1. Katrina McMurrian Executive Director Nuclear Waste Strategy Coalition
NE High-Level Radioactive Waste Transportation Task Force 2018 Fall Meeting
Providence, Rhode Island
November 28, 2018
SNF Storage & Transportation for Shutdown & Decommissioning Plants – State Gov’t Perspective
Katrina McMurrian
Executive Director
Nuclear Waste Strategy Coalition

2. Outline
About the NWSC
The Agreement: Federal Gov’t / Utilities & Their Customers
Extended On-Site Storage
Implications of Extended On-Site Storage
Overview of NWSC Positions & Recent Outreach
Call for Leadership & Action
Closing Thoughts & Contact Info

3. Section I
About the NWSC

4. NWSC Formation & Membership
Formation of NWSC
Member-driven and member-led organization
State utility commissions
State consumer advocates
State energy officials
State radiation control officials
Tribal government
Local government
Nuclear-generating utilities & utilities w/ shutdown plants
Other subject matter experts

5. NWSC Leadership Executive Committee
3 State Utility Commissioners
Hon. Sarah Hofmann, VT PUC (Chair)
Hon. Julie Brown, FL PSC (Membership Officer)
Hon. Mike Huebsch, WI PSC (Communications Officer)
2 Utility Representatives
Mr. Renze Hoeksema, DTE Energy (Vice Chair)
Mr. Bob Capstick, 3 Yankee Companies (Finance Officer)
Executive Director Katrina McMurrian

6. NWSC Mission & Key Points
Mission: Spur federal action to timely remove and dispose of commercial nuclear waste & protect electric customers.
Activities:
Develop cohesive messages on behalf of diverse and credible coalition
Coordinate with other key stakeholder organizations
Communicate to Congress, federal agencies, stakeholders, the media
Inform members about relevant issues and events and provide opportunity for quick and effective input
Non-partisan; Not pro- or anti-nuclear

7. The Agreement: Federal Gov’t / Utilities & Their Customers
Section II
The Agreement: Federal Gov’t / Utilities & Their Customers

8. Agreement Per NWPA & Contracts
Nuclear Waste Policy Act (NWPA) of 1982
Authorized DOE to contract with utilities for DOE removal of spent nuclear fuel (SNF) starting in 1998 in return for fees
Contracts for Disposal between DOE & Utilities
Established legal requirements & operational responsibilities of utilities (payment of fees, etc.) and DOE (accept title and dispose of SNF, etc.)
1987 NWPA Amendments
Named Yucca Mountain (YM) as sole repository site
If YM found unsuitable, studies to be stopped, site restored, and DOE to report to Congress in 6 mos. on course of action

9. Action by Utilities & Their Customers: Nuclear Waste Fund Snapshot
NWF Payment Info as of Sept. 30, 2016 (Million Dollars)
Total NWF Contributions
1-Time Fee Outstanding
Allocation of Interest on NWF
Total Liabilities
US Total
21,191.0
3,084.1
22,427.8
46,703.0
Payments based on nuclear plant generation
Note: DOE suspended collection of fee in May 2014 as a result of a Nov USCA-DC decision in NARUC fee suspension case.
Source of Information: DOE
Compiled by: NEI, updated Feb. 2017

10. Action by Federal Gov’t: Snapshot
2002: Sec. of Energy recommended Yucca Mountain (YM) for the only repository & President approved; Nevada exercised state veto in April; Veto overridden by Congress by mid-July
2008: DOE submitted license app for YM repository to NRC
2010: Administration zeroed out YM funding, closed DOE’s OCRWM, created Blue Ribbon Commission (BRC) to “recommend a new strategy”
2011: NRC discontinued technical review of YM license app
2012: BRC on America’s Nuclear Future Report to DOE issued
2013: NRC restarts review of YM license app as directed by USCA-DC writ of mandamus (as long as appropriated funds last)
: NRC completion of Safety Evaluation Report (SER) and Supplemental EIS Statement (re groundwater impacts)

11. Key Questions
Has DOE removed commercial SNF from utility plant sites in accordance with its obligation under both the NWPA and contracts with utilities?
Are electric customers getting what was promised in exchange for substantial payments into the NWF?

12. Extended On-Site Storage
Section III
Extended On-Site Storage

13. Spent Nuclear Fuel in Storage
Credit: Nuclear Regulatory Commission

14. Permanently & Announced Shutdown Nuclear Plant Sites
Credit: Decommissioning Plant Coalition

15. Implications of Extended On-Site Storage
Section IV
Implications of Extended On-Site Storage

16. Implications on Electric Customers
Customers paid $.001/kWh of nuclear-generated electricity into NWF (approx. $750M/year) through May 2014, when collections stopped per court order.
Fee collections + accumulated interest (current rate approx. $1.5B/year) + outstanding pre-1983 fees = Approx. $48.7B in NWF receipts as of Sept. 30, 2017.
Spent on disposal program = Approx. $11B.
NWF balance = Approx. $37.7B as of Sept. 30, 2017.
Additional costs for utility dry cask storage, security, etc.

17. Implications on All US Taxpayers
Damages for unmet obligation (breach of contract) paid out of US Treasury’s Judgment Fund
Over $6.9B paid as of Sept. 30, 2017
About $0.8B paid annually over past several years
Estimated remaining future liability
$27.2B as of Sept. 30, 2017
Assumes FY 2019 restart of licensing activities
Uses timeframes in NWPA and YM License Application

18. Implications on Communities
Increasing concern SNF won’t be removed & dry casks not licensed for indefinite storage (e.g., Prairie Island)
In case of shutdown units (e.g., Maine Yankee), dry cask storage preventing other economic uses of property

19. Overview of NWSC Positions & Recent Outreach
Section V
Overview of NWSC Positions & Recent Outreach

20. NWSC Key Positions Permanent Disposal – Yucca Mountain License App
Consolidated Interim Storage (CIS) – Pilot CIS with Priority for Shutdown Plants
Transportation – Infrastructure + Assistance for Preparations by States & Tribes
Funding Reform – Access to Nuclear Waste Fund
Governance Reform – Re-establish OCRWM; Independent Organization

21. 6 Orgs Call for NW Funding (Oct.2017)
Congress must appropriate funds in FY 2018 for these critical elements of an effective NW program:
Completion of Yucca Mountain Licensing Review
Implementation of Pilot Consolidated Interim Storage (CIS) with Priority for Stranded Reactor Fuel
Preparation for SNF & Defense HLW Transportation

22. NWSC to DOE Secretary (Apr. 2018)
Called upon DOE to:
Continue longstanding support of, and collaboration with, states & tribes in SNF and HLW removal prep.
Allocate funds from FY18 appropriations to continue DOE’s full support of key orgs (SRGs & TRMTC) by:
Rescheduling canceled 2018 Transp. Core Group Mtgs.;
Resuming travel of key DOE-NE personnel to regional transportation meetings with SRGs and TRMTC;
Resuming DOE’s NTSF ad hoc working groups on Section180(c) Policy and SNF Rail/Routing; and
Avoiding future curtailment of these important efforts.

23. 4 Orgs Call for Action (Nov. 2018)
Now (before 2018 sine die) is the time for Congress to:
Proactively pursue any legislative vehicle to secure funding for Yucca Mountain licensing review and CIS.
Engage on solution that assures sustainable access to NWF to complete repository licensing and opening in tandem with path for DOE to partner with private sector to develop CIS.

24. Call for Leadership & Action
Section VI
Call for Leadership & Action

25. Calling on Federal Government
Administration
Congress: House & Senate
President
Leadership
Office of Management & Budget (OMB)
Authorizers
Appropriators
Department of Energy (DOE)
Budget Leaders
Congressional Budget Office (CBO)
Nuclear Regulatory Commission (NRC)

26. Answering the Call? Current Administration FY 2019 Request:
$120M to DOE for YM + “Robust” Interim Storage (= FY18 request)
$47.7M to NRC for YM licensing ($30M in FY18 request)
DOE Secretary Perry positive statements, YM tour, etc.
DOE to re-establish OCRWM?
DOE re transportation initiatives?
NRC spending NWF carryover on certain YM license app-related prep work, incl. Licensing Support Network (LSN)
NRC license applications for CIS facilities in TX & NM

27. Answering the Call? (cont.)
Congress – Energy & Water Appropriations FY 2019
House: $267.7 M for YM licensing ($100 M over Admin req.)
Senate: $35.3 M for Integrated Waste Mgmt. System activities (up to $10 M to contract for CIS pilot, incl. w/ private entity)
Minibus incl. EWD (H.R. 5895): YM licensing = $0; CIS pilot = $0
Congress – Authorizations
H.R.3053, NWPAA of (IL Rep. Shimkus cosponsors) – passed E&C 49-4 June 2017 & US House May 2018!
Senate NW Administration Act of 2015 (Sens. Murkowski, Cantwell, Alexander, Feinstein) – to be re-introduced?

28. H.R. 3053 (Shimkus) Passed by House
Permanent Disposal/Yucca Mountain
reinforces NWPA; provides land withdrawal; raises cap to 110,000 MTs
Consolidated Interim Storage
authorizes Monitored Retrievable Storage (MRS); 1 MRS pilot not linked to NRC decision on YM with $150 M & priority for stranded SNF
Funding Reform
prevents restart of fee collection until NRC decision on YM and DOE fee-adequacy assessment; provides access to NWF balance
Governance Reform
reinforces OCRWM; provides up to 10-yr tenure for OCRWM Director
Transportation
authorizes additional appropriations for 180(c) transportation work

29. Calling on Stakeholders
Nuclear Industry & Associations – Operating & Shutdown Plants, Vendors/Suppliers
State Officials & Associations – Governors, AGs, PUCs, Consumer Advocates, Legislators
Nuclear/Clean Energy Supporters
Tribal Officials
Local Officials
Yucca Mtn. Supporters
Impacted Communities
CIS Supporters
Trade Press

30. Section VII
Closing Thoughts & Contact Info

31. Closing Thoughts
Timely resolution of NW disposal problem is in public interest; is achievable; helps preserve nuclear option. However, federal government has largely avoided responsibility and action.
NWPA still the law, and future liability can be avoided.
Support YM license app review and CIS pilot.
Support transportation prep work by states & tribes.
Often, crisis or consensus needed to spur ACTION.
Please join NWSC in pursuing consensus!

32. Twitter: @NWSCoalition
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