To amend the Nuclear Waste Policy Act of 1982 with respect to transportation of nuclear waste.

APRIL 25, 2002

Mr. KUCINICH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend the Nuclear Waste Policy Act of 1982 with respect to transportation of nuclear waste.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Nuclear Waste Transportation Protection Amendments Act of 2002'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The transportation of nuclear waste to a Yucca Mountain repository would require a massive transportation undertaking. More nuclear waste would be shipped in the first full year of repository operations than has been transported in the entire five-decade history of nuclear waste shipments in the United States.

(2) The transportation of this waste would require over 96,000 truck shipments over four decades. Almost every major east-west interstate highway and mainline railroad in the country would experience nuclear waste shipments as waste is moved from reactors and other sites in 39 States.

(3) The Department of Energy proposes to directly impact 44 States, many of the major metropolitan areas in the Nation, and at least 109 cities with populations exceeding 100,000. Highway shipments alone will impact at least 703 counties with a combined population of 123,000,000 people. Nationally, between 7,000,000 and 11,000,000 people reside within one-half mile of the anticipated truck or rail routes.

(4) This never-before-attempted nuclear waste transportation effort would bring with it a constellation of hazards and risks, including potentially serious economic damage and property value losses in cities and communities along shipping routes. Also of concern are the increased security risks from shipments that represent numerous mobile targets within some of the country's most populous and vulnerable metropolitan areas.

(5) Before any nuclear waste shipments occur, the Federal Government must ensure the safety and security of these shipments. This Act requires the Secretary of Energy to develop a comprehensive safety program that establishes new safety and security measures that greatly exceed the minimal level of protection offered today.

SEC. 3. AMENDMENTS.

Section 180 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10175) is amended by adding at the end the following new subsections:

`(d) COMPREHENSIVE SAFETY PROGRAM- The Secretary shall develop a comprehensive safety program that includes, consistent with this title, driver selection, independent inspections, bad weather protocols, road condition reporting, safe parking areas, advance notice, real time tracking and monitoring, emergency response, medical preparedness, equipment standards, training and exercises, mutual aid agreements, emergency alternative routing, program evaluation, and public information.

`(e) PROTECTING POPULATED COMMUNITIES- The Secretary may not transport high-level radioactive waste through an incorporated community with a population in excess of 50,000 unless the waste originates in that community.

`(f) OLDEST FUEL FIRST- The Secretary shall ensure that the oldest spent nuclear fuel shall be transported before other spent nuclear fuel.

`(g) FULL-SCALE CASK TESTING- No spent nuclear fuel or high-level radioactive waste may be transported by or for the Secretary under this Act except in packages the design of which has been certified by the Commission and tested at full-scale, including physical tests to destruction, to demonstrate compliance with the Commission performance standards. The Commission shall ensure a stakeholder role in the development of a cask testing program for testing under this subsection, including selection of test facilities, personnel, and peer review.

`(h) STATE AND LOCAL ROUTE CONSULTATION- Affected State, local, and tribal governments shall be consulted in the selection of routes for the transportation of spent nuclear fuel and high-level radioactive waste.

`(i) PRIVATE CARRIER PROHIBITION- Spent nuclear fuel and high-level radioactive waste shall not be transported under this Act by a private sector carrier.

`(j) ADVANCE NOTIFICATION- The Secretary shall provide a minimum of 14 days advance notification to States, Indian tribes, and local communities through whose jurisdiction the Secretary plans to transport spent nuclear fuel and high-level radioactive waste.

`(k) SECURITY PRECAUTIONS- All transportation of spent nuclear fuel and high-level radioactive waste under this Act shall--

`(1) if by train, be on a train dedicated solely to such transportation;

`(2) include at least 3 armed escorts for each nuclear waste convoy, including a lead vehicle and a trailer vehicle;

`(3) be scheduled to avoid regular transportation patterns;

`(4) be planned in order to minimize storage times; and

`(5) occur at a time when the receiver at the final delivery point will be present to accept shipment.'.

END