Dear Secretary Chu:
At the direction of the President, you charged the Blue Ribbon Commission on America’s
Nuclear Future with reviewing policies for managing the back end of the nuclear fuel
cycle and recommending a new plan. We thank you for choosing us to serve as Co-
Chairmen of the Commission and for selecting the talented and dedicated set of
Commissioners with whom we serve.
We have sought to ensure that our review is comprehensive, open and inclusive. The
Commission and its subcommittees have heard from hundreds of individuals and

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”);

At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed the following questions:
1. Is there legal authority for DOE or any other entity to undertake to site a repository for “co-mingled” nuclear materials (i.e., civilian and defense spent nuclear fuel (SNF) and high-level radioactive waste (HLW)) at any site other than Yucca Mountain?

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.

Dear Secretary Chu:
Thank you for your remarks to the Blue Ribbon Commission on America’s Nuclear Future at our inaugural meeting on March 25, 2010. Your guidance was both enlightening and invaluable as we establish a plan to fulfill the Commission’s charter.

The American Nuclear Society (ANS) supports (1) the development and use of geological
repositories for disposal of high-level radioactive wastes and (2) expeditious processing of the
Yucca Mountain license application in an open, technically sound manner. Geological disposal
means placing the wastes hundreds of feet underground and far from the biosphere. The U.S.
Nuclear Regulatory Commission (NRC) is following a legislatively well-defined regulatory
process to evaluate the safety of the proposed Yucca Mountain Site to meet both the scientific

The nuclear energy industry is committed to legislative reform to create a sustainable, integrated program for federal government management of the Department of Energy’s (DOE) high-level radioactive waste and commercial used nuclear fuel.

It is increasingly apparent that the United States will require a large expansion of nuclear power
generation capacity to meet its future baseload electricity needs while reducing greenhouse gas
emissions. As a result, Congress and the Administration must act to update U.S. nuclear fuel
cycle policy to address these realities. This will likely require a multifaceted approach involving
some combination of on-site/centralized dry cask interim storage, nuclear fuel recycling, and
emplacement of high-level wastes in long-term geological storage.

GAO Storage Study Request

More than 45 million shipments of radioactive materials have taken place in the United States
over the last three decades, with a current rate of about three million per year. The majority of
these radioactive shipments consist of radiopharmaceuticals, luminous dials and indicators,
smoke detectors, contaminated clothing and equipment, and research and industrial sources.
Fewer than 3,500, or 0.01%, have been involved in any sort of accident, incident, or anything