I thank Mr. Gordon for yielding. Before I begin my comments, I have a copy of a resolution that was passed by the Salt Lake County Council in support of the Writ Act to include in the Record. A…
I thank Mr. Gordon for yielding.
Before I begin my comments, I have a copy of a resolution that was passed by the Salt Lake County Council in support of the Writ Act to include in the Record.
A Resolution of the Salt Lake County Council Opposing the Importation
of Foreign Nuclear/Radioactive Waste and Its Disposal in the United
States
Whereas, the Nuclear Regulatory Commission (NRC) has been
asked for a license to import radioactive waste from
dismantled nuclear reactors in Italy;
Whereas, Italy, which currently stores its nuclear/
radioactive waste at power plants and other sites throughout
Italy, has no permanent repository for this waste, has four
closed nuclear power stations and other nuclear facilities
with nuclear/radioactive waste, and for the past number of
years has been unable to construct a waste disposal facility
due to strong citizen opposition;
Whereas, due to having closed facilities and citizen
opposition to construction of any new facilities, Italy
reportedly has no nuclear waste disposal plan and is seeking
assistance from other countries to manage different types of
nuclear waste;
Whereas, if allowed, foreign radioactive/nuclear waste
would be transported and
Whereas, if granted by the NRC, the importation license
would allow almost ten times more waste to be imported for
disposal than the total amount authorized by prior NRC
importation licenses;
Whereas, Utah Governor Jon Huntsman, the Utah Radiation
Control Board, and a regional regulatory board, the Northwest
Interstate Compact, have opposed this waste being brought
into Utah;
Whereas, a declaratory judgment action has been filed and
is currently being actively litigated to determine whether
the Northwest Interstate Compact has jurisdiction over the
importation of the waste and the legal authority to block the
transportation and storage of this foreign waste in Utah;
Whereas, the NRC has delayed making a decision on the
proposal until the litigation against the Northwest
Interstate Compact has been resolved;
Whereas, nearly four thousand people submitted comments to
the NRC, the vast majority overwhelmingly opposing the
proposed importation license;
Whereas, granting approval to this or similar proposals
could open the door to the United States becoming the world's
nuclear/radioactive waste dump and create a disincentive for
foreign nations to dispose of their own nuclear/radioactive
waste;
Whereas, other contracts have been solicited for additional
foreign nuclear/radioactive waste disposal from entities in
the United Kingdom, Mexico, Brazil and other countries which
would directly impact Salt Lake County;
Whereas, nuclear/radioactive materials will be shipped over
oceans, into ports, and, potentially, through Utah cities and
counties, including Salt Lake County, with the exact types
and classifications of these materials not determined until
after they have been imported;
Whereas, dumping large quantities of foreign nuclear/
radioactive waste in the U.S. will only constrain further our
domestic disposal capacity, result in the need for expanded
or new nuclear/radioactive waste dump sites and increase the
risk to public health, safety and the environment;
Whereas, neither the United States Congress nor the NRC
ever intended that domestic nuclear/radioactive waste sites
be used for the commercial importation of foreign nuclear/
radioactive waste;
Whereas, importing foreign waste only serves private
companies and their shareholders; and
Whereas, many of the probable transportation corridors run
through Salt Lake County, risking public health and safety
with, every shipment, not to mention the financial
responsibility imposed on the County and its residents in
preparing for and responding to incidents.
Now, Therefore, the County Council hereby resolves that it
supports the prohibition on the transportation of foreign
generated nuclear/radioactive waste through Salt Lake County;
Now, Therefore, the County Council further resolves that it
urges the NRC to not approve the request to import and
dispose of foreign low-level nuclear/radioactive waste; and
Now Therefore, the County Council further resolves that it
urges Utah's legislative delegation to support the
Radioactive Deterrence Act (RID), HR 515 and S. 232, which
would prohibit the importation of foreign nuclear/radioactive
waste, thereby alleviating the health and safety risks of
transporting such materials through Salt Lake County.
Mr. Speaker, the Energy and Commerce Committee has held two hearings on this issue: one in the previous Congress and one in this Congress. And during those hearings, we really flushed out this issue in a way that I think makes some pretty clear points that justify moving this bill.
First of all, what was established is that there is confusion about what U.S. policy is relative to importation of radioactive waste from foreign countries. There really is a gap in policy here because as our low-level radioactive waste has developed over the last two or three decades, foreign waste wasn't even really considered. It just wasn't conceived that we would even take waste from other countries.
As Mr. Gordon indicated, no other country in the world takes another country's radioactive waste, and I think that appears to have been the assumption in terms of when policies have been determined in this country.
But what has happened in the last few years is that there are efforts and contracts being signed to move waste from Italy; there is discussion about Brazil, Mexico, Great Britain, to move low radioactive waste to this country. The Nuclear Regulatory Commission says we have no authority to determine whether or not waste from foreign countries should be allowed into this country.
So then we turn to the next regulatory body that we have in this country, and that is the system of State-run compacts that was established in Federal law primarily in 1980 and 1985. And the nuclear waste compacts are the ones who also have this role in deciding how to handle low-level radioactive waste.
The State of Utah happens to be a member of the Northwest Compact. When this proposal to move waste from Italy was put before the Compact, the Compact, with the State of Utah opposing the importation of this waste, the Compact agreed with the State of Utah and moved to disallow this shipment. At this point, the matter was taken to the courts. The Federal district courts have ruled the Compact courts have no authority to stop this either. That case is currently on appeal.
But what this points out--and the reason I walk through these steps-- is to illustrate that there's a lot of confusion out there and everyone is pointing in a different direction of who's in charge of this issue. It seems to me this issue ought to be addressed by Congress. It's up from a public policy perspective to discuss whether or not as a policy of this country we should accept another country's radioactive waste. I happen to think we shouldn't. No other country in the world does. I don't think we should either. There has been mention that this is a restraint of trade issue in preventing U.S. companies from competing. I don't know of any other country that takes imported waste.
For trade to exist, you have goods and services going in both directions, not just in one. I don't understand how this in any way could be described as a restraint of trade.
Secondly, the capacity of this country for handling low-level waste is an issue because from what I have heard, not many States want to have a nuclear waste site for this low-level waste even though you have heard descriptions that this low-level waste may be no more dangerous than what's in a smoke detector. When you talk about tons and tons of this low-level radioactive waste, not a lot of States are lining up to take it.
And as we move forward as a country in a climate-constrained world where I believe--and I support development of nuclear power plants which, in addition to high-level fuel rods, do generate low-level waste--we need to have a location in this country to dispose of that low-level waste.
When the GAO did analyze the site in Utah to discuss the capacity issue, as was pointed out during the Congressional hearings before the Energy and Commerce Committee, it was pointed out that the GAO only looked at 1 year's worth of data for how much waste was put in, and they just took that volume from that year and projected it out into the future, which I'm a little disappointed that GAO would make such an elementary mistake in terms of how you project a trend, because the 1 year they used, in terms of the volume that was deposited that year, was a particularly low year in terms of volumes of waste.
And in fact, even with that assumption, they projected that it would go out maybe somewhere between 20 and 30 years. That is not necessarily a long amount of time when you talk about storage of low-level waste in this country. That is not a long amount of time when you consider the issue that most States don't want one of these sites located in their State. And I would submit that if you take the longer view of the life cycle of a nuclear power plant, that 20 to 30 years is not an excessively long amount of time, that's the storage capacity we've got at this site.
By the way, the GAO report also did not assume any foreign radioactive waste would be going in the site when it made its analysis of what the capacity was.
So I think this is a good bill. I think this addresses a gap in policy today. I think it will create greater certainty for the future of the nuclear industry in this country. I think it aligns the United States with the rest of the world in how we deal with importation of radioactive waste.
I want to thank Mr. Gordon for his leadership on this issue. I encourage my colleagues to support the bill.
Mr. Speaker, I just wanted to clarify one comment made by the gentleman from Florida about capacity in Utah.
It is interesting the company is telling people that they have so much capacity. They made a commitment to our Governor that they were not going to ask for any increase in the license capacity compared to what they have. It so happens when they came to testify before the Energy and Commerce Committee, in their written testimony they included tables that assumed great expansion of this site. But the State of Utah has not licensed that expansion. They made a commitment to our Governor that they weren't going to apply for an increase in size from the license capacity that exists today.
So I am not sure if they are talking out of both sides of their mouth now, if they are telling the other side that they have plenty of capacity, but I would just put it on the record that that company is on record that they said they would not make a license request to increase the capacity at the site.
The imported waste?
The Northwest Compact, as I made some reference to in my earlier statement, voted against taking this waste.
The Governor of Utah was opposed to it. The State of Utah was opposed to it.
The company then took the State and the Northwest Compact to court.
They took this action to Federal court because they disagreed with the decision of the State of Utah and the Northwest Compact.