policy, George Mason Univ. (now Chairman of NRC)

• Richard A. Meserve, President, Carnegie Institution for Science, and former Chairman, U.S. NRC

• Ernie Moniz, Professor of Physics and Cecil & Ida Green Distinguished Professor, MIT (now Secretary of Energy)

• Per Peterson, Professor and Chair, Dept. of Nuclear Engineering, Univ. of California – Berkeley

• John Rowe, Chairman and Chief Executive Officer, Exelon Corporation

• Phil Sharp, President, Resources for the Future; former Member of Congress (D-IN)

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Process (2 year)

• Hearings (w/Testimony)

• Tours (home and abroad)

• Public Input

• Draft Report (7/2011)

• Final report (1/2012)

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Blue Ribbon Commission - Key Recommendations (this is the “How”)

• A new, consent-based approach to siting future nuclear waste management facilities

• A new, single-purpose organization focused on nuclear waste in the United States

• Have assured access to funding

• Promptly develop deep geological disposal site(s) for spent fuel and high-level nuclear waste

• Promptly develop one or more consolidated storage facilities as part of managing back-end of nuclear fuel cycle (move stranded fuel first)

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Consent Based Approach?

• BRC purposefully did not define

• Commission was impacted by successful consent based efforts

– Sweden, Finland

– Waste Isolation Pilot Plant in Carlsbad, NM

• Should be:

– Adaptive

– Staged

– Flexible

– Inclusive (all levels of affected government)

• Process

– Transparent, flexible, patient, responsive, and an emphasis on consultation

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When?

• BRC conveyed sense of urgency - January 2012

– “shared sense of urgency”

– “prompt”

– Near-term executive branch actions identified

• January 2013, Statement of Administration Policy – “Strategy for the Management and Disposal of Used Nuclear Fuel and High-level Radioactive Waste”

– Pilot-scale interim consolidated storage – 2021

– Consolidated storage – 2025

– Repository – 2048

– Legislation required

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S1240 – Nuclear Waste Administration Act

• Senators Wyden and Murkowski, Senate Energy and Natural Resources

• Senators Feinstein and Alexander, Appropriations Subcommittee on Energy and Water Development

• Issued discussion draft in April and accepted comments

– We provided comments, some comments addressed

• Would establish the “Nuclear Waste Administration” reporting to the President

• Funding still subject to appropriations

• Consolidated storage with emphasis on “priority” waste

• Storage no longer linked to disposal

• Hearing scheduled for July 30th

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Where? Host Communities

• There are a number of communities interested in hosting storage and/or disposal sites

• Savannah River Site Community Reuse Organization (first in the game)

• Carlsbad, New Mexico and Eddy/Lea Counties

• West Texas

• Mississippi

• Others are showing interest

• Funding needed

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Developing Alliance of Communities and Industry

• A work in progress

• Formalized group of potential host communities and nuclear industry partners

• Communities working together with States and other interested parties

• Host communities and States defining the agreements and incentives required for their participation

• Ability to influence the ongoing effort to enact legislation

– Dickstein comments on draft legislation representative of the Alliance

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Outlook

• General consensus that the likelihood of S1240 moving ahead is not high

• DOE will drag its feet until some “authorization” from Congress is received

• Large divide between House and Senate

• More and more communities are showing interest

• A strong Alliance could make difference and maintain the sense of urgency to find a solution

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Areas of Interest for Attorneys General

• For States in which spent nuclear fuel is now stored at active and decommissioned reactor sites, the Attorneys General should:

– actively support the legislative process directed at developing consent-based storage and repository sites

– coordinate their efforts with the communities proposing to consent to consolidated storage and permanent repositories

• For States which will be impacted by the movement of spent nuclear fuel to storage and repository sites, the Attorney General should:

– focus in coordinated fashion on the legislative provisions relating to safety and security of such movements

– coordinate their efforts with the communities which will be destination for the spent nuclear fuel.

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