Progress and Problems in Implementing the Nuclear Waste Policy Act of 1982

Pursuant to a congressional request, GAO testified on the progress of the Department of Energy's (DOE) nuclear waste program and its problems in implementing the Nuclear Waste Policy Act. DOE has made progress in some areas such as the issuance of final repository siting guidelines and completion of a program planning document; however, it has had difficulty meeting many of the established schedules. Its plans for construction of a monitored retrievable storage facility could hinder the repository program because both programs will be competing for limited staff and financial resources. In addition, DOE has not been able to conclude cooperative agreements because of state and tribal concerns about nuclear waste accident liability. Although DOE made numerous changes to the final plan to accommodate concerns raised, there were also areas where it disagreed with specific comments received from reviewers and made no modifications to the plan. DOE decided that its monitored retrievable storage facilities should receive the spent fuel, and consolidate and package it to enhance safe, timely, and reliable operation of the system. However, these revisions of the storage facility's role may present problems in: (1) increased costs and risks for transportation; (2) storage of defense and civilian nuclear wastes; and (3) construction of the facility by diverting financial and technical resources. GAO believes that: (1) a more conservative approach to the preparation of the draft environmental assessments might have eliminated some difficulties experienced in interpreting the guidelines; (2) repeatedly missed target dates for finalization of documents, such as environmental assessments, weakened the program's credibility; (3) DOE should promptly notify Congress of deviations in its program schedules in order for Congress to effectively conduct oversight activities; and (4) DOE should resolve liability issues before states finalize the cooperative agreements.