3 Yankee Companies and National Spent Nuclear Fuel Issue Update NEHLRWT Taskforce Presentation November 1, 2017 Portland, Maine Eric Howes, Director Public & Government Affairs Maine Yankee

3 Yankees: Stand-Alone ISFSI Sites Connecticut Yankee, Yankee Rowe, and Maine Yankee: Plant decommissionings completed by 2007; SNF/GTCC waste moved to dry cask storage by 2005. Stored in NAC canisters licensed for Storage & Transport. As NRC licensees, companies are: required to stay in business; responsible for storing material in accordance with all regulatory requirements; average annual cost per company of about $8 - $10 m/year. When DOE fulfills its contractual obligations to remove the SNF/GTCC waste: the ISFSIs will be decommissioned; NRC licenses terminated; companies will go out of business; sites will be available for other purposes.

Connecticut Yankee Yankee Rowe Maine Yankee

The 3 Yankee Company ISFSIs Connecticut Yankee Maine Yankee 15 Spent Fuel Dry Casks 1 GTCC Dry Cask NAC canister system Yankee Rowe 40 Spent Fuel Dry Casks 3 GTCC Dry Casks NAC canister system 60 Spent Fuel Dry Casks 4 GTCC Dry Casks NAC canister system

3 Yankees: Stand-Alone ISFSI Sites The 3 companies have been in litigation since 1998 to recover costs resulting from the government’s failure to fulfill its contractual obligations: Through 2012 courts have awarded the companies about $470 m in damages; Court confirmed in most recent decision that had DOE performed as required by contract MY would have been out of business by the end of 2008, CY and YR by the end of 2010. Phase IV litigation filed in May 2017, 2013-2016.

National Status Spent Nuclear Issue Administration/DOE Administration has requested $120 m in FY ‘18 funding to resume the YM License application process and to initiate “robust” CIS program. NRC has requested $30 m to support HLW activities. October 12th, Secretary Perry testified before the House Energy and Commerce Subcommittee on Energy. In response to questions from regarding nuclear waste management He said: the President’s FY ‘18 budget requests funding to restart the YM licensing proceedings and the sooner DOE receives the necessary funding from Congress, the sooner DOE can get to work. Secretary Perry also said the country needs to look for interim alternatives whether that includes the Waste Isolation Pilot Project in New Mexico, the proposed CIS site in west Texas, or a new site - there needs to be more options than just YM.

Permanently & Announced Shutdown Nuclear Plant Sites

National Status Spent Nuclear Fuel Issue cont. Congress - FY ‘18 Appropriations Activities Congress in September approved a CR to fund the government until Dec 8. The CR did not include funding for YM or CIS. The House approved $120 m for YM licensing activities and $30 m for NRC LA review. No funds for CIS. The Senate Energy & Water Appropriations Subcommittee approved funding for a pilot CIS program with priority for shutdown reactor sites as they have done in past years. No funds for YM. Senator Collins during the bill’s mark up noted MY was “shutdown so long ago I don’t even remember the date, yet we still have nuclear waste at the site. An interim storage solution is desperately needed.”

National Status Spent Nuclear Fuel Issue cont. Nuclear Waste Policy Amendments Act of 2017 Rep Shimkus (D-IL),Chair, Environment Subcommittee, Energy & Commerce - Would amend the NWPA to move the YM licensing process forward and address issues such as needed land withdrawals. Would authorize the DOE Secretary to begin to develop a single interim storage facility. There are a series of steps required by 2019 to determine whether such a facility makes programmatic sense. At that point, the DOE may begin to develop a cooperative agreement with one private facility for storage services that must include a preference for the movement of fuel from shutdown sites. Interim storage site must hold NRC license and have approval from state, local, and affected Indian tribes.

National Status Spent Nuclear Fuel Issue cont. Nuclear Waste Policy Amendments Act of 2017 The bill contains a linkage provision that fuel may not be moved to the interim storage facility until there is a final NRC decision on the YM construction authorization; however, it does grant the Secretary the discretion to start the movement of stranded fuel to the interim facility upon a finding that a final decision is imminent. The House Energy & Commerce Committee passed the bill 49-4 in a large bipartisan vote June 28. The bill which has over 100 cosponsors has not yet been scheduled for a House vote.

National Status Spent Nuclear Fuel Issue cont. Other Nuclear Waste bills expected or Introduced The Senate Energy Committee and Energy & Water Development Committee leaders are still expected to re-introduce this session the bi-partisan comprehensive nuclear waste reform bill they introduced the past two sessions aimed at implementing several of the recommendations of the BRC, including establishment of a pilot CIS facility for shutdown plant site material. There has been no action on the following nuclear waste bills introduced this session: The Interim Consolidated Storage Act [HR 474]; the Sensible Nuclear Waste Disposition Act [HR 433]; and the Nuclear Waste Informed Consent Act [SB 95; HR 456].

National Status Spent Nuclear Fuel Issue cont. The Stranded Nuclear Waste Accountability Act of 2017 (HR 3929) Introduced in Oct by Rep Courtney (D-CT), cosponsors Rep Welch (D-VT), Rep Pingree (D-ME) seeks to provide payments to local communities to cover the losses associated with storing nuclear waste at retired nuclear sites until a new national facility can be opened. The Sensible, Timely Relief for America's Nuclear Districts' Economic Development Act introduced in Oct by Sen. Tammy Duckworth (D-Ill) and Rep. Brad Schneider (D-Ill) (S 1903 and HR 3970) are designed to incentivize economic development and provide compensation to shutdown site communities. - would also require the DOE to establish a Task Force to examine private and public resources and funding that might help these communities develop immediate and long-term adjustment plans. Rep Huffman (D-CA) cosponsor.

Private CIS License Applications Texas Proposal: In a June 2017 ruling in favor of the government, a judge denied the proposed sale of Waste Control Specialists to Energy Solutions on antitrust grounds. WCS expects to have an announcement this month about a potential new owner and is hopeful the company will resume its NRC license application review. WCS submitted a license application for a proposed CIS facility to the NRC April 28, 2016 and NRC formally docketed the WCS license application on January 26, 2017. NRC suspended review of WCS’s license application at the company’s request. New Mexico Proposal: The Holtec International and Eddy Lea Alliance license application to the NRC to site a CIS facility in New Mexico has been reviewed by the NRC staff. Holtec submitted the license application March 31, 2017. The NRC staff subsequently requested supplemental information, so the application is not yet formally docketed. Both proposed CIS sites would initially receive SNF from shutdown sites.

Summary Since 2010 SNF management has been in a stalemate with no funds appropriated for the YM license application or a CIS program. The Trump Administration has requested funding to move ahead in FY’ 18 with the YM LA and a “robust” CIS program. Policy direction and funding from Congress are needed. Meanwhile, until the DOE meets its obligations SNF & GTCC Waste remains stranded at the three Yankee sites at an average annual cost of approximately $8-$10 m per site, and the 3 companies continue to seek reimbursement of ISFSI costs in the courts.