REP. MIKE LEVIN INTRODUCES BIPARTISAN NUCLEAR WASTE ADMINISTRATION ACT
New Legislation Would Create Independent Federal Agency to Tackle Country’s Nuclear Waste Challenges
Press Release | September 25, 2024 Washington, D.C. – Rep. Mike Levin (CA-49) and Rep. August Pfluger (TX-11) today introduced the bipartisan Nuclear Waste Administration Act of 2024, which would modernize our country’s nuclear waste management
program by establishing an independent Nuclear Waste Administration to manage the country’s nuclear waste. In line with recommendations from the Blue Ribbon Commission on America’s Nuclear Energy Future, this bill would establish a new, single purpose
organization to manage the back end of the nuclear fuel cycle, provide for a consent-based siting process for nuclear waste facilities, and ensure adequate and reliable funding for managing nuclear waste. It builds on legislation that the late Senator Dianne Feinstein (D-CA) championed while she served in the United States Senate. “The federal government has a responsibility to safely manage our nation’s nuclear waste, but
we’ve been caught in an impasse for decades,” said Rep. Levin. “This legislation represents a comprehensive pathway to modernize our nuclear waste program, based in consent. Our bipartisan bill would empower a new single-purpose, independent federal agency to consult and collaborate with communities to chart a path forward for safely storing and disposing of our nuclear waste. Years of inaction have left nuclear waste stored in communities all across the country – including ours
– and with the federal government currently spending $2 million per day for the failure to fulfill its obligation to find a real solution. It’s clear that now is the time to act on bold solutions.” “Nuclear energy plays an important role in our energy mix, especially as a significant increase in energy demand is projected over the next decade. However, one of the most significant challenges to broad deployment is the
impasse regarding a permanent repository. West Texas has experienced the consequences of this impasse as evidenced by the Andrews County interim storage site. I am proud to introduce the ‘Nuclear Waste Administration Act of 2024’ with Rep. Levin to move our country closer to developing a permanent repository and robust fuel management plan. We cannot meet our nuclear goals without this piece of the puzzle,” said Rep. Pfluger. Though the Department of Energy (DOE), which currently manages spent nuclear fuel, has made strides in recent years—including restarting a consent-based siting process for a consolidated interim storage (CIS) facility—a new single-purpose, independent federal agency solely dedicated to the safe, secure management, storage, and ultimate disposal of nuclear waste will be in a stronger position to focus on solving the long-term challenges unique to nuclear waste. It would be
insulated from political headwinds and ever-changing funding levels. Additionally, this new agency acknowledges lessons learned and provides for a flexible, consent-based pathway for siting and operating both a CIS facility and ultimately a permanent repository. This legislation allows for a CIS facility to first prioritize storing waste from shutdown nuclear reactors so that those sites can be redeveloped, while the
Nuclear Waste Administration simultaneously works to site and construct a permanent repository to ultimately dispose of the nuclear waste. The new Nuclear Waste Administration will have access to a working capital fund in the U.S. Treasury, without needing further appropriation. The Nuclear Waste Administration Act is also co-sponsored by Rep. Scott Peters (CA-52). “As co-chairs of Spent Fuel Solutions and the County Supervisors who represent the communities closest to the San Onofre Nuclear Generating Station, we support this important legislation and applaud the leadership of Representatives Levin and Pfluger,” said Spent Fuel
Solutions co-chairs Supervisor Jim Desmond and Supervisor Katrina Foley. “Our coalition is encouraged by recent progress on consent-based siting for interim storage and urges the swift consideration of this bill to support the development of a permanent repository, as well. Through this bipartisan effort, we are confident the U.S. can secure offsite, federally licensed storage and disposal solutions for the spent nuclear fuel being stored in 34 states across the
nation.” “It is terrific to see progress in framing new legislation on the nation’s nuclear waste strategy. Moving the spent fuel from sites like San Onofre is long overdue. Now the even harder work begins to get this legislation passed in the House and the Senate,” said David Victor, Professor of Innovation and Public Policy at UC San Diego and Former Chair of the SONGS Community Engagement
Panel. “Legislation to accelerate a vibrant and durable nuclear waste program is necessary and I am very pleased to see this thoughtful initiative. We need to meet our obligations to current and future generations. I am hopeful this will lead to enactment soon,” said Tom Isaacs, the Lead Advisor of The Blue Ribbon Commission on America’s Nuclear Future. Since taking office in 2019, Rep. Levin has made safety at the San Onofre Nuclear Generating Station (SONGS) and moving the spent nuclear fuel from the facility one of his top priorities. As part of that work, he convened the SONGS Task Force to develop policy recommendations to address long-term storage and disposal solutions for spent nuclear fuel. The task force issued a recommendation that an independent federal agency be established to manage nuclear waste. This legislation meets that recommendation. To view the bill text of the Nuclear Waste Administration Act of
2024, click here. To view a one-pager fact sheet, click here. Read the original press release here.
SENATORS INTRODUCE BIPARTISAN BILL SUPPORTING NUCLEAR FUEL RECYCLING
WASHINGTON, D.C. – U.S. Sens. Ted Cruz (R-Texas) and Martin Heinrich (D-N.M.) today introduced The Advancing Research in Nuclear Fuel Recycling Act. The bill requires the U.S. Department of Energy (DOE) and the National Academy of Science to create an independent committee of experts to study recycling the country’s spent nuclear fuel. The
DOE-commissioned study would evaluate the cost, benefits, and risks of recycling our spent nuclear fuel compared to the status quo of interim storage. Domestic recycling has the potential to reduce the amount of storage we need for spent nuclear fuel, reduce our dependence on nuclear fuel imported from hostile nations like Russia, and provide another supply of rare elements and isotopes used for certain medicines and advanced technologies. Upon introduction, Sen. Cruz said, “No individual state should be responsible for bearing the brunt of nuclear waste accumulation. In order to advance American energy, we need to find ways to maximize our cleanest baseload energy source. I am proud to work with Sen. Heinrich on this bipartisan legislation to study how new technologies can harness the full potential of recycled nuclear energy. Innovation is key to making America energy
dominant.” Sen. Heinrich said, “We need to find ways to provide clean and reliable energy for all Americans. This bill will help identify safe and secure methods of recycling our spent nuclear fuel, which can increase domestic clean energy resources, lower costs, and deliver good-paying jobs for Americans.” Ed McGinnis, CEO, Curio said, "We commend Senators Cruz and Heinrich for their forward-thinking leadership in the Advancing Research in Nuclear Fuel Recycling Act of 2024. Their dedication underscores the critical importance of nuclear waste recycling in unlocking America's energy independence and ensuring a sustainable future. By embracing innovative solutions and bridging the gap between technology and policy, we pave the way towards a more environmentally
sustainable and economically robust U.S. nuclear sector. Together, we can harness the full potential of nuclear energy while finding a permanent solution to nuclear waste." Jacob DeWitte, Co-Founder and CEO, Oklo said, “Oklo greatly appreciates the interest and support Congress has expressed for commercial recycling of used nuclear fuel. This legislation will help outline benefits and potential
policy opportunities, while Oklo continues to deploy its own recycling program for the purpose of supplying fuel for our Aurora powerhouses.” Doug True, Senior Vice President and Chief Nuclear Officer, Nuclear Energy Institute said, “The U.S. nuclear industry supports efforts by Congress to advance used nuclear fuel recycling for its potential to enhance the sustainability and economics of
existing and advanced reactors, to improve U.S. energy security, and to convert used fuel into waste forms that can be more easily disposed of in a permanent geologic repository.” Read the full text of the bill. BACKGROUND There are over 90,000 metric tons of spent nuclear fuel from commercial nuclear power plants within the United States and that number continues to grow by 2,000 metric tons each year. There
are over 70 sites within the U.S. where nuclear waste is currently stored. 20 of those sites lack an operational nuclear reactor and are considered shut down. World powers such as France, the UK, and Japan currently recycle their spent nuclear fuel. Meanwhile, the U.S. employs a “one-time-through” fuel life cycle because of a since-rescinded executive order from President Carter that prohibited the recycling of nuclear
fuel.
DOE PROSPOSES A LEGACY TRU WASTE DRAFT DEFINITION FOR COMMENT
DOE’s Waste Isolation Pilot Plant (WIPP), pursuant to DOE’s permit and as a part of its Legacy TRU Waste Disposal Plan, provided a proposed draft definition of Legacy transuranic (TRU) and TRU mixed waste last week. The DOE Proposed Draft Definition is as follows: “Legacy TRU and TRU mixed waste is defense-related TRU waste generated from the safe
cleanup of environmental legacy resulting from decades of nuclear weapons development and defense-related testing and research.” The WIPP mission includes disposal of defense transuranic (TRU) waste from the DOE sites in communities across the country. Defense TRU waste includes waste generated from historical activities dating back to Manhattan Project and Cold War and current ongoing defense missions. The new WIPP
permit would reserve one of the future panels—where waste is emplaced underground at WIPP—for “legacy” waste. DOE must develop a plan that defines legacy waste and describes how its disposal will be prioritized in the future underground disposal panel 12, which is expected to begin receiving waste in approximately 2029. This plan could affect the prioritization of waste shipments and the accessibility of WIPP as a disposal route for some waste, depending on how it’s defined and what DOE lays out
in its plan. For more information, read DOE’s fact sheet on these issues here. To develop the proposed draft definition, WIPP consulted generator sites, storage sites, and stakeholders to receive
expert advice and input. Right now, the definition is inclusive of: - TRU defense related waste from cleanup of contaminated nuclear weapons manufacturing and testing sites
- waste from disposition
of nuclear materials that could be used in nuclear weapons
- deactivation and decommissioning of several thousand radiologically and chemically contaminated facilities no longer needed to support the Department of Energy’s mission
- remediation of extensive surface and groundwater contamination
Other types of waste included in the definition were more contentious and received pushback from certain stakeholders that WIPP consulted with. WIPP provided rationale for why it included these forms of waste in its definition: - All TRU defense-related waste at generator/storage sites currently in retrievable storage, waste covered or buried, waste in trenches, caissons, underground tanks and cribs, environmental media from remediation/cleanup activities
- This waste is included based on generator/storage site definitions and input received from
stakeholders.
- Future decontamination and decommissioning (D&D) waste of facilities used for weapons production or research that generated legacy waste.
- This waste is included based on generator/site definitions, input received from stakeholders and
because D&D waste would be contaminated with legacy materials.
- Plutonium identified as surplus to national security needs or excess materials created for, used in, or resulting from weapons manufacturing processes.
- DOE has an enforceable Settlement Agreement
with the state of South Carolina to remove 9.5 MT of surplus plutonium from South Carolina by 12/31/36. This waste is included because of this agreement and the need to dismantle legacy weapons
- Tank waste that is determined to be defense-related TRU and TRU mixed waste, is approved through a Class 3 permit modification, and meets WIPP Waste Acceptance Criteria requirements.
- This waste is included because it is from the legacy cleanup for waste that meets the WIPP Waste Acceptance
Criteria.
- CERCLA waste that may be excavated/removed and requires disposition.
- Generator/storage sites and stakeholders agree that this type of waste should be included in the definition of legacy waste. This waste is included based on previous cleanup
activities and potential future cleanup needs.
- Future Record of Decisions (RODs) and RCRA Corrective Actions
- Hanford indicated that they have numerous burial sites
that don’t have RODs yet, which will also be included in the inventory once a ROD is obtained. This waste is included to support Hanford and facilities that may have similar issues.
This past Monday, the U. S. Department of Energy Carlsbad Field Office and Salado Isolation Mining Contractors conducted a virtual WIPP Information Exchange to receive public input on the definition. Meeting attendees voiced some concerns about the definition, including:
- Expanding the scope of outreach to receive input from a wider variety of local stakeholders
- Retooling outreach in order to better reach and
receive public input
- Age of legacy waste not being concretely defined.
- Risk level of legacy waste not being included in the definition.
- The definition does not outright
exclude other forms of waste.
Click here to watch a recording of the WIPP Information Exchange, which can be viewed bottom of the page. WIPP, as a requirement of its permit, intends to submit its plan to New Mexico Environment Department by November 3, 2024. A public comment period from November 2024 – January 2025 will follow. ECA Survey At the request of ECA members, over the past few months, ECA conducted outreach to over 1000 contacts invested in waste cleanup to receive responses for our survey: “Should DOE Prioritize “Legacy” TRU Waste or Treat all TRU Waste Equally for Disposal at WIPP Under the New Permit with the State of NM?” The survey closed on September 18, and ECA is currently developing a report to summarize and showcase the results
of the survey in the next week.
WEBINAR ON THE PACKAGE PERFORMANCE DEMONSTRATION RFI
We are pleased to invite you to an informational webinar hosted by the U.S. Department of Energy, Office of Nuclear Energy, focused on the Spent Nuclear Fuel (SNF) Package Performance Demonstration (PPD) Request for Information (RFI). DOE plans to conduct physical demonstrations on a full-sized SNF transportation cask. This initiative, inspired by global testing practices and recommendations in reports from the Blue Ribbon Commission on America’s Nuclear Future and the National Academy of Sciences, aims to address transportation concerns expressed by the
public and build trust in transportation safety. This webinar offers a valuable opportunity to understand the structure of the RFI and receive guidance on how to respond effectively. During the session, we will present an in-depth overview of the RFI, highlight key areas of interest, and discuss how interested parties can provide meaningful input to this important initiative. We are also pleased to
announce that the deadline for RFI responses has been extended to October 31, 2024. Following the presentation, we will hold a Q&A session where you can submit your questions and receive clarifications directly from our experts.
We encourage all interested parties to attend, as your insights and feedback are vital to the success of this initiative. Once registered, you will receive a confirmation email with the webinar link and additional details. If you have any questions or need further information, please do not hesitate to contact us at DOE-PPD@id.doe.gov. We look forward to your participation and to working together on this important project. You can find more information about this project in our information resource
portal.
ENSURING LONG TERM SUCCESS: ECA TRANSITION PAPER FOR DOE-EM
ECA released a new transition paper that calls for DOE to undertake a comprehensive review of EM titled “Ensuring Long-Term Success: Recommendations for the Next Administration on the
U.S. Department of Energy’s Environmental Management Mission”. EM has achieved great success through the program, and a transitioning administration provides EM with the opportunity to review what is working and what is not – not just in EM but all of DOE as it relates to EM. This will help ensure EM is well positioned for future long-term success. In the paper, ECA outlines the issues that the cleanup program
faces, many of which we will be discussing at the Cleanup Workshop, and suggests a series of concrete recommendations for the next Administration to utilize with EM and other DOE offices to re-establish a firm foundation for continued cleanup success. Our recommendations include reconsidering how EM works with local communities on cleanup decision-making, establishing disposal pathways for every type of nuclear waste (such
as GTCC LLW), creating a clear policy for long-term stewardship, considering what capabilities may be required to address current and anticipated wastes, utilizing cleanup as a vehicle for economic development (such as the Cleanup to Clean Energy program), planning for future development, and many more. Read the paper by clicking its cover above or the button below!
WHAT YOU'VE MISSED: ECA: Harris or Trump, DOE-EM needs “comprehensive review” Regardless of who is sitting in the Oval Office next year, the Department of Energy’s
Office of Environmental Management needs to take a close look at itself and “launch a comprehensive review of all aspects of the EM program,” according to a new report from the Energy Communities Alliance, which represents communities adjacent to or near DOE nuclear cleanup sites. The 18-page ECA transition paper, Ensuring Long-Term Success: Recommendations for the Next Administration on the U.S. Department of Energy’s Environmental Management Mission, calls on the next administration to “take a fundamental look” at DOE-EM’s entire cleanup effort, including both sites that are active and those where work has been completed. How
DOE-EM integrates with other DOE programs, including the National Nuclear Security Administration and the offices of Nuclear Energy, Science, and Legacy Management, should also be examined, according to the paper. Read the full story Westinghouse completes front-end design for eVinci
microreactor test Westinghouse Electric Company has completed the front-end engineering and experiment design (FEEED) for a prototype microreactor at Idaho National Laboratory, the Department of Energy recently announced. The one-fifth scale version of eVinci, Westinghouse’s 5-MWe sodium-cooled heat pipe design, is one of three reactors that could be tested at the National Reactor Innovation Center’s (NRIC) DOME test bed “as early as 2026,” the DOE said. Westinghouse said it is the first of the three developers to submit a preliminary safety design report (PSDR) to NRIC—a “major milestone” in the FEEED process. Read the full story What They Are Saying: Strong Support for Matt Marzano’s Nomination to the Nuclear
Regulatory Commission WASHINGTON, D.C. — A broad group of stakeholders has voiced strong support for Matthew Marzano’s nomination to the Nuclear
Regulatory Commission (NRC). President Joe Biden nominated Marzano in July and the Senate
Environment and Public Works Committee held a hearing to consider his nomination last week. Read the full story
PROVIDE YOUR INPUT - OPEN REQUESTS FOR INFORMATION Opportunity: DOE Package Performance Demonstration DOE intends to establish a consolidated interim storage facility for storage of spent nuclear fuel until a permanent repository is available. DOE is performing this market research to gather information from all interested parties that will help formulate the actual solicitation. The first RFI is working to establish the market boundaries that can best fulfill the needs of the CISF program. This RFI works to answer the best contract
strategy and contract type, the ability of commercial businesses to support and fulfill CISF requirements & to what capacity small businesses can support CISF requirements. Response Due: October 31 2024, 7:00 pm EST |
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Gone Fission Podcast - Candice Robertson Interview September 23, 2024 | S4
E16 This week, the Gone Fission Nuclear Report features an interview with Candice Robertson, the Department of Energy’s recently appointed Senior Advisor to the Office of Environmental Management (EM-1). Host Michael Butler caught up with her at the 10th Annual National Cleanup Workshop in Washington, D.C. The occasion also marked the 35th anniversary of creation of the Office of Environmental Management. Ms.
Robertson gives her assessment of the current state of DOE’s environmental cleanup program and looks to the challenges ahead.
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