§10163 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a three-member Monitored Retrievable Storage Review Commission. The three members must be picked by the President pro tempore of the Senate and the Speaker of the House and must be chosen within 30 days after December 22, 1987. Members must be highly qualified to judge whether a monitored retrievable storage (MRS) facility should be part of the nation’s nuclear waste system. The Commission must prepare a report and recommendation for Congress by November 1, 1989. To do that, it must review the Secretary’s analysis, get data and comments from affected parties (including States with possible sites), study the technical usefulness of an MRS, and say whether an MRS is needed to handle, package, and temporarily store spent nuclear fuel and to give more flexibility in the repository schedule. The Commission must compare an MRS to keeping spent fuel at reactors before final disposal, looking at effects on repository design and construction, waste package design and standardization, waste preparation and transport, the reliability of the national disposal system, the Secretary’s ability to meet contracts to accept fuel, and costs to electric utility ratepayers for both at-reactor storage and building/operating an MRS. Members get pay at the rate for Level III of the Executive Schedule for each day they work (including travel) and receive travel expenses and per diem under federal travel rules. The Commission may hire staff (pay up to the GS–18 rate), hold hearings, take testimony, administer oaths, request records from executive agencies (which must provide them unless prohibited by law), get administrative help from GSA on a reimbursable basis, and hire temporary experts. The Commission ends 60 days after it sends its report to Congress.

Title 42, §10163

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)(A)There is established a Monitored Retrievable Storage Review Commission (hereinafter in this section referred to as the “MRS Commission”), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of Representatives.

(B)Members of the MRS Commission shall be appointed not later than 30 days after December 22, 1987, from among persons who as a result of training, experience and attainments are exceptionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation’s nuclear waste management system.

(C)The MRS Commission shall prepare a report on the need for a monitored retrievable storage facility as a part of a national nuclear waste management system that achieves the purposes of this chapter. In preparing the report under this subparagraph, the MRS Commission shall—

(i)review the status and adequacy of the Secretary’s evaluation of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste disposal system;

(ii)obtain comment and available data on monitored retrievable storage from affected parties, including States containing potentially acceptable sites;

(iii)evaluate the utility of a monitored retrievable storage facility from a technical perspective; and

(iv)make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this chapter, including meeting needs for packaging and handling of spent nuclear fuel, improving the flexibility of the repository development schedule, and providing temporary storage of spent nuclear fuel accepted for disposal.

(2)In preparing the report and making its recommendation under paragraph (1) the MRS Commission shall compare such a facility to the alternative of at-reactor storage of spent nuclear fuel prior to disposal of such fuel in a repository under this chapter. Such comparison shall take into consideration the impact on—

(A)repository design and construction;

(B)waste package design, fabrication and standardization;

(C)waste preparation;

(D)waste transportation systems;

(E)the reliability of the national system for the disposal of radioactive waste;

(F)the ability of the Secretary to fulfill contractual commitments of the Department under this chapter to accept spent nuclear fuel for disposal; and

(G)economic factors, including the impact on the costs likely to be imposed on ratepayers of the Nation’s electric utilities for temporary at-reactor storage of spent nuclear fuel prior to final disposal in a repository, as well as the costs likely to be imposed on ratepayers of the Nation’s electric utilities in building and operating such a facility.

(3)The report under this subsection, together with the recommendation of the MRS Commission, shall be transmitted to Congress on November 1, 1989.

(4)(A)(i)Each member of the MRS Commission shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS Commission, and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted under section 5702 and 5703 of title 5.

(ii)The MRS Commission may appoint and fix compensation, not to exceed the rate of basic pay payable for GS–18 of the General Schedule, for such staff as may be necessary to carry out its functions.

(B)(i)The MRS Commission may hold hearings, sit and act at such times and places, take such testimony and receive such evidence as the MRS Commission considers appropriate. Any member of the MRS Commission may administer oaths or affirmations to witnesses appearing before the MRS Commission.

(ii)The MRS Commission may request any Executive agency, including the Department, to furnish such assistance or information, including records, data, files, or documents, as the Commission considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or information.

(iii)To the extent permitted by law, the Administrator of the General Services Administration shall, upon request of the MRS Commission, provide the MRS Commission with necessary administrative services, facilities, and support on a reimbursable basis.

(iv)The MRS Commission may procure temporary and intermittent services from experts and consultants to the same extent as is authorized by section 3109(b) of title 5 at rates and under such rules as the MRS Commission considers reasonable.

(C)The MRS Commission shall cease to exist 60 days after the submission to Congress of the report required under this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Level III of the Executive Schedule, referred to in subsec. (a)(4)(A)(i), is set out in section 5314 of Title 5, Government Organization and Employees. Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

Amendments

1988—Subsec. (a)(3). Pub. L. 100–507 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The report under this subsection, together with the recommendation of the MRS Commission, shall be transmitted to Congress on June 1, 1989.”

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§10163 Monitored Retrievable Storage Commission