Information report on state legislation

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Material Information

Title:
Information report on state legislation
Physical Description:
v. : ; 28 cm.
Language:
English
Creator:
U.S. Nuclear Regulatory Commission -- Office of State Programs
Publisher:
The Office
Place of Publication:
Washington, D.C.
Frequency:
monthly
regular

Subjects

Subjects / Keywords:
Nuclear power plants -- Law and legislation -- States -- Periodicals -- United States   ( lcsh )
Radioactive waste disposal -- Law and legislation -- States -- Periodicals -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
periodical   ( marcgt )

Notes

Statement of Responsibility:
Office of State Programs, U.S. Nuclear Regulatory Commission.
Dates or Sequential Designation:
-v.10, no. 7 (Dec. 1984)
General Note:
Monthly Catalog Number: gp 86003638
General Note:
Title from caption.
General Note:
"NUREG/BR-0025."
General Note:
Description based on: Vol. 9, no. 6 (July 1983)

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 028591988
oclc - 09875357
System ID:
AA00013016:00012


This item is only available as the following downloads:


Full Text
N' 3.N 8 Las l/--


NUREG/BA-0025


INFORMATION REPORT ON


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State
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Legislation
OFFICE OF STATE PROGRAMS
U. S. NUCLEAR REGULATORY COMMISSION


olyni R Nn A May 15. 1982 _.----,

The States of Florida, Georgia, and Mississippi have enacted th 1jtkst3 1984
Interstate Low-Level Radioactive Waste Compact into law and have ome
parties to the Compact. To date, these are the only three eligi e /
States to this compact with enacted legislation.
NRC has invited all low-level radioactive waste (LLW) interstate comp
groups, plus the unaffiliated States of Texas and California, to be "..
represented by technical officials actively engaged in the disposal of
LLW at the joint NRC/ORNL symposia on the disposal of LLW in connection
with proposed 10 CFR 61. The first symposium will be conducted in
Arlington, Virginia, June 16-17, 1982 and the second will take place in
September.


On June 24-25, 1982, the NRC will sponsor a regional meeting with the
Governor-appointed State Liaison Officers from Connecticut, Delaware,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont and Washington, D.C. The subjects
which will be discussed include emergency planning, waste management,
spent fuel shipments and notification, regionalization and other items
of mutual regulatory interest.
Draft guidance for entering into limited agreements with NRC for the
regulation of low-level radioactive waste sites has been furnished to
all States for comment.
OSP staff attended the National Conference of State Legislatures' State-
Federal Assembly in Washington, D.C. on April 22-23. Topics of discussion
included pending nuclear waste legislation, energy matters of concern to
States, and the Administration's proposal to dismantle DOE.


G. Wayne err, Director
Office of State Programs


Prepared by Mindy Landau, OSP
(301) 492-9880












Public Utilities


California S-1490
California A-3442
Florida H-765
Illinois S-1313
Maryland H-1791
New Jersey ACR-88
New York A-10742, A-10840

Radioactive Waste, Handling
& Financial Management

California SJR-27
Massachusetts H-5200*
Minnesota S-1965
New Jersey S-838
New Jersey S-1108

Low-Level Waste Compacts

California A-3317
Florida H-1066
Georgia H-1391
Hawaii SCR-98
Massachusetts H-5000*
Massachusetts H-5585*
Michigan H-5600
Mississippi H-1281
Nebraska LR-233

Emergency Preparedness


Florida S-971
New Jersey ACR-82
New York S-8540

Transportation

New Jersey A-894

Decommissioning

Rhode Island S-2620
Rhode Island H-7596
South Carolina H-3710


Maine LD-1741
Massachusetts H-5585

Radiation

Massachusetts H-5634
Utah HCR-3

Power Plants

California A-2948
California A-3443
Idaho HJM-19
Kentucky SR-63
Massachusetts H-5000*
Massachusetts H-5200*
Michigan H-5531
New Jersey A-717
New Jersey S-975
New York A-810
New York A-10212
Pennsylvania HR-163
Washington SCR-145
Washington H-1217

Environmental Controls


Minnesota H-71

Legislative & Executive Branch
Activities

California SR-33
Tennessee HR-107


General


Kentucky SR-65
New Jersey HR-162
New Jersey A-799
New Jersey S-1080
Vermont JRH-55
Washington SJM-131


Moratorium

Kentucky HR-89


*Bill appears in more than one category


Low-Level Waste



































Digitized by the Internet Archive
in 2012 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation


http://archive.org/details/reporl5usnu








ENACTED LEGISLATION


FLORIDA

Public Utilities H-765. Allows the sale of bonds for the purpose of
financing costs of electric power projects. Details rights of legal
entities governing such sales, and provisions of certain restrictions.
(Enacted 3/25/82.)

Southeast Interstate Low-Level Radioactive Waste Compact H-1066. Enacts
the Compact into law and enters the State as a party. The Compact would
provide for the regional management of low-level waste disposal. (Enacted
4/21/82.)

GEORGIA

Southeast Interstate Low-Level Radioactive Waste Compact H-1391. Similar
to Florida, H-1066. (Enacted 4/22/82.)

MAINE


Low-Level Waste Siting Fund LD-1741.
$6,500 for 1982-83 from the Low-Level
of assisting the Governor in regional
waste. (Enacted 3/15/82.)


Allocates $10,000 for 1981-82 and
Waste Siting Fund for the purpose
efforts to manage low-level


MISSISSIPPI

Southeast Interstate Low-Level Radioactive Waste Compact H-1281. Similar
to Florida, H-1066. (Enacted 4/20/82.)

ADOPTED RESOLUTIONS

UTAH

Nuclear Fallout Resolution HCR-3. Requests that Congress, DOE, NRC and
other federal agencies deal with the destructive consequences of nuclear
fallout in Utah from atomic testing in Nevada. The resolution calls for
the assumption of their responsibilities for injuries sustained by
downwind residents in Utah as a result of the nuclear testing program.
(Adopted 1/29/82.)







-2-


INTRODUCED LEGISLATION


CALIFORNIA

Citizen's Utility Board S-1490. Creates the Citizen's Utility Board to
represent residential utility consumers before the Public Utilities
Commission and other public bodies, and to inform them on matters relating
to utility services and energy conservation. (Introduced 2/17/82.)

Power Plant Construction A-2948. Provides that a notice of intention to
file an application for construction of a power plant is not required if
a person proposes any type of power plant not otherwise excluded from,
or described in designated provisions (as detailed in the Public Resources
Code). The Energy Resources and Development Commission shall issue its
final decision on the application within 24 months after the filing of
the application. (Introduced 3/3/82.)

Low-Level Waste Compact A-3317. Requires the Advisory Committee on Low-
Level Waste Management (created by A-1513) to also advise the Department
of Health concerning the feasibility of entering into an interstate
compact for the purpose of establishing and operating disposal facilities
for low-level radioactive waste. (Introduced 3/11/82.)

Energy Policy A-3442. Any rate, fuel, or siting proceeding must be
consistent with stated priorities dealing with conservation, renewable
resources, generating resources utilizing waste heat, and other resources.
Provides for the implementation of this State policy by the State Energy
Resources Conservation and Developent Commission and the Public Utilities
Commission. (Introduced 3/12/82.)

Power Plant Certification A-3443. Requires the State Energy Resources
Conservation and Development Commission to condition its certification
of any thermal power plant site and facility on whether the utility has
met its required conservation and alternative energy production targets.
(Introduced 3/12/82.)

FLORIDA

Emergency Response S-971. Requires the Division of Public Safety
Planning and Assistance to develop and test any emergency preparedness
plans required of a nuclear power plant. Also requires any NRC licensee
of a nuclear power plant to pay an annual fee of up to $200,000.
(Introduced 2/2/82.)

HAWAII

Low-Level Waste (Standing Committee Report No. 98). Urges the Senate to
pass S-2204 which authorizes the State to enter into the Northwest
Interstate Compact on Low-Level Waste, before the 1983 deadline. (Introduced
3/3/82.)






-3-


ILLINOIS

Illinois Commerce Commission S-1313. Amends "an Act Concerning Public
Utilities" by increasing the number of Commission members from 5 to 7
and requiring that they be elected rather than appointed. (Introduced
3/3/82.)


IOWA

Energy Policy Council H-2373. Relates to the continuation of the activities
and functions of the Energy Policy Council. Changes the date for submission
of the Council's required report, and eliminates the requirement that
public recognition for innovative energy conservation methods be given
to ten categories of individuals and organizations in each Congressional
district. (Introduced 2/23/82.)


MARYLAND

Public Service Commission H-1791. Prohibits the PSC from taking action
on a generating station construction application until consideration is
given to the applicant's efforts in the areas of energy conservation and
.renewable energy sources. (Introduced 2/12/82.)


MASSACHUSETTS

Nuclear Power and Waste Disposal Voter Approval and Legislative
Certification Act H-5000. An initiative bill qualifying for ballot,
this prohibits the construction or operation of new power plants unless
a majority of voters have approved it, and certain emergency preparedness,
waste disposal, decommissioning, and emission standards have been
approved and developed. Prohibits waste disposal facilities, and the
entrance of the State into a low-level waste compact unless it has been
approved by a majority of the voters. (Introduced 1/6/82.)

Construction of Power Plants H-5200. Prohibits the construction or
operation of nuclear power plants unless approved by the Council with
respect to siting of the plant, and disposal of nuclear waste. (Introduced
1/6/82.)

Low-Level Waste Commission H-5585. Establishes a Commission to report
on the status of the low-level radioactive waste problem in the State
and update the report annually. The Commission will review conclusions
in the report and assess current federal and State laws to determine
whether the State should become an agreement or limited agreement State,
and if it should participate in a low-level waste regional compact.
(Introduced 1/6/82.)









-4-


MASSACHUSETTS Cont'd

Personal Injuries H-5634. Declares that acts arising out of exposure to
radioactive wastes will begin within three years the injurious effects
are discovered, or should have been discovered. (Introduced 1/6/82.)

MICHIGAN

Power Plant Certification Act H-5531. Requires electric utilities to
file an advance plan spanning 15 years, including information on power
plant inventories, need for power forecasts, conservation programs and
construction schedules. Indicates procedures for submitting applications
for proposed facilities. (Introduced 3/9/82.)

Midwest Interstate Low-Level Radioactive Waste Compact H-5600. Would
enter the State as a party into the above compact, which provides for
the regional management of low-level waste. Initial eligible States to
the Compact include: Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky,
Maryland, Michigan, Minnesota, Missouri Nebraska, North Dakota, Ohio,
South Dakota, Virginia and Wisconsin. (Introduced 3/30/82.)

MINNESOTA

P.C.B. Hazards H-71. Proposes to study the actual and potential hazards
associated with the release of P.C.B.'s (polychlorinated biphenyls) by
power plants and industry. (Introduced 3/12/82.)

Waste Prohibition S-1965. Prohibits the waste management board from
certifying the use of facilities for disposal of radioactive waste.
(Amendment) (Introduced 3/10/82.)

NEW JERSEY

Department of Energy A-701. Abolishes the Department of Energy as a
principal department in the executive branch of the State government.
The Division of Energy Planning and Conservation, however, is continued
under the Department of Commerce and Economic Development. (Introduced
3/1/82.)

Nuclear Accident Fault Determination Act A-717. Establishes a hearing
procedure to determine the parties at fault as a result of an accident
at a power plant and to determine any rate increases which may ensue as
a result. (Introduced 2/8/82.)





-5-


NEW JERSEY Cont'd

Nuclear Arms Freeze A-799. Provides for the submission to the voters of
the State of a nonbinding referendum to ascertain their sentiment with
respect to the proposal of a freeze on further escalation of nuclear
arms. (Introduced 2/22/82.)

Radioactive Waste S-838. Prohibits the importation of out-of-State
radioactive wastes into New Jersey. (Introduced 2/1/82.)

Radioactive Shipments A-894. Requires drivers of certain types and
quantities of radiological shipments to produce their certificate of
handling when requested to do so by the State police or the Department
of Environmental Protection. Civil penalties are established for violations.
The bill also provides that, in cases where the shipment does not require
placarding on the outside of the vehicle, the operator will conspicuously
post a placard in the cab of the car bearing a warning and caution sign.
(Introduced 2/22/82.)

Electric Generation Facility Need Assessment Act S-975. Requires the
issuance of a certificate of need as a precondition to the construction,
substantial expansion and financing of certain electric generating
facilities. The certificate will be issued only after the Commissioner
of Energy determines that demand forecasts justify the need for additional
capacity. The bill also requires an annual review of the project.
(Introduced 2/8/82.)

Nuclear Arms Freeze S-1080. Would provide for the submission to voters
of a nonbdiding referendum to ascertain their sentiments with respect to
the proposal of a freeze on further escalation of nuclear arms. (Introduced
2/25/82.)

Waste Disposal S-1108. Prohibits the permanent disposal of radioactive
waste materials in the State. (Introduced 3/1/82.)

NEW YORK

Reactor Simulator A-810. Requires electric corporations to provide a
control room simulator within three miles of any operating plant which
would replicate the control room and be used for training reactor
operators at the plant. Operators must then demonstrate their ability
to deal safely with all operating conditions. Reports of their performance
will be made available to the State Energy Office and the Disaster
Preparedness Commission. Also requires appointment of nuclear plant
safety monitoring officers for each plant in the State. (Introduced
1/7/81.)

Emergency Preparedness S-8540. Amends the executive law in relation to
State and local natural and man-made disaster preparedness and repeals
certain provisions of the law. Provides for coordination between political
subdivisions in preparing disaster preparedness plans. (Introduced
3/11/82.)







-6-


NEW YORK Cont'd

Construction Referendums A-10212. Provides for referendums to be
conducted in service areas before power plant certifications may become
final. The service area is defined as any county where fifty percent or
more of the residents are served by the applicant. (Introduced 3/1/82.)

Public Service Commission A-10742, A-10840. Creates a Public Service
Commission and describes membership qualifications and election procedures.
(Introduced 3/10/82.)


RHODE ISLAND

United Nuclear S-2620. Requires United Nuclear to post a $20 million
bond with the State to cover any costs expended by the State to decontaminate
any areas due to activities of the corporation. The bond would be
required immediately upon the suspension or revocation of UNC's license
by the NRC. (Introduced 3/11/82.)

United Nuclear H-7596. Designates a unit within the Department of
Health as the State Radiation Control Agency. The amended form of the
bill requires the agency to disseminate, on a monthly basis, the schedule
for cleaning up radioactive materials at the United Nuclear plant and at
the sites of other radioactive accidents and spillages. (Introduced
3/9/82.)

SOUTH CAROLINA

Decommissioning H-3710. Establishes a trust fund and a special kilowatt
hour assessment for the accumulation of funds for the decommissioning of
each nuclear power plant in the State after they cease operations.
(Introduced 3/17/82.)


VERMONT

Nuclear Weapons Freeze JRH-55. Requests the President to propose to the
Soviet Union a mutual freeze on the testing, production and deployment.
of nuclear weapons and of missiles and new aircraft designed primarily
to deliver nuclear weapons with verification safeguards satisfactory to
both countries. (Introduced 3/4/82.)

WASHINGTON

Joint Operating Agencies H-1217. Establishes an executive board to
ensure sound business practices are employed by joint operating agencies
constructing, operating, terminating or decommissioning a nuclear power
plant. (Introduced 3/5/82.)





-7-


INTRODUCED RESOLUTIONS


CALIFORNIA

Waste Disposal SJR-27. Amends the previous bill by proposing an in-
ternational treaty to ban disposal of radioactive waste in the Pacific
Ocean, as specified. Also asks that the EPA provide Pacific Coast
States with prior notification of any changes in ocean dumping regulations,
before their publication in the Federal Register. Asks that EPA conduct
public hearings on the coast before adoption of any changes in such
regulations. (Introduced 9/10/82; Amended 2/16/82.)

Energy Concerns SR-33. Creates the Senate Special Committee on Energy
Costs to address and find solutions to the problem of escalating costs
of energy. The Committee will review all State laws and policies which
affect the development and sale of energy in the State, and will review
actions of State agencies in this respect. (Introduced 3/4/82.)


IDAHO

Standardized Nuclear Reactor HJM-19. Requests the President and Congress
to allow NRC and DOE to design and standardize a low-cost nuclear
reactor in the 500 MW range, preferably at the Idaho National Engineering
Laboratory. (Introduced 3/12/82.)


KENTUCKY

Tennessee Valley Authority SR-63. Commends the Board of Directors of
TVA for cancelling construction of their nuclear power plants in 1982.
(Introduced 3/16/82.)

Weapons Freeze SR-65. Encourages the governments of the U.S. and the
Soviet Union to immediately halt the testing, production and further
deployment of all nuclear weapons, missiles and delivery systems in a
way that can be checked and verified by both sides. (Introduced 3/16/82.)

Tennessee Valley Authority HR-85. Commends the Tennessee Valley Authority
for moving to cancel construction on three nuclear power plants in the
interest of conservation and economic development, in view of escalating
nuclear power costs, and in recognition of the abundance of coal in the
TVA area. (Introduced 3/11/82.)

Moratorium HR-89. Prohibits any nuclear power plants to be built in the
State. (Introduced 3/16/82.)







-8-


NEBRASKA

Low-Level Waste Compact LR-233. Urges the State to align itself with a
group of States and join the Central Interstate Low-Level Waste Compact
for the proper management of low-level waste. Declares it will join the
compact in its next legislative session. (Introduced 3/3/82.)

NEW JERSEY

Nuclear Accidents ACR-82. Requests the Federal Government to create a
National Nuclear Power Emergency Relief Fund, consisting of revenues
from licensing fees and fines imposed by the NRC to meet costs incurred
by citizens, States and public utilities as a result of accidents which
cause facility shutdowns, such as Three Mile Island. (Introduced 3/11/82.)

Certificates of Need ACR-88. Provides that the Proposed Rule Number
1982-90 by the Board of Public Utilities concerning the certificate of
need requirement for major electric and gas facilities would not take
effect for 60 days. The delay is needed so the Legislature may have
ample time to debate and consider how the determination of need process
can best be implemented. (Introduced 3/11/82.)

Energy Alternatives HR-162. Requests the Federal Government to turn
away from dependence on nuclear power and to consider alternative sources
of energy for America's needs. (Introduced 2/23/82.)

PENNSYLVANIA

Three Mile Island HR-163. Requests that the Federal government enact
legislation to provide tax credits to Metropolitan Edison Company
ratepayers equaling the amount of money it will cost each consumer for
the accident at TMI effective with the next fiscal year. (Introduced
2/23/82.)

TENNESSEE

Electricity Costs HR-107. Creates a special committee, to study the
methods or proceedings by which the Tennessee Valley Authority makes
decisions on the cost and availability of electric power, including
management costs. (Introduced 3/11/82.)






-9-


UTAH

Injuries from Nuclear Testing HCR-3. Requests applicable federal
agencies (DOE, NRC, etc.) to begin to assume their responsibilities for
injuries sustained to Utah residents as a result of the nuclear testing
in Nevada. (Introduced 1/15/82.)


WASHINGTON

Liability Costs SJM-131. Requests that Congress (1) make accidents as
a result of nuclear waste disposal and nuclear waste material transportation
also subject to the Price-Anderson Nuclear Liability Act; and (2) amend
the Price-Anderson Act by removing the present artificially low liability
limits in the act and provide for periodic adjustments to reflect changes
in costs associated with nuclear accidents. (Introduced 3/15/82.)

WPPSS Termination SCR-145. Allows the Legislature to act as a clearinghouse
for all information concerning WPPSS, to conduct public meetings and
obtain testimony from a wide range of viewpoints (including ratepayers),
monitor the budget progress and evaluate the effects of the WPPSS
termination and construction processes. (Introduced 3/3/82.)









UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON. 0. C. 20555

OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE, $300


POSTAQE AND Prss PAID
U.S. NUCLEAR REGULATORY
COMMISSION




UNIVERSITY OF FLORIDA
I I 6 08I III 11111 371111i 5Mi
3 1262 08332 375




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