FEDERAL COMMITMENTS REGARDING USED FUEL AND HIGH-LEVEL WASTES

At the request of the Blue Ribbon Commission Staff,1 Van Ness Feldman examined the following question: What commitments has the Federal Government made to states, communities, private companies, and others related to the disposal of used fuel and high-level wastes? Spent nuclear fuel (referred to herein as “used fuel”) and high-level radioactive waste (“HLW”) are the by-products of commercial nuclear energy generation, defense production of nuclear weapons materials, and research and medical activities that utilize nuclear reactors or fission product nuclides. This paper describes the Federal Government’s legal obligations related to used fuel and HLW from: (1) Commercial Reactors; (2) U.S. Department of Energy (“DOE”)-Managed Sites; and (3) Foreign and Domestic Research Reactors. The paper also describes Federal transportation commitments related to used fuel and HLW.