42 U.S.C. § 10153 — Interim at-reactor storage

Page 7994 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10152 1 See References in Text note below. vilian nuclear power reactor to the extent practical and the addition of new spent nu- clear fuel storage capacity where practical at the site of such reactor; and (2) to provide, in accordance with the provi- sions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Govern- ment with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reac- tor that cannot reasonably provide adequate spent nuclear fuel storage capacity at the site of such reactor when needed. (Pub. L. 97–425, title I, § 131, Jan. 7, 1983, 96 Stat. 2229.) § 10152. Available capacity for interim storage of spent nuclear fuel The Secretary, the Commission, and other au- thorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional stor- age, at the site of each civilian nuclear power reactor consistent with— (1) the protection of the public health and safety, and the environment; (2) economic considerations; (3) continued operation of such reactor; (4) any applicable provisions of law; and (5) the views of the population surrounding such reactor. (Pub. L. 97–425, title I, § 132, Jan. 7, 1983, 96 Stat. 2230.) § 10153. Interim at-reactor storage The Commission shall, by rule, establish pro- cedures for the licensing of any technology ap- proved by the Commission under section 10198(a) 1 of this title for use at the site of any ci- vilian nuclear power reactor. The establishment of such procedures shall not preclude the licens- ing, under any applicable procedures or rules of the Commission in effect prior to such establish- ment, of any technology for the storage of civil- ian spent nuclear fuel at the site of any civilian nuclear power reactor. (Pub. L. 97–425, title I, § 133, Jan. 7, 1983, 96 Stat. 2230.) Editorial Notes REFERENCES IN TEXT Section 10198(a) of this title, referred to in text, was in the original a reference to section 219(a) of Pub. L. 97–425, which is classified to section 10199(a) of this title, and has been translated as section 10198(a) of this title as the probable intent of Congress in view of the subject matter of section 10198(a) which relates to de- velopment of technologies for storage of spent nuclear fuel, and the subject matter of section 10199(a) which relates to payments to States and Indian tribes. § 10154. Licensing of facility expansions and transshipments (a) Oral argument In any Commission hearing under section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for a license, or for an amend- ment to an existing license, filed after January 7, 1983, to expand the spent nuclear fuel storage capacity at the site of a civilian nuclear power reactor, through the use of high-density fuel storage racks, fuel rod compaction, the trans- shipment of spent nuclear fuel to another civil- ian nuclear power reactor within the same util- ity system, the construction of additional spent nuclear fuel pool capacity or dry storage capac- ity, or by other means, the Commission shall, at the request of any party, provide an opportunity for oral argument with respect to any matter which the Commission determines to be in con- troversy among the parties. The oral argument shall be preceded by such discovery procedures as the rules of the Commission shall provide. The Commission shall require each party, in- cluding the Commission staff, to submit in writ- ten form, at the time of the oral argument, a summary of the facts, data, and arguments upon which such party proposes to rely that are known at such time to such party. Only facts and data in the form of sworn testimony or writ- ten submission may be relied upon by the par- ties during oral argument. Of the materials that may be submitted by the parties during oral ar- gument, the Commission shall only consider those facts and data that are submitted in the form of sworn testimony or written submission. (b) Adjudicatory hearing (1) At the conclusion of any oral argument under subsection (a), the Commission shall des- ignate any disputed question of fact, together with any remaining questions of law, for resolu- tion in an adjudicatory hearing only if it deter- mines that— (A) there is a genuine and substantial dis- pute of fact which can only be resolved with sufficient accuracy by the introduction of evi- dence in an adjudicatory hearing; and (B) the decision of the Commission is likely to depend in whole or in part on the resolution of such dispute. (2) In making a determination under this sub- section, the Commission— (A) shall designate in writing the specific facts that are in genuine and substantial dis- pute, the reason why the decision of the agen- cy is likely to depend on the resolution of such facts, and the reason why an adjudicatory hearing is likely to resolve the dispute; and (B) shall not consider— (i) any issue relating to the design, con- struction, or operation of any civilian nu- clear power reactor already licensed to oper- ate at such site, or any civilian nuclear power reactor for which a construction per- mit has been granted at such site, unless the Commission determines that any such issue substantially affects the design, construc- tion, or operation of the facility or activity for which such license application, author- ization, or amendment is being considered; or (ii) any siting or design issue fully consid- ered and decided by the Commission in con- nection with the issuance of a construction permit or operating license for a civilian nu- clear power reactor at such site, unless (I)