1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 (4) conduct in situ tests under conditions representing the real time and the accelerated time behavior of the engineered barriers within the geologic environ ment; (5) conduct in situ tests to evaluate the effects of heat and pressure on the geologic media, on the hy drology of the surrounding area, and on the integrity of the disposal packages; (6) conduct in situ tests under both normal and abnormal repository conditions to establish safe design limits for disposal packages and gross release of radionuclides into surroundings, and the effects of various credible failure modes, including but not limited to— (A) seismic events leading to the coupling of aquifers through the Facility; (B) thermal pulses significantly greater than the maximum calculated; and (C) human intrusion creating a direct pathway to the biosphere; and (7) conduct such other research and development activities as the Secretary considers appropriate, including use of waste, spent fuel, or other radioactive materials for test and evaluation purposes, provided such other activities are reasonably necessary to sup port the repository program and there is reasonable as 44 1 surance that the radioactive sources will not threaten 2 the use of the site as a repository. 3 (d) The Secretary may also use existing Department 4 facilities for the conduct of generically applicable tests on the 5 packaging, handling, and emplacement technology for solidi6 fied high-level radioactive waste and spent fuel from civilian 7 nuclear activities during site characterization and for as long 8 as the Secretary deems appropriate. 9 (e) LIMITATIONS.-(1) The Test and Evaluation Facili10 ty shall not be used as a disposal facility unless so authorized 11 by the Commission pursuant to this Act or other applicable 12 law. If such Facility is located at the site of a repository, the 13 Secretary shall obtain the Commission's concurrence on the 14 decontamination and decommissioning of such Facility. 15 (2) If the site of the Test and Evaluation Facility is not 16 selected for a repository, then the Secretary shall conduct 17 only that part of the in-situ testing program required under 18 subsection (c) as the Secretary determines to be useful in 19 carrying out the purposes of this Act. 20 (3) The operation of the Test and Evaluation Facility 21 shall terminate within five years after the date the initial re22 pository begins operation, or sooner if the Secretary deter23 mines that the continued operation of the facility is not neces24 sary for research, development, and demonstration purposes. 45 1 (f) ENGINEERED BARRIERS.-The system of engi 2 neered barriers and selected geology shall have a design life 3 at least as long as that which the Commission requires by 4 regulations issued pursuant to this Act or the Atomic Energy 5 Act of 1954 for repositories. 6 (g) NUCLEAR REGULATORY COMMISSION ROLE.—(1) 7 Within one year from the date of the enactment of this Act, 8 the Secretary and the Commission shall reach a written un9 derstanding establishing the arrangements for consultation 10 and coordination in the planning, construction, and operation 11 of the Test and Evaluation Facility in accordance with this 12 Act. The understanding shall stipulate a schedule, consistent 13 with the dates specified in this Act, for the Secretary's sub14 mission of, and the Commission's review of and necessary 15 action on; 16 17 18 19 20 21 (A) The Mission Plan prepared pursuant to section 5; and (B) Such reports and other information as the Commission may reasonably require to evaluate any health and safety impacts of the Test and Evaluation Facility. 22 (2) The understanding shall stipulate the conditions 23 under which the Commission may have access to the Test 24 and Evaluation Facility for the purpose of assessing any 25 public health and safety concerns that it may have. 46 1 (3) The Test and Evaluation Facility and the facilities 2 authorized in section 12 shall be constructed and operated as 3 a research, development, and demonstration facilities and 4 shall not be deemed subject to licensing pursuant to section 5 202 of the Energy Reorganization Act of 1974. 6 (h) The Secretary shall enter into a written agreement 7 with the Governor of the State in which the Test and Evalu8 ation Facility site is located, or the tribal council of any 9 Indian tribe on whose reservation the Test and Evaluation 10 Facility site is located, establishing the arrangements for a 11 consultative and cooperative role in the construction and op12 eration of the Test and Evaluation Facility. The Secretary 13 shall report to the appropriate committees of Congress on the 14 status of his efforts pursuant to this subsection. 15 (i) The Secretary shall prepare an environmental assess16 ment prior to excavating major shafts for the Test and Eval17 uation Facility, and shall prepare an Environmental Impact 18 Statement pursuant to the National Environmental Policy 19 Act of 1969, prior to conducting tests with radioactive mate20 rials. Nothing in this subsection shall be construed to limit 21 site characterization activities conducted pursuant to section 22 7. This subsection shall apply only to those activities per23 formed exclusively for the Test and Evaluation Facility. 99-591 0-82--14 1 2 47 RESEARCH AND DEVELOPMENT ON SPENT FUEL SEC. 12. (a) The Secretary shall establish a demonstra3 tion program, in cooperation with the private sector, for the 4 dry storage of spent fuel at nuclear powerplant sites. Within 5 one year after the date of enactment of this Act, the Secre6 tary shall select at least one, but no more than three candi7 date sites at nuclear powerplants. In selecting the site or 8 sites, the Secretary shall give preference to utilities which 9 will soon have a shortage of interim storage capacity for 10 spent fuel. Subject to reaching agreement as provided for in 11 subsection (b), the Secretary shall undertake activities to 12 assist the utilities with demonstration projects at such sites, 13 which may use one of the following types of alternate storage 14 technologies: spent fuel storage casks, caissons, or silos. The 15 Secretary shall also undertake a cooperative program with 16 utilities to encourage the development of the technology for 17 spent fuel rod consolidation in existing reactor water storage 18 basins. 19 (b) To carry out the programs required under subsection 20 (a), the Secretary shall enter into a cooperative agreement 21 with the concerned utilities which specifies, at a minimum, 22 that 23 24 25 (1) the utility shall select the alternate storage technique, make the land and spent fuel available for the dry storage demonstration, submit and provide site |