BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AJR 29| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AJR 29 Author: Chávez (R), et al. Amended: 5/27/16 in Assembly Vote: 21 SENATE ENERGY, U. & C. COMMITTEE: 10-0, 6/21/16 AYES: Hueso, Morrell, Cannella, Gaines, Hertzberg, Lara, Leyva, McGuire, Pavley, Wolk NO VOTE RECORDED: Hill ASSEMBLY FLOOR: 71-0, 5/27/16 - See last page for vote SUBJECT: Interim Consolidated Storage Act of 2015: San Onofre Nuclear Generating Station SOURCE: Author DIGEST: This resolution urges Congress to pass the Interim Consolidated Storage Act of 2015 (House Resolution (H.R.) 3643), and the United States Department of Energy (US DOE) to implement the prompt and safe relocation of spent nuclear fuel from the San Onofre Nuclear Generating Station (SONGS) to a licensed and regulated interim consolidated storage facility. ANALYSIS: Existing federal law, under the Nuclear Waste Policy Act of 1982 (NWPA) (42 U.S.C. §10101, et seq.): 1)Establishes a comprehensive federal program for the safe, permanent disposal of radioactive wastes. AJR 29 Page 2 2)Requires the federal government to take possession of and permanently dispose of spent nuclear fuel generated at civilian nuclear reactors. 3)Supports the use of deep geologic repositories for the safe storage and/or disposal of radioactive waste. Establishes procedures to evaluate and select sites for geologic repositories and for the interaction of state and federal governments. 4)Directs the US DOE to consider Yucca Mountain, Nevada as the primary site for the first geologic repository. 5)Prohibits the US DOE from conducting site specific activities at a second site unless authorized by Congress. 6)Establishes a commission to study the need and feasibility of a monitored retrievable storage facility. Existing state law: 1)Prohibits any nuclear fission thermal powerplant requiring the reprocessing of fuel rods from being permitted unless the federal government has identified and approved, and there exists a technology for the construction and operation of, nuclear fuel rod reprocessing plants. (Public Resources Code §§25524.1 - 25524.3) 2)States, pursuant to the California Nuclear Facility Decommissioning Act of 1985, that the citizens of California should be protected from exposure to radiation from nuclear facilities. (Public Utilities Code §8321, et seq.) 3)Requires the California Energy Commission (CEC) to assess existing scientific studies to determine the vulnerability of very large generation facilities (1,700 megawatts or greater) to major disruptions due to aging or major earthquake and the resulting impacts on reliability, public safety, and the economy. Requires the CEC, in the absence of a long-term nuclear waste storage facility, to assess the potential state and local costs and impacts associated with accumulating waste at California's nuclear powerplants. (Public Resources Code §25303) AJR 29 Page 3 This resolution urges the passage of the Interim Consolidated Storage Act of 2015 and urges the US DOE to implement the prompt and safe relocation of spent nuclear fuel from SONGS to a licensed and regulated interim consolidated storage facility. Background The United States Congress is currently considering a bill - H.R. 4745 - that would amend the NWPA 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 and take title to certain high-level radioactive waste and spent nuclear fuel. As used in the House bill, the term "interim consolidated storage facility" means a facility that possesses a specific license issued by the Nuclear Regulatory Commission (NRC) that authorizes storage of high-level radioactive waste or spent nuclear fuel received from the Secretary or from two or more persons that generate or hold title to high-level radioactive waste or spent nuclear fuel generated at a civilian nuclear power reactor. [A bill to create an Interim Consolidated Storage Act 2016, 114th Cong., 2016 H.R. 4745, (accessed April 13, 2016); available from govtrack.com ] Federal Nuclear Waste Policy. Under the provisions of the NWPA of 1982, the federal government has responsibility for managing spent nuclear fuel produced by commercial reactors, and generators are responsible for bearing the costs of permanent disposal. The NWPA authorizes and requires the US DOE to locate and build a permanent repository and an interim storage facility and to develop a system to safely transport spent fuel from nuclear power plants to the repository and interim storage facility. In 1987, Congress designated Yucca Mountain, a complex of underground tunnels in Nevada, as a federal long-term geological repository for nuclear waste. However, the Obama Administration has decided not to use the site and has appointed the Blue Ribbon Commission on America's Nuclear Future (Commission) to find a solution for permanent storage. The Commission recommended that efforts be made to develop a permanent disposal site for spent nuclear fuel and high-level radioactive waste. AJR 29 Page 4 Plant owners thus continue to be responsible for the safe storage of their spent fuel. Nuclear power in California. There are four nuclear power plants in California: the Diablo Canyon Power Plant, the Humboldt Bay Nuclear Power Plant, the Rancho Seco Nuclear Power Plant, and SONGS, the latter three of which have been closed or decommissioned, including: 1)The Humboldt Bay Nuclear Power Plant, located near Eureka, which was closed in 1976 due to seismic concerns. In December 2008, PG&E finished moving the spent nuclear fuel into dry cask storage on site. That plant was placed in Safe Storage (SAFSTOR) until anticipated full decommissioning in future years. SAFSTOR is one of the options for nuclear decommissioning of a shut-down plant governed under the United States NRC. 2)The Rancho Seco Nuclear Power Plant, located about 25 miles southeast of Sacramento, was in operation until 1989 when it was closed by public referendum. In 1996, the NRC approved a decommissioning plan for the plant. Remaining onsite are 493 spent fuel assemblies. Since no suitable disposal facility exists for any of the material, the Sacramento Municipal Utility District spends $6 million per year to safely manage it. 3)The SONGS, located midway between Los Angeles and San Diego, went offline in January 2012 and was ordered by the NRC to stay offline while tubing wear issues were investigated. Subsequently, plant owners announced in June 2013 that remaining Units 2 and 3 would be permanently retired (Unit 1 was closed in 1992). The storage canisters used in SONGS are designed for a lifetime of 40 years. As of 2011, SONGS had an estimated 1,430 tons of spent nuclear waste on-site. The remaining operating nuclear power plant in California is Diablo Canyon Power Plant in San Luis Obispo County. Licenses for the two reactors expire in 2024 and 2025, respectively. The storage canisters used at Diablo Canyon are designed for a lifetime of 50 years. As of 2011, Diablo Canyon had approximately 1,126 tons of spent fuel located at its facility. AJR 29 Page 5 Since 1976, California has banned the construction of new nuclear plants until a federal long-term waste disposal repository is operating. Natural disaster. According to the 2007 State Working Group on Earthquake Probabilities, California faces a 99.7 percent chance of a magnitude 6.7 or larger earthquake during the next 30 years. The likelihood of an even more powerful quake of magnitude 7.5 or greater in the next 30 years is 46 percent. According to the powerplant's owner, SONGS is designed to withstand a magnitude 7.0 earthquake. SONGS is located five miles away from the Rose Canyon fault, which has the potential to reach a magnitude 6.9 to 7.2 earthquake. H.R. 4745 allows nuclear waste from SONGS to be temporarily stored off site. If the bill passes, it would (1) allow the Secretary of Energy to enter into contracts and settle agreements with NRC - licensed nuclear reactor operators in order to move used fuel and high level nuclear waste into an interim consolidated storage facility; (2) provide a priority for removal of used fuel and high-level nuclear waste for storage at sites where there is no longer an operating nuclear reactor (like SONGS); and (3) maintain the principal balance in the federal Nuclear Waste Fund designated for Yucca Mountain, and authorize the interest paid on the fund to be used for titles fees and the safe transportation of the used fuel or high-level nuclear waste from the decommissioned reactor to the interim consolidated storage facility. Related/Prior Legislation SJR 23 (Bates, 2016) urges Congress to pass the Interim Consolidated Storage Act of 2016 (H.R. 4745) and the US DOE to implement the prompt and safe relocation of spent nuclear fuel from SONGS to a licensed and regulated interim consolidated storage facility. The resolution is waiting to be consideration on the Assembly Floor. H.R. 3643 (Michael Conaway, 11th Congressional District, 2015) amends the NWPA of 1982 to authorize the US DOE to enter into new contracts (or modify existing contracts) with the licensee of an interim consolidated storage facility in order to take title to and store in it either high-level radioactive waste or spent nuclear fuel of domestic origin. The bill is waiting to be considered in the House Energy and Commerce Subcommittee on AJR 29 Page 6 Environment and the Economy. H.R. 4745 (Mick Mulvaney, 5th Congressional District) amends the NWPA 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 and take title to certain high-level radioactive waste and spent nuclear fuel. The bill is waiting to be considered in the House Committee on Energy and Commerce. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified6/21/16) None received OPPOSITION: (Verified6/21/16) None received ARGUMENTS IN SUPPORT: The author asserts: The California Legislature needs to urge the Federal government to find adequate and safe interim storage for the spent nuclear fuel from SONGS so that residents living in the surrounding communities are safe from a potentially dangerous situation if a natural disaster should occur. Specifically, it is important to find interim storage to remove spent nuclear fuel as soon as possible because of the vulnerable location of the SONGS plant. The waste from the SONGS sits near an active fault line, adjacent to the heavily-trafficked Interstate 5 and the Pacific Ocean. ASSEMBLY FLOOR: 71-0, 5/27/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, Chávez, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger Hernández, Holden, Irwin, Jones, AJR 29 Page 7 Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Brough, Brown, Chiu, Dodd, Grove, Hadley, Melendez, O'Donnell, Ting Prepared by:Jay Dickenson / E., U., & C. / (916) 651-4107 6/22/16 15:15:27 **** END ****