Attachment 2

Washington
State Senate

Energy and Utilities Committee

4th Floor, Senate Office Building⚫ Olympia, Washington 98504 QW-41⚫ (206) 753-9107

May 24, 1983

Mr. Don Hodel, Secretary
U.S. Department of Energy
Washington, D.C. 20555

RE: DOE Implementation of Nuclear Waste Policy Act of 1982, and State
Financial Assistance

Dear Mr. Hodel:

In the final meeting of the Executive High-Level Waste Task Force
established by the Governor (E0-82-17) on May 20, 1983, discussion
evolved around recent discussions between Malachy Murphy of Davenport
and Murphy, Olympia, Washington and DOE officials in Washington, D.C.
(Messrs. Davenport and Murphy are presently on a short-term retainer for
legal services to the task force.) Mr. Murphy related that DOE
officials may take the position that federal financial assistance from
DOE for state consultation and participation in HLW repository
activities will be rendered to one source only: the Executive Branch.
(See attached copy of a memorandum to the Task Force of May 20, 1983.)

Nowhere in the Nuclear Waste Policy Act is there any mention that such
financial assistance should flow only to one branch. In fact, such an
interpretation by DOE would completely negate the intent of the
congressional act for executive and legislative participation as equally
representative branches of the citizens of this state.

In anticipation of legislative participation in the federal/state
consultation and information process, the Washington State Legislature
in its 1983 legislative session replaced the Executive High-Level Waste
Task Force with the Nuclear Waste Policy and Review Board under the
Department of Ecology. Under the latter structure, legislative
membership was doubled to signify the intent of the legislature that it
have a monitoring mechanism in the HLW repository siting process
conducted by the administration. At the same time, by specifically
defining this board as the "Executive Branch" participant, the
legislature expressly reserved to itself the right for separate input
into the federal HLW siting process (see attached copy of SB 3273).

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Moreover, our legislature in the same 1983 se sion reconstituted a Joint Committee on Science and Technology as the technical advisory arm to the legislature as a whole for conducting its independent technical critique of federal and other states' technical data relative to HLW repository site suitability. If your agency were indeed to deny direct financial assistance to the legislature the same as to the Executive, the ability of the Washington State Legislature to participate in the tederal HLW repository decisional process would be severely hampered and not at all in keeping with the spirit of the act.

Of equal importance, it has come to my attention that the BWIP Rockwell Hanford project director on April 26, 1983, released an "internal letter" saying that it is Rockwell's goal that Hanford become the first repository for long-term storage of nuclear wastes." (Emphasis added.) This attitude is in direct violation of the Nuclear Waste Policy act's mandate that each potential repository site receive the same scientific/ technical attention and investigation. On the face, DOE/BWIP program managers have consistently testified in public hearings before the respective Energy Committees of this legislature and in HLW Task Force briefings that the Hanford site is only one of several sites under DOE technical investigation and will not be favored over any other site currently under study, as such siting decisions will be based on purely scientific and technological conclusions. Needless to say, you can understand our concern when we find that in reality the Hanford site is being already promoted as the "first repository", when technical characterization reports are still outstanding on all the other potential candidate sites.

In light of the above, it is requested that action be taken on DOE's part as follows:

(1) Not to refuse any financial assistance to a state legislature making application therefor.

(2) We are also aware that you are about to commit a second $175,000 grant to the Executive to carry on his HLW consultation process with the federal government. We suggest that one half of this grant go to the legislature as a means to provide better participative balance.

I

AM PLEASED TO APPEAR BEFORE THE INTERIOR COMMITTEE TODAY TO DISCUSS LEGISLATIVE VIEWPOINTS REGARDING THE POTENTIAL SITING OF A WASTE REPOSITORY AT HANFORD, WASHINGTON.

I. NUCLEAR WASTE POLICY ACT IMPLEMENTATION

A. REPOSITORY SITE DEVELOPMENT

HIGH-LEVEL

WITH PASSAGE OF THE NUCLEAR WASTE POLICY ACT, CONGRESS ESTABLISHED A FEDERAL RESPONSIBILITY AND POLICY FOR THE DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL. THE U.S. DEPARTMENT OF ENERGY MUST STRICTLY FOLLOW THE SPIRIT OF THE LAW IN IDENTIFYING, RECOMMENDING AND DEVELOPING SUITABLE REPOSITORY SITES.

B. STATE PARTICIPATION (SEC. 116)

UNDER SECTION 116(A), THE U.S. DEPARTMENT OF ENERGY WITHIN 90 DAYS MUST NOTIFY THE GOVERNOR, LEGISLATURE AND AFFECTED INDIAN TRIBES THAT THEIR SPECIFIC LAND AREAS MAY CONTAIN A POTENTIALLY ACCEPTABLE REPOSITORY SITE. SUBSECTION (C) OF SECTION 116 PROVIDES FOR FINANCIAL GRANTS BY DOE TO EACH STATE NOTIFIED IN ACCORDANCE WITH SUBSECTION (A) ABOVE FOR THE PURPOSE OF PARTICIPATING IN ACTIVITIES REQUIRED BY

SECTIONS 116 AND 117 OF THE ACT.

C. CONSULTATION WITH STATES AND AFFECTED INDIAN TRIBES (SEC. 117)

UNDER SECTION 117 OF THE ACT, DOE, NRC AND ANY OTHER FEDERAL AGENCY INVOLVED IN REPOSITORY SITE CHARACTERIZATION, CONSTRUCTION, OPERATION OR REGULATION MUST PROVIDE TIMELY AND COMPLETE INFORMATION TO THE

GOVERNOR, LEGISLATURE AND INDIAN TRIBAL COUNCIL. FURTHER, DOE MUST CONSULT WITH THE GOVERNOR, LEGISLATURE AND TRIBAL COUNCIL IN A SPIRIT OF FEDERAL/STATE COOPERATION REGARDING THE PUBLIC HEALTH AND SAFETY AND ENVIRONMENTAL IMPACTS OF A REPOSITORY.

II. DEPARTMENT OF ENERGY DUTIES

NOWHERE IS THERE ANY
REFERENCE IN THE ABOVE SECTIONS PERTAINING TO
STATE CONSULTATION AND PARTICIPATION, OR IN ANY OTHER SECTION OF THE
ACT, WHICH WOULD SUGGEST THAT DOE MAKE SUCH FINANCIAL ASSISTANCE
AVAILABLE TO THE GOVERNOR ONLY OF A STATE. IT IS MY UNDERSTANDING,
HOWEVER, BASED ON COMMUNICATIONS BETWEEN DOE OFFICIALS IN WASHINGTON,
D.C. AND STAFF OF THE GOVERNOR'S HIGH-LEVEL WASTE TASK FORCE, THAT DOE
MAY INSIST SUCH FINANCIAL ASSISTANCE FLOW ONLY TO ONE SOURCE: THE
EXECUTIVE OF THE STATE. I HAVE ATTACHED A COPY OF A MEMORANDUM
INDICATIVE OF THIS DOE POSITION. SUCH AN INTERPRETATION OF THE
CONGRESSIONAL ACT WOULD COMPLETELY NEGATE THE SPECIFIC INTENT OF THE
ACT FOR BALANCED EXECUTIVE AND LEGISLATIVE PARTICIPATION THROUGHOUT
THE HLW REPOSITORY SITING PROCESS. As I WILL POINT OUT, THE
LEGISLATURE IN WASHINGTON IS TAKING STEPS NOW TO FIRM UP ITS
PARTICIPATION IN ESTABLISHING POLICY REGARDING NUCLEAR WASTE.

III. WASHINGTON STATE LEGISLATIVE ACTIONS

A. NUCLEAR WASTE POLICY AND REVIEW BOARD (SB 3273)

IN ANTICIPATION OF EXTENSIVE LEGISLATIVE INVOLVEMENT, OUR STATE LEGISLATURE IN ITS 1983 LEGISLATIVE SESSION PASSED SENATE BILL 3273, WHICH REPLACED THE GOVERNOR'S EXECUTIVE HIGH-LEVEL TASK FORCE WITH A

NUCLEAR WASTE POLICY AND REVIEW BOARD AND PLACED THE
EXISTING STATE AGENCY, THE DEPARTMENT OF ECOLOGY.
LEGISLATIVE MEMBERS OFFER THE OPPORTUNITY FOR

SAME UNDER AN

EIGHT NONVOTING

COOPERATION AND

COORDINATION BETWEEN THE EXECUTIVE AND LEGISLATIVE BRANCHES. THIS IN ITSELF IS A REFLECTION OF LEGISLATIVE COGNIZANCE OF THE GREAT STAKE THE CITIZENS OF WASHINGTON HAVE IN THE REPOSITORY SITING OUTCOME.

B. JOINT SCIENCE AND TECHNOLOGY COMMITTEE (HCR 3)

MOREOVER, IN ANTICIPATION OF STRONG INDEPENDENT LEGISLATIVE INVOLVEMENT IN THE FEDERAL HLW REPOSITORY SITING CONSULTATION AND PARTICIPATION ACTIVITIES, THE LEGISLATURE IN THE 1983 SESSION ALSO RECONSTITUTED THE JOINT SCIENCE AND TECHNOLOGY COMMITTEE AS A TECHNICAL ADVISORY ARM TO THE LEGISLATURE AS A WHOLE FOR ITS INDEPENDENT CRITIQUE OF FEDERAL AND OTHER STATES' TECHNICAL DATA AND INFORMATION PROVIDED TO THIS STATE. THIS LEGISLATIVE PREMISE HAS ALSO BEEN CLEARLY ENUNCIATED IN A LETTER TO DOE SECRETARY HODEL THAT THE WASHINGTON STATE LEGISLATURE INTENDS TO REQUEST DIRECT FINANCIAL ASSISTANCE FROM DOE UNDER THE S&T UMBRELLA TO ENABLE LEGISLATIVE PARTICIPATION IN THE FEDERAL DECISION PROCESS ON A COORDINATED AND EQUAL BASIS WITH THAT OF THE EXECUTIVE. AS WITH THE BOARD, THE EXECUTIVE WILL BE INVITED AND ENCOURAGED ΤΟ PARTICIPATE, ENSURING COOPERATION AND COORDINATION BETWEEN THE BRANCHES.

IV. HANFORD BASALT WASTE ISOLATION PROJECT

IN CONCLUSION, IT MUST BE REMEMBERED THAT WITH PASSAGE OF THE NUCLEAR WASTE POLICY ACT OF 1982, CONGRESS HAS TAKEN EXCLUSIVE AUTHORITY OUT OF THE HANDS OF THE DEPARTMENT OF ENERGY AND HAS GIVEN STATES THE