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AGENDA STAFF REPORT
DATE: June 27, 2016
TO: Honorable Mayor and City Council
FROM: Jill R. Ingram, City Manager
SUBJECT: LEGISLATIVE ADVOCACY: HOUSE RESOLUTION 3643
SUMMARY OF REQUEST:
That the City Council approve and authorize the Mayor to execute Resolution No.
6654 in support of House Resolution (H.R.) 3643, the Interim Consolidated
Storage Act of 2015.
BACKGROUND AND ANALYSIS:
The Nuclear Waste Policy Act of 1982 assigned the task of creating an
underground repository for nuclear waste, including spent nuclear fuel, to the
Department of Energy.
On June 12, 2013, Southern California Edison notified the Nuclear Regulatory
Commission (NRC) that operations at the San Onofre Nuclear Generating
Station (SONGS) had permanently ceased. SONGS is located approximately
forty-nine miles from the City of Seal Beach.
H.R. 3643 was sponsored and introduced to the House Energy and Commerce
Committee on September 29, 2015. Its purpose is to amend the Nuclear Waste
Policy Act of 1982 to authorize the Secretary of Energy to enter into contracts for
the storage of certain high-level radioactive waste and spent nuclear fuel, take
title to certain high-level radioactive and spent nuclear fuel, and make certain
expenditures from the Nuclear Waste Fund. This would allow interim
consolidated storage facilities or monitored retrievable storage sites to be utilized
versus waiting for the construction of a permanent storage facility for spent
nuclear fuel.
More than 7 million Californians live within fifty miles of SONGS, including
residents of Seal Beach. We remain deeply concerned that the accumulated
high-level radioactive waste will remain at SONGS — either in liquid pools or dry
casks — for an indefinite period of time due to the lack of a national or regional
repositories. Given the seismic and related tsunami threats that exists in the
region, long-term storage of this radioactive material at the SONGS site is simply
unacceptable.
Agenda Item I
The City of Seal Beach's first priority is the health and safety of the residents and
visitors and H.R. 3643 would allow movement of the spent nuclear fuel currently
located at SONGS to an interim spent nuclear fuel storage facility until a
permanent repository can be completed.
The cities of San Clemente, Laguna Beach, Laguna Woods, and Dana Point
have formed an ad hoc group, the Concerned Coastal Communities Coalition, to
ensure the passage of H.R. 3643 and have requested that the City of Seal Beach
support this bill.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed the proposed resolution and approved as to
form.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
RECOMMENDATION:
That the City Council approve and authorize the Mayor to execute Resolution No.
6654 in support of House Resolution (H.R.) 3643, the Interim Consolidated
Storage Act of 2015.
SUBMITTED BY:
- 41 , tuk,,t.L.
Jill jr gram
Ci anager
Prepared by: Patrick Gallegos, Assistant City Manager
Attachments:
A. House Resolution 3643
B. Resolution 6654
Page 2
Attachment 66A"
Attachment 3
I
114TH CONGRESS H. R.• 3643
1ST SESSION
To amend the Nuclear Waste Policy Act of 1982 to authorize the Secretary
of Energy to enter into contracts for the storage of certain high-level
radioactive waste and spent nuclear fuel, take title to certain high-
level radioactive waste and spent nuclear fuel,and make certain expendi-
tures from the Nuclear Waste Fund.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 2015
Mr. CONAWAY(for himself, Mr. IssA, Mr. COURTNEY, Mr. SAM JOHNSON Of
Texas, Mr. NEUGEBAUER, Mr. FARENTHOLD, Ms. MATSUI, Ms. PIN-
GREE, Ms. GRANGER, Mr. GENE GREEN of Texas, Mr. MARCHANT, Mr.
CULBERSON, Mr. SMITH of Texas, and Mr. CARTER of Texas)introduced
the following bill;which was referred to the Committee on Energy and
Commerce
A BILL
To amend the Nuclear Waste Policy Act of 1982 to authorize
the Secretary of Energy to enter into contracts for the
storage of certain high-level radioactive waste and spent
nuclear fuel, take title to certain high-level radioactive
waste and spent nuclear fuel, and make certain expendi-
tures from the Nuclear Waste Fund.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
2-2-16/9A-7
2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the "Interim Consolidated
3 Storage Act of 2015".
4 SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE
5 FACILITY.
6 Section 2 of the Nuclear Waste Policy Act of 1982
7 (42 U.S.C. 10101) is amended by adding at the end the
8 following new paragraph:
9 "(35) The term `interim consolidated storage
10 facility' means a facility that possesses a specific li-
11 cense issued by the Commission that authorizes stor-
12 age of high-level radioactive waste or spent nuclear
13 fuel received from the Secretary or from two or more
14 persons that generate or hold title to high-level ra-
15 dioactive waste or spent nuclear fuel generated at a
16 civilian nuclear power reactor.".
17 SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL
18 RADIOACTIVE WASTE AND SPENT NUCLEAR
19 FUEL.
20 (a) STORAGE OF SPENT NUCLEAR FUEL.--Section
21 135(h) of the Nuclear Waste Policy Act of 1982 (42
22 U.S.C. 10155(h)) is amended by striking "Notwith-
23 standing any other provisions of law" and inserting "Ex-
24 cept as provided in section 302, and subtitle I of title I".
*BR 3643 In
2-2-16/9A-8
3
1 (b) INTERIII CONSOLIDATED STORAGE.—Title I of
2 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121
3 et seq.) is amended by adding at the end the following:
4 "Subtitle I—Interim Consolidated
5 Storage
6 "SEC. 190. INTERIM CONSOLIDATED STORAGE.
7 "(a) IN GENERAL.—The Secretary may enter into
8 contracts for the storage of high-level radioactive waste
9 or spent nuclear fuel with any person that holds a license
10 for an interim consolidated storage facility.
11 "(b) DEFINITION OF HIGH-LEVEL RADIOACTIVE
12 WASTE.---For purposes of this subtitle and section 302,
13 the term `high-level radioactive waste' includes Greater
14 than Class C waste as defined in section 72.3 of title 10,
15 Code of Federal Regulations. Nothing in this section or.
16 section 191 shall be interpreted to affect existing judicial
17 interpretation of the term high-level radioactive waste or
18 to require the disposal of Greater than Class C waste in
19 a repository.
20 "SEC. 191. CONTRACTS.
21 "(a) IN GENERAL.—The Secretary may enter into
22 new contracts or modify existing contracts with any person
23 who generates or holds title to high-level radioactive waste
24 or spent nuclear fuel of domestic origin for the acceptance
25 of title and subsequent storage of such waste or fuel at
•HR 3643 IH
2-2-16/9A-9
4
1 an interim consolidated storage facility, with priority for
2 storage given to high-level radioactive waste and spent nu-
3 clear fuel located on sites without an operating nuclear
4 reactor.
5 "(b) CONTRACT TE1 rS.A contract entered into or
6 modified under this section shall provide that acceptance
7 by the Secretary, and transfer of title under subsection
8 (d), of any high-level radioactive waste or spent nuclear
9 fuel for an interim consolidated storage facility satisfies
10 the Secretary's responsibility under a contract entered
11 into under section 3O2(a) to accept title to such waste or
12 fuel for disposal, with respect to such accepted waste or
13 fuel.
14 "(c) LIMITATION.—The Secretary shall not require a
15 person to settle claims against the United States for the
16 breach of a contract entered into under section 302(a) for
17 the disposal of high-level radioactive waste or spent nu-
18 clear fuel as a condition precedent of entering into or
19 modifying a contract under this section.
20 "(d) TITLE TO MATERIAL.—Delivery, and acceptance
21 by the Secretary, of any high-level radioactive waste or
22 spent nuclear fuel for an interim consolidated storage fa-
23 cility shall constitute a transfer to the Secretary of title
24 to such waste or fuel.".
•HR. 8843 IIi
2-2-16/9A-10
5
1 (c) NUCLEAR WASTE FUND.—Section 302(d) of the
2 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d))
3 is amended-
4 (1) in paragraph (4), by striking "in a mou-
5 itored, retrievable storage site" and inserting "in an
6 interim consolidated storage facility or monitored re-
7 trievable storage site,";
8 (2) in paragraph (5)--
9 (A) by striking "a monitored, retrievable
10 storage site" and inserting "an interim consoli-
11 dated storage facility site, a monitored retriev-
12 able storage site,";
13 (B) by striking "such repository, mon-
14 itored, retrievable storage facility" and insert-
15 ing "such repository, interim consolidated stor-
16 age facility, monitored retrievable storage facil-
17 ity,"; and
18 (C) by striking "; and" and inserting a
19 semicolon;
20 (3) by redesignating paragraph (6) as para-
21 graph (7);
22 (4) by inserting after paragraph (5) the fol-
lowing:
24 "(6) the fees and costs in connection with the
25 storage of high-level radioactive waste or spent nu-
•IIIt 3643 111
2-2-16/9A-11
6
1 clear fuel in an interim consolidated storage facility;
2 and"; and
3 (5) by inserting "For purposes of the preceding
4 sentence, fees and costs described in paragraph (6)
5 shall not be considered amounts for the construction
6 or expansion of any facility." after "this or subse-
7 quest legislation.".
8 (d) APPROPRIATIONS FIOM THE WASTE FUND.-
9 Section 302(e)(2) of the Nuclear Waste Policy Act of 1982
10 (42 U.S.C. 10222(e)(2)) is amended-
11 (1) by inserting "(A)" before "The Secretary
12 shall submit"; and
13 (2) by adding at the end the following:
14 "(B) Notwithstanding subparagraph (A), subject to
15 subparagraph (C), necessary amounts shall be available to
16 the Secretary from the Waste Fund without additional ap-
17 propriations to pay for the following:
18 "(i) Costs described in subsection (d)(4) in con-
19 nection with storage in an interim consolidated stor-
20 age facility.
21 "(ii) Costs described in subsection (d)(5) in
22 connection with an interim consolidated storage fa-
23 cilit3r.
24 "(iii) Fees and costs described in subsection
25 (d)(6).
•FIR 3643 Di
2-2-16/9A-12
7
1 "(C) The Secretary shall not expend, on fees for dry
2 modes of storage of high-level radioactive waste or spent
3 nuclear fuel, amounts totaling more than the cumulative
4 amount of interest generated by the Waste Fund each fis-
5 cal year, beginning in fiscal year 2016.".
0
•RR 3643 ix
2-2-16/9A-13
Attachment "B"
RESOLUTION NUMBER 6654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, IN SUPPORT OF H.R. 3643, THE INTERIM
CONSOLIDATED STORAGE ACT OF 2015
WHEREAS, millions of ratepayers and taxpayers dollars are being spent on the
monitoring and oversight of Spent Nuclear Fuel (SNF) each year
and millions more are programmed to be spent on settlement
payments related to waste disposition; and
WHEREAS, much of the SNF and High Level Radioactive Waste (HLW) is
currently stored at sites that are vulnerable to natural disasters and
located near large metropolitan centers; and
WHEREAS, the United States Department of Energy concluded in 2013 that a
geological repository for the permanent disposal of SNF and HLW
will not be available until 2048, at the earliest; and
WHEREAS, the President's Blue Ribbon Commission on America's Nuclear
Future recommended that efforts be made to advance consolidated
SNF and HLW interim storage facilities while further efforts are
made to develop a permanent disposal site; and
WHEREAS, the SNF at the San Onfofre Nuclear Generating Station, a
decommissioned site, should be promptly and safely moved to a
Consolidated Storage site, which is one of the recommendations of
the President's Blue Ribbon Commission on America's Nuclear
Future and is proposed by H.R. 3643, the Interim Consolidated
Storage Act of 2015.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal
Beach hereby:
Section 1. The City Council supports the passage of H.R. 3643 and urges the
Department of Energy to implement prompt and safe relocation of
Spent Nuclear Fuel from SONGS to a licensed and regulated
Interim Consolidated Storage Facility, and supports the
development and passage of complementary legislation.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 27th day of June , 2016 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6654 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 27th day
of June , 2016.
Robin L. Roberts, City Clerk