Background Paper on Commingling of Defense and Commercial Waste

Since a 1985 decision by President Reagan that a separate permanent repository for disposal of
defense high level waste was not required1, DOE has planned for disposal of all high-level waste
and spent fuel from national defense activities and DOE’s own research activities in a repository
for commercial waste developed under the Nuclear Waste Policy Act (NWPA). The Commission
has heard recommendations from some commenters2 that this decision be revisited, or even
reversed, in light of developments that have occurred since the original assessment and decision
were made. Other commenters have urged that the decision not be revisited.3
At the May 13, 2011 meeting of the Commission, the Co-Chairmen directed the Disposal
Subcommittee to investigate whether the United States should consider reversing the 1985
decision to commingle defense and civilian waste for disposal and provide its views for
consideration by the full BRC in late 2011. The Co-Chairmen more recently decided, because of
interest in and expertise on this issue by Commissioners not on the Disposal Subcommittee, to
create an ad hoc subcommittee to specifically focus on this issue. The ad hoc subcommittee is
chaired by Dr. Allison Macfarlane; its members include Mr. Mark Ayers, Senator Pete
Domenici, Dr. Richard Meserve, Dr. Ernie Moniz, Dr. Per Peterson and Dr. Phil Sharp. After
consultation with the co-chairs of the Disposal Subcommittee, the ad hoc subcommittee will
present its views and recommendation to the full Commission at the December 2nd public
meeting.