BILL ANALYSIS Ó SJR 23 Page 1 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: SJR 23 Page 2 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 SJR 23 Page 3 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 | |* | | | | SJR 23 Page 4 ------------------------------------------------------------- ------------------------------------------------------------- | 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 SJR 23 Page 5 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. SJR 23 Page 6 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 SJR 23 Page 7 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 SJR 23 Page 8 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 SJR 23 Page 9 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. SJR 23 Page 10 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. SJR 23 Page 11 Analysis Prepared by:Sue Kateley / U. & C. / (916) 319-2083