June 11, 1984 Hearing on the Price-Anderson Act Mr. Chairman and Members of the Committee: My name is John Bigelow, deputy attorney general of New Mexico. Attorney general Paul Bardacke of New Mexico appreciates the opportunity to file and present testimony today. New Mexico is unique with regard to Price-Anderson coverage, because of the Waste Isolation Pilot Plant (WIPP) and the WIPP Supplemental Stipulated Agreement (SSA) provisions related to Price-Anderson. A copy of the SSA and a lengthier presentation of the state's views in the form of an Analysis have been provided to staff for inclusion in the record. The WIPP is a Department of Energy project under construction, located in southeastern New Mexico near Carlsbad. Its purposes are to permanently store transuranic waste (TRU waste) and to conduct experiments on the storage of high level radioactive waste. In December, 1982, as a result of protracted negotiations following the filing of a lawsuit challenging many aspects of DOE's proposal to build the WIPP, the state and DOE entered into the SSA in an attempt to resolve many of the state's concerns on WIPP construction and operation. area addressed in the SSA is that of A significant Price-Anderson coverage. We are aware that this hearing is in part to receive testimony on two bills pending now, H.R. 3277, introduced by Rep. Seiberling and H.R. 421, sponsored by Rep. Weiss. We feel that it would be premature to take a position on these bills at this time, except to note that many issues raised by New Mexico in this testimony are not covered in the proposed legislation. Additionally, because the NRC does not license the WIPP facility, we shall not comment on the December 1983 NRC Report on Price-Anderson. ing this testimony is to Our principal purpose in present make information available to the committee and to present specific concerns and issues which at this time are unique with respect to Price-Anderson. WIPP is an unlicensed DOE facility for the storage of As such, Price-Anderson coverage, defense nuclear waste. if any at this time, falls under the 170d provisions of the Act, the contractor indemnity clause. In order to attempt to reassure the state, DOE agreed in the SSA that: 2. The term "persons indemnified" as used in Price- and its political subdivisions and municipal ities. 3. Price-Anderson indemnity coverage does extend to New Mexico, notwithstanding the 1975 amendment to the term "persons indemnified" and the current |