Page:United States Statutes at Large Volume 96 Part 2.djvu/853

 PUBLIC LAW 97-425—JAN. 7, 1983

96 STAT. 2215

legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, a copy of such application. (c) STATUS REPORT ON APPLICATION.—Not later than 1 year after the date on which an application for a construction authorization is submitted under subsection (b), and annually thereafter until the date on which such authorization is granted, the Commission shall submit a report to the Congress describing the proceedings undertaken through the date of such report with regard to such application, including a description of— (1) any major unresolved safety issues, and the explanation of the Secretary with respect to design and operation plans for resolving such issues; (2) any matters of contention regarding such application; and (3) any Commission actions regarding the granting or denial of such authorization. (d) COMMISSION ACTION.—The Commission shall consider an appli- Construction cation for a construction authorization for all or part of a repository authorization in accordance with the laws applicable to such applications, except application. that the Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than— (1) January 1, 1989, for the first such application, and January 1, 1992, for the second such application; or (2) the expiration of 3 years after the date of the submission of such application, except that the Commission may extend such deadline by not more than 12 months if, not less than 30 days before such deadline, the Commission complies with the reporting requirements established in subsection (e)(2); whichever occurs later. The Commission decision approving the first such application shall prohibit the emplacement in the first repository of a quantity of spent fuel containing in excess of 70,000 metric tons of heavy metal or a quantity of solidified high-level radioactive waste resulting from the reprocessing of such a quantity of spent fuel until such time as a second repository is in operation. In the event that a monitored retrievable storage facility, approved pursuant to subtitle C of this Act, shall be located, or is planned to be located, within 50 miles of the first repository, then the Commission decision approving the first such application shall prohibit the emplacement of a quantity of spent fuel containing in excess of 70,000 metric tons of heavy metal or a quantity of solidified highlevel radioactive WEiste resulting from the reprocessing of spent fuel in both the repository and monitored retrievable storage facility until such time as a second repository is in operation. (e) PROJECT DECISION SCHEDULE.—(1) The Secretary shall prepare and update, as appropriate, in cooperation with all affected Federal agencies, a project decision schedule that portrays the optimum way to attain the operation of the repository involved, within the time periods specified in this subtitle. Such schedule shall include a description of objectives and a sequence of deadlines for all Federal agencies required to take action, including an identification of the activities in which a delay in the start, or completion, of such activities will cause a delay in beginning repository operation. (2) Any Federal agency that determines that it cannot comply Report submittal with any deadline in the project decision schedule, or fails to so to Secretary amd comply, shall submit to the Secretary and to the Congress a written Congress. report explaining the reason for its failure or expected failure to

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