HOUSE MEMORIAL 114
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
John A. Heaton
A MEMORIAL
REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION, CONGRESS, THE PRESIDENT AND THE UNITED STATES SECRETARY OF ENERGY TO REDUCE FEES PAID BY NUCLEAR UTILITY RATEPAYERS; REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION, CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION ESTABLISHING INTERIM STORAGE FACILITIES FOR USED COMMERCIAL NUCLEAR FUEL AND CREATING AN INDEPENDENT PANEL TO CONDUCT AN ASSESSMENT OF THE NATION'S USED FUEL AND DEFENSE WASTE MANAGEMENT PRACTICES.
WHEREAS, the United States government has collected and deposited into the federal nuclear waste fund more than twenty-nine billion dollars ($29,000,000,000) in fees and interest from nuclear utility ratepayers pursuant to the federal Nuclear Waste Policy Act of 1982 for the purpose of establishing a permanent repository for the storage of used nuclear fuel from commercial reactors and defense-related high-level radioactive waste; and
WHEREAS, the United States government failed to begin accepting commercial used fuel by 1998 as required by the federal Nuclear Waste Policy Act of 1982, and only in 2008 did the United States department of energy submit an application to the United States nuclear regulatory commission to construct a permanent used fuel repository; and
WHEREAS, expected funding levels for permanent fuel disposal in fiscal year 2009 and statements by the federal administration concerning federal budgets in fiscal year 2010 point to continuing chronic delays for the Yucca Mountain repository, if not the outright termination of the project; and
WHEREAS, the federal government's failure to meet its 1998 statutory and legal obligations to accept used fuel has led to the government being found in partial breach of the contracts with nuclear utility owners of the fuel leading to federal taxpayer payments to the utilities of about one billion dollars ($1,000,000,000) thus far and growing; and
WHEREAS, in light of the federal government's failure to meet its responsibility, the commercial nuclear utility industry has embraced an integrated nuclear fuel management program for incorporating the continued safe and secure storage of used fuel at commercial plant sites; the development of private or government-owned centralized interim storage facilities licensed by the United States nuclear regulatory commission in communities that would host such facilities voluntarily; the continued public and private sector efforts in the areas of research, development and deployment of technologies to recycle used fuel in a safe, environmentally responsible, proliferation-resistant and commercially viable way; and the continued review of the permanent repository license application by the United States nuclear regulatory commission and continued engagement of policymakers to ensure the safety and security of whatever facilities or sites ultimately are chosen for permanent disposal of the byproducts of the once-through or closed nuclear fuel cycle; and
WHEREAS, prominent organizations, including the national conference of state legislatures, the national association of regulatory utility commissioners and the American legislative exchange council have endorsed the immediate establishment of interim fuel storage facilities licensed by the United States nuclear regulatory commission in voluntary host communities and continued research on recycling of fuel and other advanced fuel management technologies;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation, congress, President Obama and the United States secretary of energy be requested to protect nuclear utility ratepayers by immediately reducing the fee that sustains and overfunds the nuclear waste fund to a level that will cover only the costs incurred by the United States department of energy, the United States nuclear regulatory commission and local Nevada government units that provide oversight of the permanent used fuel repository program; and
BE IT FURTHER RESOLVED that the New Mexico congressional delegation, congress and President Obama be requested to immediately enact legislation expediting the establishment of two privately developed interim storage facilities licensed by the United States nuclear regulatory commission for used commercial nuclear fuel, with community incentives funded by the nuclear waste fund, and requiring the United States department of energy to take possession of, safely transport and store used fuel at these facilities and to give priority on moving fuel from decommissioned plants first; and
BE IT FURTHER RESOLVED that the New Mexico congressional delegation, congress and President Obama be requested to enact legislation creating an independent panel of esteemed public policy, scientific, environmental and engineering leaders that would be charged with conducting a long-term strategic assessment of the nation's used fuel and defense waste management practices and reporting back with specific recommendations on how to proceed in the future while interim storage facilities are developed; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation; the United States secretary of energy; and the chief clerks of the house of representatives and the senate for distribution to the appropriate committees.
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