The Senate Committee on Human Resources and Facilities was called to order by Vice Chairman Washington, at 1:50 p.m. on Wednesday, March 3, 1999, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Raymond D. Rawson, Chairman

Senator Maurice Washington, Vice Chairman

Senator Randolph J. Townsend

Senator Mark Amodei

Senator Bernice Mathews

Senator Michael Schneider

Senator Valerie Wiener

GUEST LEGISLATORS PRESENT:

Senator Joseph M. Neal, Jr., Clark County Senatorial District No. 4

STAFF MEMBERS PRESENT:

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Vice Chairman Washington opened hearings on Senate Joint Resolution (S.J.R.). 6.

Dr. Hechanova narrated a slide program on nuclear waste, stating spent nuclear fuel is reactor fuel that has come out of the core of a nuclear reactor. The material inside the core was going through a process called fission. There are over 100 plants in the United States, and approximately 400 plants in the world. By the year 2015 there will be approximately 70,000 tons of spent nuclear fuel in the United States. He asserted when fuel is removed from a nuclear power reactor, very little of the material is actually fissioned. About 96 percent or 67,000 tons is depleted uranium, which is not high-level radioactive waste. Of the remainder, 600 tons is transuranic (TRU) waste, the isotopes that were produced by the neutron capture of some of the uranium. 500 tons of the TRU waste is plutonium, which is not high-level nuclear waste. He pointed out a project in New Mexico known as Waste Isolation Pilot Plant (WIPP) is scheduled to open to store TRU waste. Specifically excluded is high-level waste and spent nuclear fuel, which is not allowed to be disposed of at the WIPP. Dr. Hechanova stated transmutation, shooting neutrons to destroy the radioactive nature in the waste materials, is not a new technology. A large facility could manage approximately seven plants. Approximately 14 regional facilities would be needed in the United States.

Senator Wiener expressed concern about leakage problems with nuclear waste. She cited projects where promises and predictions did not hold true. Dr. Hechanova stated transmutation technologies reduce or eliminate the risks associated with long-term disposal. Senator Rawson asked about the time frame anticipated for a transmutation project. Dr. Hechanova quoted an estimate from the Los Alamos National Laboratory stating the first 5 years is the technology assessment phase, the next 5 to 6 years for the design of a prototype facility, and the next 10 years is the building of a prototype facility.

Senator Rawson inquired if it was conceivable to bring the waste to Yucca Mountain for interim storage, and then send it to another site outside of Nevada. Dr. Hechanova responded the Savannah River Operations Office, near Aiken, South Carolina, would be competing for the prototype facility. In answer to Senator Wiener, Dr. Hechanova stated congressional budget cuts for further research is currently precluding the project.

Senator Neal affirmed for the record:

Vice Chairman Washington inquired about the possibility of the technology generating electricity. Dr. Hechanova said there is a potential of quadrupling our energy resources.

Vicky Soberinsky, Deputy Chief of Staff, Governor’s Office, read prepared testimony (Exhibit D). Robert R. Loux, Executive Director, Agency for Nuclear Projects, Governor’s Office, testified the Los Alamos National Laboratory, United States Department of Energy, presented the same facts in 1988, and they do not conflict with Dr. Hechanova’s presentation today. Mr. Loux averred locating a plant in Nevada would be unlikely because of seismic activity and lack of water. In 1988 the estimated time of completion was between 20 and 50 years.

Senator Neal and Mr. Loux agreed to meet in order to propose an amendment to indicate the State of Nevada supports research and development for the transmutation of high-level nuclear waste, as an alternative to disposal at Yucca Mountain.

Shirley Swafford, Concerned Citizen, read prepared testimony in opposition of S.J.R. 6 and S.B. 206 (Exhibit E).

Dr. Hechanova testified the information provided by Mr. Loux is outdated, current technology is significantly different than in 1988.

M. Lee Duzey, Concerned Citizen, spoke against S.J.R. 6 citing the reasons stated by the Governor’s Office.

Vice Chairman Washington closed the hearing on S.J.R. 6, and opened the hearing on S.B. 206.

Senator Mark E. Amodei, Capital Senatorial District, testified he is a sponsor of the bill because it will take advantage of the Nuclear Waste Policy Act of 1982, which authorizes the Governor or Legislature to submit to the Congress of the United States a notice of disapproval of a recommendation by the President of the United States to place a repository for the disposal of nuclear waste at Yucca Mountain. He stated that as an administrative measure, it is time to file a notice of intent to provide the proper tools to the appropriate people in state government working on the measure.

Ms. Soberinski read prepared testimony in support of S.B. 206 (Exhibit F).

Marta Adams, Senior Deputy Attorney General, Conservation and Natural Resources Section, Office of the Attorney General, read prepared testimony in support of S.B. 206 (Exhibit G). She affirmed the Office of the Attorney General is cooperating with various attorneys general, and Governor Guinn is coordinating with governors of other states.

Ms. Adams introduced Harry W. Swainston, Senior Deputy Attorney General, Retired, under contract with the Office of the Attorney General. Mr. Swainston addressed Senator Schneider’s inquiry concerning plans of the Office of the Attorney General to oppose nuclear storage if the next administration is Republican. He pointed out if storage facilities were approved for development, the Office of the Attorney General will challenge the constitutionality of the storage and file a notice of disapproval with a statement of reasons. The process would take approximately a year and a favorable decision by the United States Supreme Court could not be overridden by the President or Congress.

Senator Neal alerted the committee of several facts to consider when deliberating this bill. The Office of the Attorney General has filed 12 or more actions on these issues, and prevailed in just one. Additionally, 34 states have nuclear reactors or nuclear energy, and those states account for approximately 395 members of the U.S. House of Representative and 68 members of the U.S. Senate. The last time a matter concerning nuclear waste in Nevada was in the U.S. Senate, there was a lack of just one vote to override the President’s veto.

Vice Chairman Washington closed the hearing on S.B. 206, and opened the work session.

Pepper Sturm Committee Policy Analyist, Research Division, Legislative Counsel Bureau, read measures to be considered for action from the Work Session Document (Exhibit H).

Senator Rawson asked Vice Chairman Washington, a sponsor of the bill, if he supports the proposed amendments. Vice Chairman Washington said the first three proposed amendments are "friendly" amendments.

Senator Schneider said southern Nevada students currently have choices available. He said he is concerned this bill would put an extra burden on school boards. Senator Wiener added while she agrees with the bill in theory, overcrowding in the southern part of the state could be intensified. Vice Chairman Washington said the bill will not dismantle zoning requirements, it gives permissible language for the school boards to make decisions. Senator Mathews agreed with the concept of the bill, but she believes that most political decisions should be made at the local level.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Maurice Washington, Vice Chairman

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