BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SJR 23


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          Date of Hearing:  June 15, 2016


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                  Mike Gatto, Chair


          SJR  
          23 (Bates) - As Introduced March 28, 2016


          SENATE VOTE:  37-0


          SUBJECT:  Interim Consolidated Storage Act of 2016:  San Onofre  
          Nuclear Generating Station


          SUMMARY:  Urges the Congress of the United States to pass the  
          Interim Consolidated Storage Act of 2016 and implement  
          relocation of spent nuclear fuel from the San Onofre Nuclear  
          Generating Station (SONGS).  Specifically, this resolution:  


          1)Urges the passage of House Resolution (H.R.) 4745, the Interim  
            Consolidated Storage Act of 2016.


          2)Urges the United States Department of Energy (US DOE) to  
            implement the prompt and safe relocation of spent nuclear fuel  
            from SONGS to a licensed and regulated interim consolidated  
            storage facility.


          EXISTING LAW: 










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          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  
            Sections 25524.1 to 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 Section 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, assess the potential state and  
            local costs and impacts associated with accumulating waste at  
            California's nuclear powerplants.  (Public Resources Code  
            Section 25303)


          FISCAL EFFECT:  Unknown.  This resolution is keyed non-fiscal by  
          the Legislative Counsel.


          COMMENTS:  


          1)Author's Statement: "For decades, the federal government has  
            made promises to provide for the safe storage of America's  
            nuclear waste.  The failure of the government to act on its  
            duty to take possession and provide safe storage of nuclear  
            waste has beleaguered communities across the nation, including  
            areas surrounding the SONGS. [?] The Interim Consolidated  
            Storage Act creates an innovative solution to a long-debated  
            problem.  This resolution would allow regions volunteering to  








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            host an interim waste storage facility to serve the needs of  
            communities around the country that have nuclear waste. [?]  
            The Interim Consolidated Storage Act is a reasonable,  
            bipartisan step toward making American communities safer."  


          2)Background: California has one operational nuclear power plant  
            and a number of plants that are no longer in service: 


              ------------------------------------------------------------- 
             |             Nuclear Power Plants in California              |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             | Name  |  Capacity  |   Period In    |         Owner         |
             |  of   |    (MW)    |    Service     |                       |
             | Plant |            |                |                       |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |                        Diablo Canyon                        |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |Unit 1 |1,073       |1985            |PG&E                   |
             |Unit 2 |1,087       |1986            |PG&E                   |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |                         San Onofre                          |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |Unit 1 |436         |1968 - 1992     |SCE/SDG&E              |
             |Unit 2 |1,070       |1983            |SCE/SDG&E              |
             |Unit 3 |1,080       |1984            |SCE/SDG&E              |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |                        Humboldt Bay                         |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |Unit 3 |65          |1963 - 1976     |PG&E                   |
             |*      |            |                |                       |








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              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |                         Rancho Seco                         |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |       |913         |1975 - 1989     |SMUD                   |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |                         Vallecitos                          |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |       |30          |1957 - 1967     |PG&E/GE                |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |                        Santa Susana                         |
              ------------------------------------------------------------- 
              ------------------------------------------------------------- 
             |       |7.5 to 20   |1957 - 1964     |SCE                    |
             |       |(electric)  |                |                       |
              ------------------------------------------------------------- 


          3)Spent Fuel: Nuclear fuel rods are ceramic pellets of uranium  
            oxide (UO2), about the size of a finger joint, stacked and  
            sealed inside a long metal tube (cladding) about as big around  
            as a Sharpie pen. The space between the pellets and cladding  
            is filled with helium. "Spent fuel" refers to fuel used in a  
            commercial nuclear reactor that has been removed because it  
            can no longer economically sustain a nuclear reaction.


            According to SCE's Irradiated Fuel Management Plan filed with  
            the Nuclear Regulatory Commission:


                   The safe initial interim storage of SONGS Units 2  
                   and 3 irradiated fuel will be "wet storage" in  
                   each unit's respective spent fuel pool. The spent  
                   fuel pools will be isolated from their normal  








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                   support systems and those systems replaced by  
                   stand-alone cooling and filtration units (also  
                   termed a "spent fuel pool island"). Doing so  
                   facilitates earlier system abandonment and  
                   parallel decommissioning activities. 


                   Subsequently, all irradiated fuel in the SONGS  
                   Units 2 and 3 spent fuel pools will be safely  
                   transferred to "dry storage" at the common  
                   Independent Spent Fuel Storage Installation  
                   (ISFSI) located on the SONGS site. Dry storage is  
                   also considered interim storage pending transfer  
                   to the US DOE.


                   A total of 1,726 irradiated fuel assemblies have  
                   been generated in SONGS Unit 2 and1,734 irradiated  
                   fuel assemblies have been generated in SONGS Unit  
                   3, for a total of 3,460 irradiated fuel  
                   assemblies. At present, 792 SONGS Units 2 and 3  
                   irradiated fuel assemblies have already been  
                   transferred to the common ISFSI. The remaining  
                   2,668 irradiated fuel assembles will be loaded  
                   into Dry Shielded Canisters (DSCs) and transferred  
                   to the ISFSI. 


                   The current ISFSI is located inside the Owner  
                   Controlled Area. It was constructed to accommodate  
                   SONGS Unit 1 irradiated fuel and provides  
                   additional capacity for a limited amount of SONGS  
                   Units 2 and 3 irradiated fuel.


                   The ISFSI currently contains 18 DSCs storing Unit  
                   1 fuel and Greater than Class C (GTCC) waste. 










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                   The ISFSI also contains 33 DSCs which store Units  
                   2 and 3 fuel.


            Also according to the SCE document:


               "The current plans are to obtain necessary permits for the  
               ISFSI to be expanded to accommodate the remaining inventory  
               of the SONGS Units 2 and 3 spent fuel pools."


            And:


               "This plan is based upon a 2024 start date for U.S. DOE  
               acceptance of spent fuel from the industry and the SONGS  
               Units 2 and 3 positions in the queue. ? SCE is therefore  
               assuming all fuel will be removed from the SONGS site as of  
               2049. Based on this assumption, the ISFSI will be  
               subsequently decommissioned by the 2051 final license  
               termination date."


            In October 2015 the California Coastal Commission approved  
            construction and expansion of the ISFSI.


          4)Concerns about the Potential for Natural Disasters Affecting  
            the Stored Fuel: Approximately 65,000 people reside in San  
            Clemente, five miles northwest of SONGS.  Cities within 20  
            miles of SONGS include Laguna Beach in Orange County and  
            Oceanside in San Diego County.


            According to the 2015 State Working Group on Earthquake  
            Probabilities, California faces a 99.7% 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  








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            greater in the next 30 years is 46%.  


            According to SCE, the commonly known Richter scale is not used  
            to determine earthquake building safety for any building.  
            Instead, building safety relies on a value known as "peak  
            ground acceleration," which is based on the anticipated ground  
            movement at the site during the largest potential earthquake,  
            estimated by geologists. Additionally, the proximity of the  
            fault and soil conditions must also be considered. SONGS was  
            built to withstand a peak ground acceleration of at least  
            0.67g (g refers to the force of gravity). 



            According to the National Institute of Building Sciences, the  
            following definitions are commonly used to characterize or  
            measure the effect of an earthquake on the ground (a.k.a.  
            ground motion): 



             a)   Acceleration is the rate of change of speed, measured in  
               "g"s at 980 cm/sec or 1.00 g. For example, 



               i)     0.001g or 1 cm/sec2 is perceptible by people



               ii)    0.02 g or 20 cm/sec2 causes people to lose their  
                 balance



               iii)   0.50g is very high but buildings can survive it if  
                 the duration is short and if the mass and configuration  
                 has enough damping








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             b)   Velocity (or speed) is the rate of change of position,  
               measured in centimeters per second.



             c)   Displacement is the distance from the point of rest,  
               measured in centimeters.



             d)   Duration is the length of time the shock cycles  
               persists.



             e)   Magnitude is the "size" of the earthquake, measured by  
               the Richter scale, which ranges from 1-10. The Richter  
               scale is based on the maximum amplitude of certain seismic  
               waves, and seismologists estimate that each unit of the  
               Richter scale is a 31 times increase of energy. Moment  
               Magnitude Scale is a recent measure that is becoming more  
               frequently used.


            The Institute points out that if the level of acceleration is  
            combined with duration, the power of destruction is defined.  
            Usually, the longer the duration, the less acceleration the  
            building can endure. A building can withstand very high  
            acceleration for a very short duration in proportion with  
            damping measures incorporated in the structure.


          5)Local Concern Following Fukushima:  SCE points out that there  
            are differences between SONGS and the Fukushima reactors,  
            specifically: the presence of a tsunami wall; the spent fuel  
            storage pools are located in a separate building adjacent to  








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            the containment structure that encloses the reactor or primary  
            system; and the used fuel rods are stored much closer to  
            ground level than they are at Fukushima Daiichi, making it  
            easier to add water if necessary.


          6)Arguments in Support: The cities of San Clemente, Oceanside,  
            and Laguna Woods support SJR 23 and express a strong desire to  
            promptly and safely relocate the nuclear fuel stored at SONGS.


          7)Licensed Storage at or away from reactor sites. The NRC  
            authorizes ISFSI, including several that are located at or  
            away from reactor sites. These include the Department of  
            Energy Idaho Spent Fuel Facility and a private fuel storage  
            facility in Utah.


          7)Related Legislation:


            AJR 29 (Chávez) of 2016, urges the passage of H.R. 3643 and  
            urges the US DOE to implement the prompt and safe relocation  
            of spent nuclear fuel from the SONGS to a licensed and  
            regulated interim consolidated storage facility.  The bill is  
            pending in the Senate Energy, Utilities and Communications  
            Committee.


            H.R. 3643, 114th Congress (Michael Conaway, 11th Congressional  
            District, 2015) authorizes the U.S. Secretary of Energy to  
            enter into contracts for the storage of high-level radioactive  
            waste or spent nuclear fuel with any person that holds a  
            license for an interim consolidated storage facility. Referred  
            to the U.S. House Energy and Commerce Subcommittee on  
            Environment and the Economy in October 2015.











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            H.R. 4745, 114th Congress (Mick Mulvaney, 5th Congressional  
            District) authorizes the U.S. Secretary of Energy to enter  
            into new contracts or modify existing contracts with any  
            person who generates or holds title to high-level radioactive  
            waste or spent nuclear fuel of domestic origin for the  
            acceptance of title and subsequent storage of such waste or  
            fuel at an interim consolidated storage facility, with  
            priority for storage given to high-level radioactive waste and  
            spent nuclear fuel located on sites without an operating  
            nuclear reactor. Referred to the U.S. House Energy and  
            Commerce Subcommittee on Environment and the Economy in March  
            2016. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Laguna Woods, City of


          Oceanside, City of


          San Clemente, City of




          Opposition


          None on file.










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          Analysis Prepared by:Sue Kateley / U. & C. / (916)  
          319-2083