West Valley Demonstration Project Act

(Senate agreed to House amendments with an amendment)

West Valley Demonstration Project Act - Directs the Secretary of Energy to carry out a high level radioactive waste management demonstration project at the Western New York Service Center (the Center) in West Valley, New York, to demonstrate solidification techniques for preparing high level radioactive waste for disposal. Directs the Secretary to: (1) solidify such waste into a suitable form for transportation and disposal at the center by vitrification or such other technology which the Secretary determines to be most effective for solidification; (2) develop containers for the permanent disposal of such solidified waste; (3) transport, in accordance with applicable provisions of law, such solidified waste to an appropriate Federal repository for permanent disposal; (4) dispose of low level radioactive waste and transuranic waste produced by the solidification of high level radioactive waste under such project; and (5) decontaminate and decommission facilities, materials, and hardware used in connection with such project.

Requires that prior to starting such project, the Secretary shall: (1) hold public hearings to inform residents near the Center of such project and receive their comments; (2) consider the various solidification techniques available; (3) undertake engineering and cost estimates; (4) prepare a plan for the safe removal of high level radioactive waste; (5) conduct safety analyses; and (6) prepare required environmental impact analyses.

Directs the Secretary to enter into a cooperative agreement with the State of New York under which: (1) the State shall make available the facilities and the high level radioactive waste at the Center; (2) the Secretary shall provide technical assistance in securing required license amendments; (3) the State shall pay ten percent of the costs of such project; and (4) the State and the Department of Energy shall submit jointly a licensing amendment to the Nuclear Regulatory Commission (NRC) allowing for such project.

Requires the Secretary and the NRC, within one year of the date of enactment of this Act, to enter into an agreement to arrange for NRC review and consultation concerning a plan for the solidification and disposal of high level radioactive waste and the decontamination of facilities used in solidifying such waste. Specifies that such review and consultation shall be conducted informally by the NRC and shall not include or require formal procedures pursuant to the Atomic Energy Act of 1954, the Energy Reorganization Act of 1974, or any other law. Sets forth the provisions of such agreement, including a requirement that the Secretary shall afford the NRC access to the Center to monitor the activities under the project in order to assure the public health and safety. Directs the Secretary, in carrying out the project, to consult with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, the Director of the Geological Survey, and the commercial operator of the Center.

Authorizes appropriations for fiscal year 1981 for the project. Provides that the total amount obligated for such project shall be 90 percent of the costs of the project. Limits the authority of the Secretary to enter into contracts under this Act in any fiscal year to such extent or in such amounts as are provided in advance by appropriation Acts.

Directs the Secretary to transmit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the activities conducted in carrying out the project, beginning no later than February, 1981.

States that, except for the costs and responsibilities established by this Act for the project, nothing in this Act is to be construed as affecting any rights, obligations, or liabilities of the commercial operator of the Center, the State of New York, or any person arising under the Atomic Energy Act of 1954 or under any other law, contract or agreement for the operation, maintenance, or decontamination of any facility at the Center. Declares that nothing in this Act is to be construed as affecting any licensing requirements of such Act or the Energy Reorganization Act of 1974. Prohibits the application of this Act to any facility or property at the Center which is not used in conducting such project. States that this Act may not be construed to expand or diminish the rights of the Federal Government.

Declares that this Act does not authorize the Federal Government to acquire title to any high level radioactive waste at the Center or to the Center.