QUESTIONS FROM CHAIRMAN PETE V. DOMENICI

Question 10:

How does the Department intend to fulfill its increased
responsibilities under the Low-Level Radioactive Waste Policy
Act Amendments of 1985, when in fact, the budget request for
FY 1987 is down 13 percent compared to FY 1986 levels?

Answer:

The Low-Level Radioactive Waste Policy Amendments Act of 1985
(Public Law 99-240) assigns several new responsibilities to
the Department of Energy (DOE). These include responsibility
for disposal of "greater-than-class C" non-DOE low-level
waste; management of an interest-bearing escrow account to
rebate to unsited States and regions 25 percent of disposal
fee surcharges where those States or regions meet certain
developmental milestones; and the allocation of up to
800,000 cubic feet of disposal capacity among the three
commercially-operated disposal sites for low-level
radioactive waste generated by utilities as a result of
unusual or unexpected operating, maintenance, repair, or
safety activities.

In addition, DOE is required to prepare several reports for
Congress, including (1) a report due in Janaury 1987 on how
it will ensure the safe disposal of greater-than-class C low-
level waste; (2) an annual report on (a) the progress of
States and compact regions in developing new disposal
capacity; (b) the practices of industry to manage, store,
treat, ship and reduce in volume low-level radioactive waste;

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and (c) projections for storage and disposal requirements for the following year; and (3) a report on how applicable States and regions expended the rebates from the escrow account of 25 percent of the disposal fee surcharges.

Finally, the Department is to provide assistance to States and compact regions to help them in developing new disposal facilities.

In FY 1986, the Department will establish the escrow account
and develop procedures for (1) providing the appropriate

disbursements to unsited States and regions or to the
disposal site host States should the required milestones not
be accomplished; and (2) allocating the 800,000 cubic feet of
disposal capacity for utility-generated wastes from unusual
or unexpected operating, maintenance, repair, or safety
activities. The "greater-than-class C" low-level waste study
will be conducted and the report to Congress is scheduled to
be completed by January 15, 1987. The report on the
expenditure of the escrow account funds will also be
submitted to Congress in FY 1987. In FY 1987, the annual
report required by Public Law 99-240 will provide an account
of the progress States and regions made in 1986 to develop
new disposal facilities and information about low-level waste
shipped to disposal sites. The other features of the annual
report on generator and industry practices will require time

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to conduct comprehensive surveys and to expand our analytical and data base capabilities. This information will be included in future reports as funds permit and information can be obtained.

Finally, the Department has not requested funds to provide any new financial assistance to States or regions in FY 1987. The Department feels that Federal support of State and regional disposal facility development should be limited to the provision of information, technical assistance and the evaluation of improved technologies for treating, packaging and disposing of low-level waste. Technical information will be available to help States and compact regions plan and conduct each required phase of low-level waste disposal facility development according to the milestone requirements in the Act. The budget request contains adequate funds to carry out a limited support role for the States and regions as well as meet DOE's responsibilities under the Act as described above.

DOE believes that since the disposal of low-level waste is the responsibility of the States, compact regions and States should provide the funds to develop low-level waste disposal sites without relying on the Federal Government for further direct financial support. In separating the responsibilities of the States and the Federal Government, we believe that the

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language of the Act also would encourage the States and

compact regions to develop financially independent means for their low-level waste management activities.

QUESTIONS FROM CHAIRMAN PETE V. DOMENICI

Question 11:

How much money is earmarked in the FY 1987 budget for
decommissioning of the Power Burst Facility in Idaho? Will
it ever be possible to resurrect this facility if it is later
required to pursue as yet unidentified safety research goals?

Answer:

The FY 1987 budget request includes $6 million under the
Surplus Facilities Management Program (SFMP) to begin Phase I
planning, documentation, and defueling of the Power Burst
Facility (PBF). This will result by the end of CY 1988 in
the PBF being placed in a "safe storage" condition pending
Phase II decommissioning. Phase II will not begin until
after 1992. Reactivation of the facility prior to final
decommissioning should not be precluded by any Phase I
defueling and inactivation.