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ANDREN BE ATTY RI.kER

ST-%TE OF WVASHINGTON

DEPARTMENT OF ECOLOGYAMail Stop PV- 171 * Olympia, Ws.hirig:or 985ci4-8771 * (2(k,) 45C%'I

MI.NUTES OF THE NUCLEAR WVASTE ADVISORY COUNCIL MIEETING

October 16, 1987

EFSEC Hearings RoomRowesix, Building I

4224 Sixth Avenue S.E.Lacey, W\ashington 98504

Council Mlembers Present:

WN'arren A. Bishop, ChairPam Behring

Phyllis ClausenRussell JimAaron KatzKen MlillerSam Reed

Eugene RosaRobert RoseBetty ShreveGus Simpson

Michael SprangerShirley Tucker

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The meeting was called to order byWarren A. Bishop, Chair.

A motion to adopt the September IS.1987, Advisory Council minutes wasmade and approved with the followingcorrections to the Advisory Councilmeeting schedule.

When scheduled, jointBoard/Council meetings �vilI beheld on the Thursday afternoonpreceding the third Friday of themonth, beginning at approximately2:00 p.m. The jointBoard/Council meeting will bepreceded by the Advisory Councilcorrespondence and current eventsreview to be held at 1:00 p.m.Advisory Council meetings willcontinue to be held the morningof the third Friday of the month,while the Board meeting willcontinue to be held on theafternoon of the third Friday ofthe month. If no jointBoard/Council is held, theAdvisory Council correspondenceand current events review willtake place during the regularlyscheduled Advisory Councilmeeting. The joint Board/Councilcorrespondence and current eventsreview, previously held at 1:30-3:30 p.m. on the third Friday ofthe month, has been discontinued.

The September 18, 1987, joint Boardand Council minutes also were approved(1:30-3:30 p.m.).

Shirley Tucker abstained from voting,due to not having had an opportunity toreview the minutes.

INTRODUCTIONS

��'arren Bishop introduced the newCouncil members: Gene Rosa, Pullman;and Aaron Katz, Seattle.

NEW STAFF

Warren Bishop introduced JerryGilliland, the ne'v Public InformationManager; and Linda Ahmuty, the newsecretary for Public Involvement.

LITIGATION REPORT

Narda Pierce, Assistant AttorneyGeneral, reported on the progress ofWashington stat&s litigation against theU.S. Department of Energy.

Ms. Pierce reported that she tra"eledwith Council member Nancy Hovis andAssistant Attorney General Charles Roeto San Francisco to argue the casechallenging the second-round repositorysuspension by U.S. Department ofEnergy. The Justice Departmentargued that the case was *�moot" since onOctober 1 the Secretary of Energyannounced he was resuming the searchfor a second repository. However, thesame day Mr. Steven Kale, of USDOE,stated at a Texas states/tribes meetingthat nothing was being done to resumethe search for a second repository. Thestate asked the court to rule that theSecretary of Energy still has anobligation to continue the secondrepository siting process. Washington'sattorney also asked for declaration bythe court that USDOE had violated thelaw from Ma" 28 to October 1, 1987.The state asked that USDOE be orderedto list its intentions and personnel whowill be devoted to siting a secondrepository. A court decision date isuncertain.

The states �of Texas, Ne"ada, Oregon,Idaho, and Nebraska; the Yakima IndianNation, Clark County PUD,Environmental Defense Fund, NuclearWaste Task Force, and the TexasNational Parks and ConservationAssociation joined with Washington statein this litigation.

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Status conferences were held in SanFrancisco on the cases challenging theguidelines and the May 2S decisions. Inaddition, the state of Nevada filed for apetition of rehearing on litigation fund-ing on the grounds that the court didnot acknowledge the broad policies ofthe Act and did not read the provisionin light of the Act. Nevada was joinedby Mississippi, Utah, Washington, andWisconsin in this petition.

Phyllis Clausen inquired about the statusof the litigation to keep the Taiwanspent fuel rods from being shippedthrough the Puget Sound. Ms. Piercereported that an aniicus brief was filedand an oral argument was held. Shesaid the next step will be the NinthCircuit Court of Appeals issuing anopinion.

CONGRESSIONAL UPDATE

Linda Steinmann (Office Staff) reportedthe support for the Udall bill whichcreates a moratorium on repository sitingstudies is weakening and a proposedsubstitute has been introduced. Thesubstitute bill will shorten the reviewtime for an oversight commission toonly six months and direct the com-mission to look at a smaller number ofissues and solutions.

Ms. Steinmann stated that U.S.Department of Energy has agreed tomeet with the states and localgovernments rather than go to formalrule making on the subject of PaymentsEquivalent To Taxes (PETT).

Ms. Steinmann also stated that theLower Columbia Consortium of LocalGovernments contract was approved forfunding by the USDOE. The ClarkCounty Intergovernmental ResourceCenter and Cowlitz-Wahkiakuni Councilof Governments are going to beinvolved in the socioeconomic researchissues. USDOE has verbally approved

additional authorizationPETT-related work andlocal assessors to do anPETT payments.

to conductfunding foranalysis on

Ms. Steinmann reported that the Pre-Exploratory Shaft Hydrology Task Forcehas been disbanded. She also reportedthat Basalt Waste Isolation Project hasabandoned the approach of prematuredrilling of shafts down to the top of thebasalt.

Ms. Steinmann said that the stateDepartment of Ecology is still reviewingthe temporary 'vater rights permitrequests by USDOE to drill several deeptest wells at the Hanford site.

Ms. Steinmann reported that staff metwith a contractor �vho, (pending U.S.Department of Energy fundingapproval), will assist the state inreviewing Iodine 129 documentsreceived from the Department ofEnergy. The contractor will assist theoffice in a document review focusing onhow the 1-129 documents relate to therepository and what should be done insite characterization to address anyissues that have been identified by theend of year.

Linda Steinmann reported on the BasaltWaste Isolation Project (BWIP) quarterlymeeting. She said that a new BWIPstaff member was appointed (Ron lzatt,assistant to John Anttonen), and that theBWIP may be receiving a cut in fundingand reduction in work force.

Council member Russell Jim (of theYakima Indian Nation) commented thatRon Izatt said that the cuts in fundingcould reduce Basalt Waste IsolationProject staff by up to 50 percent andreduce funding to other affected partiesby approximately 20 percent.

Mr. Jim reported that the USDOE isincreasing the size of water pipes used

on Gable Mountain (at Hanford) from 4inches to 10 inches in diameter. He saidthat USDOE said it needed larger waterpipes for better fire protection.

AD�'ISORY COUNCIL COMMITTEEASSIGNMENTS

Chair Warren Bishop explained theproposed policy for Board committees.There will be two levels of committeeactivity: one dealing with the policyaspects of the committee and one withtechnical working groups. TheCommittee policy-level group will meetquarterly and technical working groupswill meet more often. This will involvethe following committees and their staff:

Board Committees:

Defense Waste Committee: Don Provost,Joe Stohr, and Dr. Bill Brewer

Environmental Monitoring Committee:Joe Stohr

Transportation Committee: Max Powerand Pat Tangora

Socioeconomic Committee: Max Power,Jerry Parker, and Pat Tangora

Hanford Historical Documents ReviewCommittee: Joe Stohr and TerryHusseman

Advisory Council committees also havebeen restructured as follows:

The Unsolicited Proposal ReviewCommittee: Jerry Gilliland and Marta�Vilder

Local Go"ernment Committee: LindaSteinmann and (to be determined)

Curriculum Review Committee: MartaWilder

Betty Shreve (of the Council) suggestedhaving a public involvement committee,which Phyllis Clausen and Sam Reedalso agreed should be created. WarrenBishop stated that this idea �vas stillunder consideration.

Linda Steinmann has become the localgovernment liaison and will work withlocal governments to involve them in theBoard and Council activities.

ADVISORY COUNCIL ORIENTATION

Jerry Gilliland (Office Staff) reportedthat the Advisory Council Orientationwas proposed to begin on Tuesdayafternoon, November 17 and conclude atnoon on Thursday, November 19. Theorientation will be held in the Olympia-Tacoma area. On Tuesday afternoon adescription of Hanford, the federalrepository program, and the statesactions will be covered.

On �\'ednesday morning, (November 18)a discussion of Board and Council roleswill be included. Wednesday afternoonis reserved to discuss and set goals andobjectives.

Warren Bishop stated that the tour ofthe Hanford site will be conducted inthe near future.

INSTITUTE FOR PUBLIC POLICYCONFERENCE

Carolyn Pendle, Washington StateInstitute for Public Policy, spoke to theCouncil about a conference onDecember 1, at 9 a.m. at the OlympiaCommunity Center. The conference willdeal with nuclear waste and nuclearwaste repository issues. The title of theconference is �Nuclear Futures-WhatDoes Our Experience With the NuclearPolicy Act Suggest About the Future ofNuclear Power in the United States."Speakers will be from Congress, theregulatory side of the nuclear industry,

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the legal profession, utilities, and publicn�'olvement.

TOWN MEETINGS

Susan Hall, Hall & Associates, reportedthat the Toppenish town meeting wasco-sponsored by the Yakima IndianNation Nuclear Waste Program. Councilmember Russell Jim moderated theTown Meeting in Toppenish.

Ms. Hall reported that the Walla WallaTown Meeting was moderated byCouncil member Jim Worthington. Themeeting in Walla Walla was mainlyattended by students. Several compli-ments were made about the materials inthe packets.

Ms. Hall stated it appeared that peopleleft the meeting with an understandingof the state's position and moreknowledge on nuclear waste disposal.

She reported that the last town meetingin this series will be in Pullman,October 21 at the Washington StateUniversity. Council member PamBehring will moderate this meeting.Council members Dr. Eugene Rosa andGus Simpson plan to attend the townmeeting, along with several Boardmembers.

Council member Shirley Tuckersuggested that incorporating concernsexpressed by the Indian tribes into thestate's Town Meetings might be a goodidea.

PUBLIC INVOLVEMENT REPORT

Jerry Gilliland reported that at theWestern Washington Fair in Puyallup800 people signed up for the newsletterand approximately 1,500 packets werepassed out.

proposed nuclear repository at Hanfordwill be viewed after the AdvisoryCouncil meeting. The second publicservice announcement has also beencompleted. Council members receivedcopies of the documentary script andwere asked to provide comments byFriday, October 23.

Marta Wilder (Staff) reported that theoffice has not received a response fromthe Superintendent of Public Instructionabout an interagency agreement for theschool curriculum project. Staff havecollected some names of interestedindividuals who might want to serve ona working group that would help todevelop a curriculum content andapproach to developing these workplans. The office will speed up progresson the curriculum project after meetingwith the Council's Curriculum ReviewCommittee.

Jerry Gilliland reported that 21 callshave been received on the toll-free lineand most were from the Puget Soundarea. They seemed to increase aroundthe time of a public serviceannouncement. It was also noted thatthe office's toll-free number will needto go into next year's Washington Statelistings in the telephone book.

Mr. Gilliland reported that the quarterlynewsletter will be printed next week,and he stated that the Network Pro-gram's first "letter" to participants wassent out.

He said Jenifer Howell will be a newrepresentative for the office'ssubcontractor, Triangle Associates.

Mr. Gilliland stated that no newunsolicited proposals for publicin"olvement have been received.

Mr. Gilliland reported that a rough cutof the 30-minute documentary on the

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RESOLUTIONS

Pat Tangora brought forward ResolutionS7-lO for adoption by the Nuclear WasteBoard, to forward to Congress. Ms.Tangora reported that the Resolutionemphasizes amendments that need to beadded into an" revision to theHazardous Materials Transportation Act.

The resolution noted that USDOT andother federal agencies need to developstringent safety regulations for haz-ardous materials transportation. It alsostates that planning for and regulationof transportation of these fuels isnecessary. The resolution stated thatfederal agencies (including USDOE)should abide by the same transportationsafety laws and regulations required ofcommercial spent fuel shippers. Theresolution stated that federal legislationshould establish criteria for routing andtransport mode selection through acooperative process with states, tribes,and local governments; maintain therights of these parties, and establishfederal arbitration procedures to resolveinterstate conflicts. The Councilapproved Resolution 87-10 as amended.

COMMITTEE REPORTS

TransDortation Committee: PhyllisClausen reported that the committee metOctober 15. A resolution for the Boardto adopt was created.

Ms. Clausen reported that at the recentWestern Interstate Energy Board's High-Level Waste Transportation committeemeeting no consensus was reached onthe specific legislation now beforeCongress that the whole \\'estern Inter-state Energy Board (WIEB) would wantto support. The second part of theWIEB meeting involved emergencyresponse training.

Transportation Coordination Groupmeeting. She noted that the slowdownof the entire Nuclear Waste Programwhile Congress decides what to do isexpected to cause a slowdown in thecask design contracts.

Environmental Monitoring Committee

Council member Sam Reed reported thata team has been formed to evaluate themonitoring programs of Oregon.Washington. U.S. Department of Energy,and WPPSS. The team will submit itsdraft report in January and the finalreport in March.

Mr. Reed also reported that USDOE'sintercontractors' working group met toreach conclusions on the Iodine 129which was possibly traveling betweenaquifers at Hanford.

The state Department of Social andHealth Services has developed an in-house task force to review the Iodine129 situation. The task force willrelease a report soon. Mr. Reed saidthat findings from the draft task forcereport sho'v there is no evidence thatexposure levels at the present timeconstitute any health risks.

Joe Stohr (Office Staff) reported theState Department of Social and HealthServices is still in the process ofreviewing the question of aquifercontamination and how it relates to arepository's ability to isolate �vaste overa long-term period.

Mr. Reed also noted that the DSHSQuality Assurance Task Force would bemeeting in Richland the week ofDecember 14-18 to re�'iew monitoringprograms. On December 18 the meetingwill be open to the public when the taskforce presents its conclusions.

Pat Tangora (Office Staff) reported onthe U.S. Department of Energy's

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Socioeconomic Committee

Staff reported that the SocioeconomicCommittee 'viii meet on October 23.

Hanford Historical Documents ReviewCommittee

The Hanford Historical DocumentsReview Committee will meetNovember 10 and 18, as reported by JoeStohr.

Other Meetin2s

Linda Steinmann reported that the StateSenate Energy Committee will hold ahearing to discuss radiation protectionfunding and other issues on October 19,at the Vancouver City Hall CouncilChambers, from 9:30 a.m. until 12:30p.m.

PUBLIC COMMENT

Rich Shepard, Pierce CountyRepresentative to the Washington StateLibertarian Party Executive Committee,commented on Resolution 87-10. Hesaid that states traditionally regulatetransportation, including paying forregulation. He objected to theresolution because it requests federalgovernment resources for enforcementof the safety standards. Mr. Shepardsaid state governments can retain controlof the regulation if they are not tied tofederal funds.

Russell Jim noted that because the stateis eligible for funding under the FederalEmergency Management Agency, andthe tribes are not eligible, that thischange proposed by the resolution mayaffect the tribes.

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A\'D�EA BE�TTY RN1KE�1��, -'

STATE OF �VASHNGTO�'J

DEPARTMENT OF ECOLOGYA �ai! Sop PV- 77 * O'ympia. IVashin.&ton 96504.6717 * (2c6) 459-6C�9

MINUTES OF NUCLEAR WASTE BOARD MEETINGOctober 16, 1987

1:30 p.m.EFSEC Hearings Room

K> Rowesix, Building #14224 Sixth Avenue S.E.

Lacey, Washington 98504

Board Members Present:

Warren A. Bishop, ChairSenator Max BenitzCurtis Eschels, EFSECDr. William Funk, Water Research CenterRepresentative Shiricy HankinsRepresentative Louise MillerRepresentative Dick NelsonSenator Irving NewhouseRepresentative Nancy RustRichard Watson, State Energy OfficeSenator Al Williams

Board Designees/Alternate Designees Present:

Roger Stanley, Department of Ecology DesigneeTerry Strong, DSHS Alternate DesigneeRay Lasmanis, DNR Designee

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The October 16, 1987 Nuclear WasteBoard meeting was called to order byWarren A. Bishop, Chair.

Introductory Remarks

Mr. Bishop acknowledged that Max Powerwas prcsent at the afternoon meeting torepresent Terry Husseman, Director forthe Office of Nuclear Waste Management.He then announced the recent appoint-ment of two new Advisory Council mem-bers. They are Aaron Katz (Seattle, WA)and Eugene A. Rosa (Pullman, WA).

Correspondence/Developments

Mr. Power briefed members on the fol-lowing correspondence and recent devel-opments:

- Hearings on H.R.2888(Representati�'e Udall's moratoriumbill) and H.R.2967 (moratorium billwith special negotiator) were held onOctober 15-16, by the House Energyand Commerce Subcommittee onEnergy and Power. Terry Husseman,on behalf of Governor Gardner,appeared before the Subcommittee topresent testimony in support of leg-islation (H.R.2888 and H.R.2967) thatwould bring the site selection processto a temporary haltand provide anopportunity for Congress to establisha mid-course correction.

Additional testimony was presented:(1) Ben Rusehe, on behalf of the U.S.Department of Energy (USDOE),endorsed the Johnston-McClure billfor sequential characterization,S.1668; (2) Victor Stello, StaffDirector for the Nuclear RegulatoryCommission (NRC) did not opposethe Johnston-McClure bill yet notedserious concern over possible delaysin the selection process; (3) DanSmith, Texas Nuclear Waste Policy

Program, expressed support of theUdall moratorium approach; and(4) Bob Haistad, geologist andnuclear waste expert, on behalf ofthe state �\'isconsin supported themoratorium approach.

Representative Udall had proposed a

substitute of H.R.2967 as a compro-mise to the earlier moratorium billsand the Johnston-McClure bill. Theproposal would:

* establish a commission to reviewthe nuclear waste program,while allowing USDOE to con-duct all site-specific work(except the drilling ofexploratory shafts) at theWashington, Nevada and Texassites during the study period;

* prohibit USDOE from workingon the second repository pro-

* gram until six months after thecommission finished its six-month study; and unlessdirected otherwise by Congress,USDOE would have to ignorethe list of semi-finalists for thesecond rbund repository andstart over;

* would not change NWPA dead-lines for -the second roundrepository; and

* provide for a special negotiator

to offer incentives to a hoststate or tribe.

The House Interior and InsularAffairs Subcommittee on Energy andEnvironment has re-scheduled itsmark-up of H.R.2967 for October 20.

On September 14, 1987, the NRC

submitted its comments on theJohnston-McClure approach (S.)668)

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for sequcntial characterization to theNuclear Regulation Committee Sub-committcc on Environment andPublic Works.

Thc quarterly USDOE/Statcs/Tribesmeeting was hcld in Dallas, Texas onOctober 1. During the meetingUSDOE acknowledgcd its intent toenter into informal negotiations withaffected states and local govern-ments. The negotiations will centeraround PETT issues/concerns andare anticipated to begin within thenext 2-3 months.

The subject of Site CharacterizationPlans (SCPs) was the next issueaddressed. The USDOE revised itsapproach to releasing the SCPs asfollows: (I) SCPs will be releasedsimultaneously for all three candi-date Sites as consultation drafts inJanuary 1988; (2) at the same time,draft MIvIPs for all three sites willbe released; (3) consultation work-shops with state/tribes/NRC will beheld in January - March 1988;(4) prepare the SCPs with releasedate determined by the results ofconsultation period; (5) a formalNWPA process will follow withpublic review and hearings; and(6) prepare and release a commentresponse document.

Secretary Herrington had publiclyannounced that the Department willresume the second repository site-selection process from the point atwhich it had been suspended inMay 1986. At the October 1USDOE/states/tribes meeting, how-ever, USDOE representatives deniedany knowledge of this action.

The U.S. Department of Energy,Richland Operation Office hasapproved funding requests involving

local government support and reviewrights of the socioeconomic impactstudy for Cowlitz/WahkiakumCounties and Clark County.

Joe Stohr reported on the subject ofiodine-129 present in the Hanford envi-ron men t.

To date, the Office has receivedover 630 iodine-129 documents fromthe U.S. Department of Energy.There are approximately 10 addi-tional documents that are yet to belocated and forwarded. All of thedocuments will be included in thepending review project aimed atassessing their significance to thesiting of a deep geologic repository.A contractor is on board to reviewand incorporate the iodine-129information into a digitized mappingdata base and also make recommen-dations on future work that isdeemed necessary. The recommenda-tions will then be used as a guidelinefor the state's review of the SCP onthe iodine issue. The iodine-129documents will also be reviewed bylegal staff to assess their pertinenceto issues described in the Environ-mental Assessment (EA). In addi-tion, the Department of Social andHealth Services has also reviewedthe iodine information and a reporton health and environmental signifi-cance will be issued in the nearfuture.

USDOE had presented an optionpaper to the NRC, states, and Indiantribes during an April 1987 meetingon the geohydrology testing programfor the Hanford site. The strategyreport contained view graphs onissues, disqualifying conditions,parameters, evaluation criteria, andtests for the pre-exploratory shaftgeohydrology program. An 1-129

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concentration of 10 picocurie perlitcr (pCi/L) had been given in thcreport as one of scveral critcriarelated to the presence of disqualify-ing conditions. Higher iodine valuesmeasured during pump testing wasthought to suggest vertical ground-water communication that mightindicate rapid groundwater travel.

* above groundwater levels of 1-129 were already present in por-dons of the confined aquifersnear the 200 Areas and had

* been introduced from pastdrilling operations' when hun-dreds of thousands of gallons ofmud and Columbia River waterwere lost into basalt flow tops.

On September 8, 1987, the Hydrology

Section Site Group (BWIP) presenteda draft proposal to change theiodine-129 concentration cvaluationcriterion given in the USDOEhydrology option report. The pro-posal recommended using a newvalue of equal to *or less than 10� pCi/L for water discharged duringthe first pump tests. This valuewould be identified as the "likelybackground concentration" foriod�ne-l29 and the previous value of10- pCi/L would remain in theoption report as the "best analyticalsensitivity" for iodine-129 detection.The following conclusions werenoted in the draft proposal:

* standard drilling and ground-water sampling procedures werenot adequate to assure collectionof sufficiently pure watersamples;

* natural flow system intercon-nection and/or man-mademechanisms by which 1-129 wasintroduced into the confinedaquifers from Hanford wastewater disposal operations werenot fully understood;

* naturally occurring 1-129 back-ground levels in a basalt-groundwater environment wereuncertain; and

USDOE has stated that a decision onth& proposed iodine-129 concentra-tion change would most likely bemade after pre-ES drilling has com-menced, but prior to drilling into thefirst confined aquifer.

Board discussion followed. Concern wasnoted in regard to changing the iodine-129 threshold at approximately the sametime drilling and sampling was to beginin the pre-ES test program. Furtherinformation on the decision making pro-cess would be made available to the

�Board members.

Minutes

Mr. Bishop entertained a motion toapprove the August 20, 1987 NuclearWaste Board minutes. The motion wasmoved, seconded and carried. He thencalled for a second motion to approve theSeptember 18, 1987 Nuclear Waste Boardminutes. The motion was moved, sec-onded and carried. The minutes of bothmeetings were approved as written.

European Waste Management Tour

Legislative members of the Board had- recently toured Europe to meet withEuropean high-level waste managers.Each of the members were called upon togive a brief report.

Representati�'e Nancy Rust statedthe group's travels included coun-tries such as Sweden, Germany and

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France. The trip proved to be inter-csting in that the countrics "isitedwcre all involved in the rcprocessingof nuclear waste and that there ';'asgreat amount of effort and moneybeing spent on low-level waste. Shenoted that a site has been picked forhigh-level waste in Germany andthat Switzerland was currently test-ing for such a site.

Senator Al Williams commented thatEuropean governments assumeresponsibility to both high-level andlow-level waste, in contrast to theU.S. federal government assumingresponsibility to only high-levelwaste; in terms of the process, bothGermany and Sweden ha"e shown aclear separation between scientificand political decisions.

Senator Max Benitz noted theEuropean countries were ahead ofthe U.S. in their disposition of high-level nuclear wastes, however he feltthey were putting too much emphasison low-level wastes. He said thatGermany will totally reprocess itsnuclear wastes and stated that this isan issue the U.S. Government,nuclear industry, state legislators,etc. would have to decide upon inthe near future.

Senator Irving Newhouse commentedthat he would like to learn moreabout the European countries' repro-cessing and their decision not tocommingle defense waste and indus-trial waste. He also acknowledgedGermany's experiment using saltmi n Cs.

Representative Dick Nelson said thatEuropean countries appeared to befar more flexible in their ability tohandle both technical and politicalissues. He felt the trip had been a

very beneficial experience in termsof being able to observe work beingdone in Europe that may be repeatedin the U.S. as we look as our variousgeologies during site characteriza-tion.

Representative Shirley Hankinsstated the tour had been enlighten-ing in several ways. She commentedon the large amount of money beingspent on low-level waste and thatshe was inclined to believe this waspartly due to obtain answers to solvehigh-level waste problems. Further-more, she was greatly impressed withGermany's openness to share infor-mation on what had been learnedthus far. Representative Hankinsinformed members that a WestGerman representative might betraveling to the U.S. and recom-mended that he be a guest speaker tothe Board and Advisory Council.

Representative Louise Miller com-mented that most of the informationobtained about France's program hadbeen obtained during an overviewmeeting. She noted that Sweden hasa national policy in which they willattempt to cease using nuclear powerby the year 2010. They havedesigned a ship to carry the spentfuel rods to the UK for reprocessingas they will not be reprocessing allof their fuel. She added thatGermany has an additional categoryfor nuclear waste known as an"intermediate level".

In conclusion to the discussion it wasacknowledged that various printedmaterials brought back were avail-able for circulation to those whowere interested.

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GAO Report.

John Ridgway prcscnted a slide show ofgraphs and a summarization of the GAOreport, Nucicar Waste: Information on CostGrowth in Site Characterization CostEstinwies.

The GAO fact sheet containcdinformation on USDOE's cost esti-mates for characterization of threesites that were under considerationfor the permanent disposal of high-level nuclear waste. In 1981 USDOEestimated that site characterizationfor all three sites would costSISO million to $240 million. In1984, after enactmentof the NuclearWaste Policy Act (NWPA) cost esti-mates increased 10-fold to$2.2 billion (1983 dollars). The costestimates from 1984 through 1986remained relatively stable. However,in 1987, cost estimates forexploratory shaft activities reachedS4.8 billion (1986 dollars). When theeffects of future inflation are con-sidered and the estimates areadjusted to year-of-expendituredollars, the cost for site characteri-zation are about $5.8 billion for thethree sites, including as much as$2.4 billion at the Hanford Site.(USDOE has noted that its mostrecent site characterization costestimates were developed for use inthe fiscal year 1989 budget, and assuch, ha�'e not yet been finalized orreleased outside the Department.) -

Several high-cost activities wereintroduced into the site characteriza-tion* phase after the enactment ofthe NWPA and identified as:(1):explora:ory shaft activities thattake in the requirement of a secondshaft at each of the three sites,changes to larger diameter* shafts,and additional drift (cost estimates

reached $516 million in 1986);(2) technical site testing that consistof studies concerning the geology,hydrology, and geochemistry of theproposed sites (in 1986 estimatesincreased to over $550 million);(3) development of a sitecharacterization quality assuranceprogram; and (4) grants to states andaffected Indian tribes.

Hanford's largest single increase incosts are contained in the"repository" category. Estimatedcosts went from $149.5 million to$479.6 million during 1986-1987,showing a 221% increase. The "site"category is projected to increase by$115.3 million (74%). "Systems" and"project management" cost estimateswent from S61.4 million (140%) and$69.5 million (156 %), respectively.The projected increase for Hanfordis $833.8 million (110%) and is thelargest total increase projected forany site.

Representative Nelson inquired as towhat specific costs had been included inthe "repository" category. Mr. Ridgwayresponded that the report did not addressthis issue specifically and that severalof the compliance regulations were cate-gorized under "regulatory" andinstitutional" costs. Representative

Nelson requested that a clear definitionof the cost' categories be obtained. Hequestioned the fact as to whether or notthe estimates might have been inflatedfor political reasons. Mr. Ridgway statedthat GAO's report clarified the estimateswere based on the budget submitted byUSDOE and' the offices at each site.Further verification of the cost estimateswas reque�ted'by the Board;

Reprcsentati"e Hankins asked if part'ofthe increased costs for Hanford werecontributed to staff already on board.

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Mr. Ridgway said therc was no rcfcrenccto numbcr of persons cmploycd or thepay lcvcl rcccived. Shc requested furtherinformation on this issue.

Hazardous Materials Transportation Act

Pat Tangora reported that several nuclcarwaste transportation issues were beforeCongress. One such issue was theHazardous Materials Transportation Actof 1974 (HMTA), which authorizedUSDOT to regulate hazardous materialsshippers and carriers. It was currentlybeing considered for reauthorization.She proceeded to outline USDOT's pro-posed 1-IMTA authorization bill to theBoard members.

Mr. Bishop informed members that theTransportation Committee had prepared adraft resolution for the Board's re�'iew.It applauded Congress' efforts to addressnuclear waste and hazardous materialstransportation issues and encouraged pas-sage of comprehensive and consistent leg-islation to ensure public safety.

The resolution was brought beforethe Board for consideration; as rec-ommended by the Advisory Council.Discussion followed. The second"resolved" was eliminated and thethird "resolved" was renumberedaccordingly. A motion was� made toadopt Resolution 87-10, as amended.The motion was moved, secondedand carried. (See attached Resolu-tion 87-10)

Litigation Status

On October 1, 1987, the Secretary ofEnergy filed a motion to dismiss formootness, accompanied by Ben. Rusche'sdeclaration to resume the site-specificactivities for the second repository pro-gram as of October 1. The Court had

been asked to consider this motion onOctober 9, 1987.

Narda Pierce reported the state ofWashington presented oral argument onOctober 9, 1987, in challenge to the sus-pension of a second repository. The statesubmitted a declaration, by LindaSteinmann, in reference to the October 1resumption of site specific activities.Currently, the case is under advisementby the Court and a decision had not yetbeen issued.

On September 30, 1987, petitioners(Washington, Oregon, the Yakima IndianNation, the Sierra Club, and the ClarkCounty PUD No.1) moved for a stay ofsite characterization at Hanford. Thismotion was based on the invalidation ofEPA standards, as "acated by the FirstCircuit Court of Appeals.

On September 17, 1987, the Ninth Circuitissued an opinion concluding that judi-cial review is not a state review activitywhich is required to be funded from theNuclear Waste Fund. OnSeptember 30, 1987, �Vashington hasjoined with Nevada, Mississippi, Utahand �Visconsin in a petition for rehearing.

Committee Reports

Trans�orunion Cornniuee: (Refer to"Hazardous Materials TransportationAct".)

Environnienlal A fonitorin � Committee:Terry Strong stated the committee met onOctober 9. The DSHS Quality AssuranceTask Force working with the committeehas appointed a group of three nationalexperts to evaluation Washington, Oregon,USDOE, the Washington Public PowerSupply System, and the three affectedIndian tribes environmental monitoringprograms. The group will meet with thecommittee in Richland on

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KY

Dcccrnbcr 14, 1987 to bcgin Phasc 1 ofthe evaluation program. He requcstcdthat an article be published in the nextNuclear Waste Board's ncwslctter inrefcrcnce to this issue.

The DSHS iodinc-129 Task Force corn-pletcd its investigation into 1-129 atHanford. A dose assessment has indi-cated there are no adverse health effectsexpected from exposure to 1-129 to theen"ironment, however additional en�'i-ronmental sampling is needed to furtherassure the public and help complete anadequate baseline. The finalized reportwill be distributed in early No�'ember.

Socioeconomic Contniiuee: Curtis Esehelsreported the committee will meet onOctober 23. He emphasized two majorpoints of the committee's recent activi-ties: (1) continuing efforts are beingmade with the the Mid-ColumbiaConsortium to acquire resources neces-sary for obtaining local perspective onsocioeconomic and PETT issues; and(2) the research design for the Socioeco-nomic Impact Study is in draft form andhas been circulated for comments byOctober 23, 1987.

Debbie Sturdevant of the Intergovern-mental Resource Center was present toexpress appreciation to the committee forits efforts in obtaining grant approvalfor the Clark and6kamania counties inSouthwest Washington. She reported thatthe IRC recently completed its review ofthe draft research design and distributedcomments to local agencies and publicofficials in the area.

radiation exposures. Mr. Eschels statedthat the study was expected to begin dur-ing the first part of 1988. The HHDRCis also working closely with the CDC toinitiate the health study feasibilityre�'iew and will meet with Dr. Ruttenberin mid-Novembcr for a planning sessionon the project.

Washington Institute for Public Policy

Dan Silver presented an update of WIP?act i vi ties:

a publication ofreflections on theirtour will be madenext few weeks;

the legislators'recent Europeanavailable in the

- the Institute has re-scheduled thelegislators conference (NWPA andfuture of the nuclear waste industry)for December 1, 1987;

- a final report on the Socioeconomicresearch design will be presented tothe committee next week;

- the Tn-Cities area tour for legisla-tors has been re-scheduled forNovember 15-17.

Other Business

None.

Public Comment

None.

Adjournment

I-fan ford Historical Documents ReviewCommittee: The HHDRC is in the processof finalizing the membership of theTechnical Steering Panel (TSP). Thepanel was to be composed of nationallyrecognized experts that will be responsi-ble for the project to reconstruct past

There being no further business, theOctober 16, 1987 Nuclear Waste Boardmeeting was adjourned.

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WASHINGTON STATE NUCLEAR WASTE BOARD

RESOLUTION S7-1O

October 16, 1987

��HEREAS, thc Washington State Nuclear Waste Board has bcen cstablishcd by the statc

lcgislaturc to overscc and advisc the governor on nuclcar wastc policy issucs; and

WHEREAS, Hanford, Washington, is onc of three sites under active considcration for a

high-lcvel radioactivc waste rcpository; and

WHEREAS, disposal of dcfensc wastes now stored and gcnerated at Hanford will

significantly increase high-level waste transportation through the Northwest (even ifHanford is not selected for a repository); and

WHEREAS, the Congressional Officc of Technology Assessment, during its review of

hazardous and radioactive material transportation, found that "Because state and localjurisdictions fccl fedcral regulations do not provide adequate safety, they have passedadditional regulations to control risks. The resulting rcgulatory patchwork complicatescnforcement and is burdensome to industry"; and

WHEREAS, Section 9 of the Nuclear Waste Policy Act states that "nothing in this Act

shall be construed to affect federal, state or local laws pertaining to the transportation of

spent fuel and high-le�'el radioacti"e waste"; and

WHEREAS, Congress is now considering various bills, including amendments to theHazardous Materials Transportation Act of 1974, that would alter the existing federal andstate regulatory system affecting spent fuel and high-level waste transportation;

NOW, THEREFORE, LET IT BE RESOLVED that the Washington State Nuclear Waste

Board:

I. Applauds Congress' efforts to address nuclear waste and hazardous materials

transportation issues and encourages passage of comprehensive and consistent

legislation to ensure public safety;

KJ

2. Rccommcnds that comprehensive lcgislation should:

* Require USDOT and other federal agencies to dcvclop stringent safety

regulations for hazardous matcrials transportation in order to enhance public

safcty and confidence, and to require and provide adequate rcsourccs for the

cnforccment of thcse regulations;

* Integrate planning for and regulation of spent fuel/high.Icvel radioactive waste

transportation within the o"erall framework of hazardous matcrials

transportation;

* Require federal agencies, including USDOE, to abide by the same transportation

safcty laws and regulations required of commercial spent fuel shippers;

* Clearly uphold statc and tribal authority to inspect and enforce, fund safety

programs through fees, and oversee emergency response and cleanup;

* Provide adequate federal support for state, local, and tribal governments to

respond to hazardous and radioactive transportation accidents and require that

federal regulations affecting emergency responders, such as placarding and

shipping paper requirements, be revised after consultation with these responsible

authorities.

* Establish federal criteria for routing and transport mode selection through a

cooperative process with states, tribes and local governments; maintain the rights

of states and tribes to designate routes in accordance with these criteria, and

establish federal arbitration procedures to resolve interstate conflicts;

3. Directs the Chair to transmit the Resolution to the Congressional delegation and

appropriate Congressional committees.

'4Approved at Olympia this ....L�..... day of October, 1987.

WARREN A. BISHOP. CHAIRNUCLEAR WASTE BOARD

ANDREA BEATTY RNKERDirector

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGYMail Stop PV-11 * Olympia, Washin�ron 98504-8711 * (206) 459-6000

NUCLEAR WASTE ADVISORY COUNCIL

November 19, 19871:00 p.m.

EFSEC Hearing RoomLacey, Washington

AGENDA

1:00

1:10

Introductory Remarks

Correspondence and Recent Developments

Warren Bishop

Terry Husseman

. . . - .

The Nuclear �Vaste Board and Nuclear Waste Advisory Council Joint InformationalMeeting, a panel discussion on Monitored Retrievable Storage, is scheduled to begin at2:00 p.m., November 19.

The Nuclear Waste Advisory Council welcomes and encourages public participation duringthe monthly meetings. The Chairman will invite public comment at various points duringthe meeting. In addition, if there are specific agenda items which you wish to commentupon please sign the sheet on the back table and you will be invited to comment when theCouncil reaches that agenda item.

K)��ARRLN �. BLSHOP

Chair

STATE OF WASHINGTO�4

NUCLEAR WASTE BOARD.�1all Stop P� I . O�vrnp�a. lVashi-�gton 98504 * (2(b$) 459-6670

NUCLEAR WASTE BOARD/NUCLEAR WASTE ADVISORY COUNCIL

JOINT INFORMATIONAL MEETING

MONITORED RETRIEVABLE STORAGE

November 19, 19872:00 p.m.

EFSEC Hearing RoomLacey, Washington

AGENDA

2:00 Panel Discussion on Monitored Retrievable Storage

USDOE Proposal for Monitored Retrievable Storage (MRS)

At-Reactor Dry Cask Storage

Statc of.Tcnncsscc Conccrr.s Regarding thc -. -

USDOE MRS Proposal

Tribal Concerns Regarding High-LevelNucicar Wastc Transportation Cc

Urn

Panelists

Mr. Jim Carison,USDOE Headquarters

Mr. Thomas Snow,Virginia Power

Dr. William .Colglazier,University of Tennessee

Mr. William Burke,infederated Tribes of theatilla Indian Reservation

5:00 Adjourn

The Nuclear �Vaste Board and Nuclear Waste Advisory Council welcomes and encouragespublic .participation during meetings. The Chairman will invite public comment atvarious points during the meeting. In addition, if thcre are specific agenda items whichyou wish to comment upon please sign the sheet on the back table and you will be invitedto comment during discussion of that agenda item.

& K

ANDREA BEATTY RINIKERDirector

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGYMail S:op PV-17 * Olympia, Washing ton 98504-8771 * t'2�) 459-6�Y3

NUCLEAR �VASTE ADVISORY COUNCIL

AGENDA

Regular MeetingNovember 20, 1987

9:00 a.m.EFSEC Hearings Room

Lacey, Washington

I.

2.

Introductory Remarks

Litigation Report

3. Discussion of strategy for SCP technical review

4. Discussion of public involvement strategies- for SCP review

5. Public Involvement Report r

Warren BishopChair

Narda Pierce

Don Provost

Jerry Gilliland

Jerry GillilandMarta Wilder

�lTarren Bishop

Committee Chairs

6. Committee Assignments

7. Committee Reports

8. Other Business

9. Public Comment

10. Adjourn.Please Note: The Nuclear Waste Advisory Council will hold a meeting at 1:00 p.m.,November 19, to review recent developments. A joint Board and Councilinformation meeting on Monitored Retrievable Storage will be held from2:00 p.m.until 5:00 p.m., November 19. Both meetings will be at the EFSEC Hearings Room(see above for address).

The Nuclear Waste Advisory Council welcomes and encourages public participationat its monthly meetings. The Chairman will invite public comment at variouspoints during the meeting. In addition, if there are specific agenda items whichyou wish to comment upon please sign the sheet on the back table and you will beinvited to comment when the Council reaches that agenda item.

3

WARREN A. B5HOPChair

&

STATE OF WASHINGTON

NUCLEAR WASTE BOARDMail Stop PV-7 7 * Olympia, Washington 98504 * (206) 459-6670

NUCLEAR WASTE BOARD

Regular Meeting

November 20, 19871:30 p.m.

EFSEC Hearings RoomLacey, Washington

1.

2.

3.

4.

AGENDAIntroductory Remarks

Approval of October 16, 1987 Minutes

Correspondence/Recent Developments

Report on Status of BWIP Cultural Resources Program

5"

Warren Bishop

Terry Husseman

Russell Jim,Yakima Indian Nation

Robert G. Whitlam,ite Historic Preservation Office

5. Consultative Draft Site Characterization Plan (SCP)a. Technical review prioritiesb. Workshop and meeting approach

6. Iodine-129 Statusa. Data collection plansb. Procedure for changing criteria

7. Federal Legislation Status

8. Litigation Status

9. Richland USDOE Report

10. Committee Reports

11. Washington Institute for Public Policy

12. Local Government Reports

13. Other Business

14. Public Comment

15. Adjourn

Don Provost

USDOE

Terry Husseman

Narda Pierce

Max Powell

Committee Chairs

Dan Silver

The Nuclear Waste Board welcomes and encourages public participation during themonthly meetings. The Chairman will invite public comment at various points during themeeting. In addition, if there are specific agenda items which you wish to comment uponplease sign the sheet on the back table and you will be invited to comment when theBoard reaches that agenda item.