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Legal Analysis of Commission Recommendations for Near-Term Actions

Van Ness Feldman
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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”);
(2) Changing the order in which DOE accepts spent fuel from commercial nuclear reactor licenses (the “queue”) under DOE’s Standard Contract;1 and
(3) Changing the timing and method of payment of the nuclear waste fee by licensees.

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