Radioactive Wastes
Through our representation of nuclear power industry clients, we are intimately familiar with the Nuclear Regulatory Commission's (NRC) comprehensive regulatory program over radioactive material, including spent nuclear fuel, low-level radioactive waste and mixed waste. Representative matters include the identification of mixed waste disposal alternatives, preemption of local ordinances under the Atomic Energy Act (e.g. drinking water standards and zoning approval), interstate compacts and disposal options under the Nuclear Waste Policy Act of 1982 (as amended), and development of technical and commercial terms for an interim spent nuclear fuel storage facility under a general license-by-rule issued by the NRC. Sample representations include:
- Advising a client about Naturally Occurring Radioactive Materials (NORM) regulation under the federal Safe Drinking Water Act, the Resource Conservation and Recover Act and the "Superfund", including the jurisdictional authority of federal and state agencies to authorize underground and surface deposition of NORM;
- Developing commercial terms and conditions for the transportation, treatment and disposal of radioactive wastes and assisted clients in assuring the technical and financial qualifications of qualified vendors;
- Assisting in conducting an "environmental due diligence" review on depleted uranium stockpiles owned by corporation to be acquired by our client;
- Providing legal advice to clarify regulatory requirements applicable to Polychlorinated Biphenyls (PCBs) in a radioactive-contaminated environment;
- Supporting a client's development of an integrated program to address the storage and disposal of radioactive and hazardous waste generated in the decommissioning of a nuclear power reactor. Areas included material inventory, release criteria, storage protocols, documentation and the allocation of responsibilities between functional groups as influenced by NRC and EPA requirements;
- Conducting multiple internal investigations of alleged violations of radioactive material "free release" criteria and other standards. Investigations in one instance confirmed wrongdoing by an employee (who was barred from the nuclear industry by the NRC) and, in another, a knowing failure to comply with radiological procedures by another employee; and
- Advising regional railroad and nuclear power plants on the transportation of radioactive wastes, including classification of wastes, placards and other signage, emergency response, documentation and transportation agreements.