U.S. Code » Title 42 » Chapter CHAPTER 108— NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part C— Monitored Retrievable Storage

42 U.S.C. § 10168

Construction authorization

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(a) Environmental impact statement(1) Once the selection of a site is effective under section 10166 of this title, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored retrievable storage facility, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title.(2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 10161(b)(1) of this title in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility authorized under section 10162(b) of this title.(b) Application for construction license

Once the selection of a site for a monitored retrievable storage facility is effective under section 10166 of this title, the Secretary may submit an application to the Commission for a license to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this chapter affecting such facility.

(c) Licensing

Any monitored retrievable storage facility authorized pursuant to section 10162(b) of this title shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title.

(d) Licensing conditionsAny license issued by the Commission for a monitored retrievable storage facility under this section shall provide that—(1) construction of such facility may not begin until the Commission has issued a license for the construction of a repository under section 10135(d) 11 So in original. Section 10135(d) of this title does not relate to Commission issuance of license. of this title;(2) construction of such facility or acceptance of spent nuclear fuel or high-level radioactive waste shall be prohibited during such time as the repository license is revoked by the Commission or construction of the repository ceases;(3) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a repository under this chapter first accepts spent nuclear fuel or solidified high-level radioactive waste; and(4) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal.(Pub. L. 97–425, title I, § 148, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.)Editorial NotesReferences in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

Codification

Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 2003–2023 · leading case: Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006).
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Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006). · cites it 6× “” 42 U.S.C. § 10168 (d)(3). Once a repository began to accept SNF or HLW, the 1987 Amendments Act provided that such quantity may never exceed 15,000 MTU, id.”
Sys. Fuels, Inc. v. United States, 79 Fed. Cl. 37 (Fed. Cl. 2007). · cites it 6× “at 1330-236 (codified at 42 U.S.C. §§ 10168 (d)(3), (4)). The 1987 Nuclear Waste Policy Amendments Act also established the Office of the Waste Negotiator (the “Negotiator”) to attempt to reach an agreement with a state or Indian tribe for the siting of a MRS and a repository.”
Tennessee Valley Auth. v. United States, 69 Fed. Cl. 515 (Fed. Cl. 2006). · cites it 5× “Code, including 42 U.S.C. § 10168 ). However, Congress placed important limitations on a possible MRS.”
Commonwealth Edison Co. v. United States, 56 Fed. Cl. 652 (Fed. Cl. 2003). · cites it 4× “at 5-6, 38-45 (citing 42 U.S.C. § 10168 (d)(3)). Finally, defendant contends that if the court finds that no acceptance rate is specified in accord with its various arguments, then the court “should remand this matter to the agency to issue a final decision identifying an…”
Yankee Atomic Elec. Co. v. United States, 73 Fed. Cl. 249 (Fed. Cl. 2006). · cites it 3× “1330 , 1330-227 to 1330-255 (1987) (codified in scattered sections of Title 42 of the United States Code, including 42 U.S.C. § 10168 .). First, assuming a location site was “negotiated” (and efforts of an MRS negotiator were not successful), an MRS could not be built until a…”
Sys. Fuels, Inc. v. United States, 78 Fed. Cl. 769 (Fed. Cl. 2007). · cites it 3× “Code, including 42 U.S.C. § 10168 ). DOE, however, was prohibited from developing a MRS until after the NRC authorized construction of a permanent repository.”
Sys. Fuels, Inc. v. United States, 79 Fed. Cl. 182 (Fed. Cl. 2007). · cites it 3× “42 U.S.C. § 10168 (d)(1), (2). And, third, a MRS would only be permitted to store 10,000 metric tons of uranium (“MTU”) until the repository commenced accepting spent nuclear fuel, and the MRS could never store more than 15,000 MTU at any given time.”
S. Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (Fed. Cl. 2007). · cites it 2× “42 U.S.C. § 10168 (d)(1). This condition would delay commencement by five years.”
Dominion Resources, Inc. v. United States, 84 Fed. Cl. 259 (Fed. Cl. 2008). · cites it 3× “42 U.S.C. § 10168 (d)(1),(2). 6 Third, the Amendments Act limited the total capacity of an MRS to 10,000 MTU “until the permanent repository became operational.”
Tennessee Valley Auth. v. United States, 60 Fed. Cl. 665 (Fed. Cl. 2004). · cites it 2× “See 42 U.S.C. § 10168 (d)(3); Commonwealth Edison II, 56 Fed.”
N. States Power Co. v. United States, 78 Fed. Cl. 449 (Fed. Cl. 2007). · cites it 2× “§ 10165 (b), and that construction of the MRS facility not begin "until the [NRC] has issued a license for the construction of a repository,” 42 U.S.C. § 10168 (d)(1). Finally, the Amendments Act provided that "the quantity of spent nuclear fuel or high-level radioactive waste…”
Sacramento Mun. Util. Dist. v. United States, 70 Fed. Cl. 332 (Fed. Cl. 2006). “See 42 U.S.C. § 10168 (d)(1); see also PX 169 at DB0001469.”
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— 42 U.S.C. § 10168(d)(1) — 1 case
Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006). “” 42 U.S.C. § 10168 (d)(3). Once a repository began to accept SNF or HLW, the 1987 Amendments Act provided that such quantity may never exceed 15,000 MTU, id.”
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