National Nuclear Waste Regulation and Control Act of 1980

National Nuclear Waste Regulation and Control Act of 1980 - Amends the Energy Act of 1974 to extend the licensing and related regulatory authority of the Nuclear Regulatory Commission over specified facilities of the Energy Research and Development Administration to include: (1) facilities used primarily for the receipt and storage or disposal of transuranic waste or low-level radioactive waste (currently only high-level wastes) resulting from activities licensed under such Act; and (2) retrievable surface facilities and other facilities authorized for the purpose of long-term storage or disposal of transuranic wastes or nondefense low-level radioactive wastes (currently only high-level wastes) generated by the Administration, which are not used for, or part of, research and development activities. Requires that the Commission, prior to the issuance of any such construction authorization, license, or license amendment, determine that: (1) such issuance would (a) present no unreasonable risk to public health and safety and not be inimical to the common defense and security and (b) be consistent with all applicable environmental standards promulgated by the Administrator of the Environmental Protection Agency (EPA) pursuant to authority under existing law; and (2) such facility incorporates multiple barrier design.

Directs the Secretary of Energy and the Commission to establish a pilot program for auditing selected nuclear waste storage facilities of the Department of Energy, that are not subject to the Commission's licensing and related regulatory authority under such Act, to determine whether there is a need to grant the Commission authority over such facilities. Directs the Secretary of Energy and the Commission to: (1) submit to the Congress a memorandum of understanding delineating their respective responsibilities for conducting such program; (2) select the facilities to be included in such program; and (3) submit reports and written assessments to Congress. Authorizes the President to order the immediate suspension of any activity of the Department or the Commission under such program upon determination that such activity will jeopardize the common defense and security. Directs the President to transmit such order, with reasons and recommendations, to Congress within 15 days. Provides that such order remain in effect in the absence of timely adoption of a joint resolution of disapproval by the Congress.

Directs the Commission to require submission of: (1) a site characterization plan, including alternative media and sites, in advance of approving the characterization of any individual site for a geologic storage or disposal facility under specified provisions of the Energy Reorganization Act of 1974; and (2) at least four site characterization reports for sites at different locations and in at least three different geologic media by the Secretary, in consultation with the U.S. Geological Survey, prior to consideration of an application for authorization to construct such a facility, in order for the Commission to discharge its responsibility under the National Environmental Policy Act of 1969.

Directs the EPA Administrator to promulgate standards for offsite releases of radioactivity from facilities for the long-term geologic storage or geologic disposal of high-level radioactive waste and transuranic waste. Directs the Commission to promulgate technical criteria for review of applications for geologic disposal facility: (1) construction authorizations; (2) licenses to emplace radioactive waste; and (3) license amendments for decommissioning. Directs the Secretary to submit to the Commission at least four site characterizations (by 1985) and an application (by 1989) for authorization to construct a geologic disposal facility. Directs the Commission to act on such application by 1993. Directs the Secretary to submit to the Commission, by 1998, an application for a license to emplace radioactive wastes in any such facility for which the Commission has authorized construction. Directs the Commission to act on such application by the year 2000.

Directs the President to submit annual reports to the Congress on the status of the National Nuclear Waste Management Program and on the measures being taken to meet the national schedule outlined above. Directs any responsible agency or official or the Secretary to immediately notify the President upon determination that specified requirements will not be met by the date specified. Directs the President to promptly submit to the Congress a report: (1) on why such requirements will not be met; (2) on whether Congress should prohibit additional nuclear powerplant construction permits and operating licenses in light of such failure to meet requirements; and (3) on the impact of such failure on meeting subsequent requirements. Directs specified committees of Congress to submit reports and recommendations within 60 days of receiving the President's report and recommendations. Prohibits the Commission from issuing a construction permit or an operating license for any nuclear powerplant until after it issues a license for emplacement of radioactive wastes in a geologic disposal facility if, by the year 2000, it has not issued such an emplacement license.

Directs the Secretary to: (1) identify the States in which potentially acceptable sites for a facility for the geologic storage or disposal, including test disposal, of high-level or transuranic wastes; and (2) notify the Governor, the State legislature, and the Tribal Council of any affected Indian tribe in such States. Grants each such State and affected Indian tribe the right to concur or not concur, based on legitimate public health and safety or environmental concerns, in all stages of facility planning, siting, development, construction, and operation. Directs the Secretary to enter into negotiations with each such State and affected Indian tribe to establish formal arrangements under which such right may be exercised. Provides for public participation in such negotiations. Directs the Secretary to submit such arrangements for Presidential and Congressional review and approval. Prohibits the Secretary from proceeding beyond site exploration before a formal agreement with the State and any affected Indian tribe has been entered into. Provides for reports on the status of negotiations and of approved arrangements.

Requires that any program establishing a federally owned and operated system for the interim storage of spent fuel at away-from-reactor facilities be consistent with the policy of: (1) minimizing the need for such facilities by encouraging and assisting the storage of spent fuel at nuclear powerplant sites; (2) accepting Federal custody of spent fuel only if there is reasonable expectation of timely and adequate storage capacity at the powerplant site; and (3) assuring full cost recovery by the Federal Government for construction and operation of Federal away-from-reactor storage facilities.

Prohibits the Secretary from contracting for such a Federal away-from-reactor storage facility without express provision for the powerplant owner and operator: (1) retaining title to the spent fuel; and (2) bearing full financial responsibility for such person's share of the cost of Federal storage.

Prohibits the Secretary from entering into any obligation to construct or acquire such a storage facility until the President has submitted a proposal to construct or acquire the facility to the Congress and a period of 60 days of continuous session has elapsed without the passage of a concurrent resolution disapproving the President's proposal. Prohibits the Secretary from entering into any obligation to acquire an existing facility to provide away-from-reactor spent fuel storage, if such acquisition is not limited to actual spent fuel storage facilities needed for an away-from-reactor facility, unless the Secretary specifically determines that the acquisition of such storage facilities only is not practicable. Prohibits the use of such an acquired facility for any purpose other than away-from-reactor storage of spent fuel unless such use is expressly authorized by law. Requires that a detailed statement, with specified inclusions, accompany any proposal by the President to construct or acquire an away-from-reactor spent fuel storage facility.

Prohibits the Secretary from contracting with a person owning or operating a nuclear powerplant to provide interim storage of spent fuel unless such powerplant has been identified by the Secretary, with the concurrence of the Commission, in the President's statement or through an expedited review procedure, as being one for which there is no reasonable expectation of timely and adequate capacity for onsite storage of spent fuel. Waives such requirement of concurrence if the Commission fails to act within 45 days of receipt of such determination by the Secretary.

Conditions the issuance of a license for any nuclear powerplant for which an application for a construction permit has not been filed by June 1, 1980, upon the provision by such powerplant of adequate onsite storage capacity for the spent fuel to be generated over such powerplant's useful life or until such time as the Commission determines that a specified repository for the long-term geologic storage or geological disposal of high-level radioactive waste and transuranic waste will be in operation.

Allows persons filing an application for a license to construct and operate an independent spent fuel storage installation at the site of a nuclear powerplant to petition the Commission for authorization to begin construction prior to, or before the completion of, any required hearing. Requires that such petitions be accompanied by affidavits setting forth facts establishing that: (1) there is a reasonable expectation that denial will prevent the provision of timely and adequate onsite spent fuel storage; and (2) the capacity of existing onsite spent fuel storage facilities has been expanded to the maximum extent practicable. Directs the Commission to grant such petitions if the petitioner has established such facts and if there is a reasonable expectation that: (1) the requirements (other than that of a prior hearing) of the Atomic Energy Act of 1954, Commission rules and regulations, and the National Environmental Policy Act of 1969 will be met; and (2) the design, construction, and operation of such independent fuel storage installation, as described and analyzed in the license application, will present no significant risk to the public health and safety and the environment. Prohibits the Commissioner from granting such petitions after January 1, 1991.

Sets forth congressional review procedures for specified orders and arrangements under this Act.