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Legal Analysis of Commission Recommendations for Near-Term Actions
Legal Analysis of Commission Recommendations for Near-Term Actions
At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed whether certain recommendations in the BRC’s July 29, 2011 Draft Report respecting near-term actions by the Department of Energy (“DOE”) or other officers or agencies in the Executive Branch can be implemented under existing law. These recommendations relate to:
(1) Initial steps to site, license and construct consolidated interim storage facilities for spent nuclear fuel (“spent fuel”);
Legal Background and Questions Concerning the Federal Government’s Contractual Obligations Under the “Standard Contracts” with “Utilities”
Legal Background and Questions Concerning the Federal Government’s Contractual Obligations Under the “Standard Contracts” with “Utilities”
This Memorandum analyzes issues related to the Standard Contract between the U.S. Department of Energy (“DOE”) and the “utilities.” Beginning with a discussion of specific provisions of the Standard Contract, this Memorandum then analyzes the status of lawsuits involving the Standard Contract, reviews issues related to on-site storage of spent fuel and HLW, and assesses the prospects for modifying the current waste-disposal regime through Federal legislation or amendments to the Standard Contract.
Attachment 1 - Memo, Reply to Letter to Mr. Tim Frazier
Attachment 1 - Memo, Reply to Letter to Mr. Tim Frazier
This memo sets forth the Office of Standard Contract Management's current estimate of the US Government's liability in connection with the Government's partial breach of the "standard contracts" that it executed pursuant to the NWPA of 1982. The Office of Standard Contract Management estimates that liability, as of today and based on the analysis and qualifications set forth below, to be $15.4 billion.
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WP 2 Appendix 10 Balance of Power: Principles and Good Practices for Local Stakeholders to Influence National Decision-making Processes
WP 2 Appendix 10 Balance of Power: Principles and Good Practices for Local Stakeholders to Influence National Decision-making Processes
Our basic position is that the outcomes of policy-making in radioactive waste management (RWM) should be driven by the will of the people through democratic processes. Achieving this inclusiveness requires good practices to increase local influence on what is essentially a national policy process. However inclusiveness poses significant practical problems; can society afford lengthy and costly consultation processes, often perceived as inefficient and ineffective?
WP 3 Quality of decision-making process Proposed Framework for Decision-making Processes
WP 3 Quality of decision-making process Proposed Framework for Decision-making Processes
The long-term governance of radioactive waste is complex socio-technical issue. The disposition of radioactive waste is decided on ethical grounds, having to take into account a variety of other dimensions (society, economy, ecology, politics, time, space, and technology). Thereto, a study of variants is required. Decision theory, in principle, takes diverse options as a starting point begin as the basis of a decision.
WP 2 Appendix 9 Principles and Good Practices for Local Actors to Influence National Decision-Making Processes
WP 2 Appendix 9 Principles and Good Practices for Local Actors to Influence National Decision-Making Processes
The outcomes of policy-making in radioactive waste management (RWM) should be driven by the will of the people through democratic processes. Achieving this inclusiveness requires good practices to increase local influence on what is essentially a national policy process. However inclusiveness poses significant practical problems; can society afford lengthy and costly consultation processes, often perceived as inefficient and ineffective?
WP 2 Appendix 7 Influence of Local Communities on Decision Processes: Experience of Copeland and Shetland Islands
WP 2 Appendix 7 Influence of Local Communities on Decision Processes: Experience of Copeland and Shetland Islands
The focus of this case study is the concerns of two communities affected, albeit in different ways, by radioactive waste management and the decommissioning of nuclear installations. These are communities affected by the decisions of nuclear operators, regulators and national policy makers. As such they interact with these organisations and quite naturally they are concerned about their long-term sustainability.