TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

ARTICLE I. POLICY AND PURPOSE

Sec. 1.01. The party states recognize a responsibility for each

state to seek to manage low-level radioactive waste generated

within its boundaries, pursuant to the Low-Level Radioactive Waste

Policy Act, as amended by the Low-Level Radioactive Waste Policy

Amendments Act of 1985 (42 U.S.C. 2021b-2021j). They also recognize

that the United States Congress, by enacting the Act, has

authorized and encouraged states to enter into compacts for the

efficient management and disposal of low-level radioactive waste.

It is the policy of the party states to cooperate in the protection

of the health, safety, and welfare of their citizens and the

environment and to provide for and encourage the economical

management and disposal of low-level radioactive waste. It is the

purpose of this compact to provide the framework for such a

cooperative effort; to promote the health, safety, and welfare of

the citizens and the environment of the party states; to limit the

number of facilities needed to effectively, efficiently, and

economically manage low-level radioactive waste and to encourage

the reduction of the generation thereof; and to distribute the

costs, benefits, and obligations among the party states; all in

accordance with the terms of this compact.

ARTICLE II. DEFINITIONS

Sec. 2.01. As used in this compact, unless the context clearly

indicates otherwise, the following definitions apply:

(1) `Act` means the Low-Level Radioactive Waste Policy Act,

as amended by the Low-Level Radioactive Waste Policy Amendments

Act of 1985 (42 U.S.C. 2021b-2021j).

(2) `Commission` means the Texas Low-Level Radioactive Waste

Disposal Compact Commission established in Article III of this

compact.

(3) `Compact facility` or `facility` means any site,

location, structure, or property located in and provided by the

host state for the purpose of management or disposal of

low-level radioactive waste for which the party states are

responsible.

(4) `Disposal` means the permanent isolation of low-level

radioactive waste pursuant to requirements established by the

United States Nuclear Regulatory Commission and the United

States Environmental Protection Agency under applicable laws,

or by the host state.

(5) `Generate,` when used in relation to low-level

radioactive waste, means to produce low-level radioactive

waste.

(6) `Generator` means a person who produces or processes

low-level radioactive waste in the course of its activities,

excluding persons who arrange for the collection,

transportation, management, treatment, storage, or disposal of

waste generated outside the party states, unless approved by

the commission.

(7) `Host county` means a county in the host state in which

a disposal facility is located or is being developed.

(8) `Host state` means a party state in which a compact

facility is located or is being developed. The State of Texas

is the host state under this compact.

(9) `Institutional control period` means that period of time

following closure of the facility and transfer of the facility

license from the operator to the custodial agency in compliance

with the appropriate regulations for long-term observation and

maintenance.

(10) `Low-level radioactive waste` has the same meaning as

that term is defined in Section 2(9) of the Act (42 U.S.C.

2021b(9)), or in the host state statute so long as the waste is

not incompatible with management and disposal at the compact

facility.

(11) `Management` means collection, consolidation, storage,

packaging, or treatment.

(12) `Operator` means a person who operates a disposal

facility.

(13) `Party state` means any state that has become a party

in accordance with Article VII of this compact. Texas, Maine,

and Vermont are initial party states under this compact.

(14) `Person` means an individual, corporation, partnership

or other legal entity, whether public or private.

(15) `Transporter` means a person who transports low-level

radioactive waste.

ARTICLE III. THE COMMISSION

Sec. 3.01. There is hereby established the Texas Low-Level

Radioactive Waste Disposal Compact Commission. The commission shall

consist of one voting member from each party state except that the

host state shall be entitled to six voting members. Commission

members shall be appointed by the party state governors, as

provided by the laws of each party state. Each party state may

provide alternates for each appointed member.

Sec. 3.02. A quorum of the commission consists of a majority of

the members. Except as otherwise provided in this compact, an

official act of the commission must receive the affirmative vote of

a majority of its members.

Sec. 3.03. The commission is a legal entity separate and

distinct from the party states and has governmental immunity to the

same extent as an entity created under the authority of Article

XVI, Section 59, of the Texas Constitution. Members of the

commission shall not be personally liable for actions taken in

their official capacity. The liabilities of the commission shall

not be deemed liabilities of the party states.

Sec. 3.04. The commission shall:

(1) Compensate its members according to the host state`s

law.

(2) Conduct its business, hold meetings, and maintain public

records pursuant to laws of the host state, except that notice

of public meetings shall be given in the non-host party states

in accordance with their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the

chair, or any member. The governor of the host state shall

appoint a chair and vice-chair.

(5) Keep an accurate account of all receipts and

disbursements. An annual audit of the books of the commission

shall be conducted by an independent certified public

accountant, and the audit report shall be made a part of the

annual report of the commission.

(6) Approve a budget each year and establish a fiscal year

that conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the

disposal and management of low-level radioactive waste in the

event that the compact facility should be closed. Any plan

which requires the host state to store or otherwise manage the

low-level radioactive waste from all the party states must be

approved by at least four host state members of the

commission. The commission, in a contingency plan or

otherwise, may not require a non-host party state to store

low-level radioactive waste generated outside of the state.

(8) Submit communications to the governors and to the

presiding officers of the legislatures of the party states

regarding the activities of the commission, including an annual

report to be submitted on or before January 31 of each year.

(9) Assemble and make available to the party states, and to

the public, information concerning low-level radioactive waste

management needs, technologies, and problems.

(10) Keep a current inventory of all generators within the

party states, based upon information provided by the party

states.

(11) By no later than 180 days after all members of the

commission are appointed under Section 3.01 of this article,

establish by rule the total volume of low-level radioactive

waste that the host state will dispose of in the compact

facility in the years 1995-2045, including decommissioning

waste. The shipments of low-level radioactive waste from all

non-host party states shall not exceed 20 percent of the volume

estimated to be disposed of by the host state during the

50-year period. When averaged over such 50-year period, the

total of all shipments from non-host party states shall not

exceed 20,000 cubic feet a year. The commission shall

coordinate the volumes, timing, and frequency of shipments from

generators in the non-host party states in order to assure that

over the life of this agreement shipments from the non-host

party states do not exceed 20 percent of the volume projected

by the commission under this paragraph.

Sec. 3.05. The commission may:

(1) Employ staff necessary to carry out its duties and

functions. The commission is authorized to use to the extent

practicable the services of existing employees of the party

states. Compensation shall be as determined by the commission.

(2) Accept any grants, equipment, supplies, materials, or

services, conditional or otherwise, from the federal or state

government. The nature, amount and condition, if any, of any

donation, grant or other resources accepted pursuant to this

paragraph and the identity of the donor or grantor shall be

detailed in the annual report of the commission.

(3) Enter into contracts to carry out its duties and

authority, subject to projected resources. No contract made by

the commission shall bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to

carry out the terms of this compact. Any rules promulgated by

the commission shall be adopted in accordance with the

Administrative Procedure and Texas Register Act (Article

6252-13a, Vernon`s Texas Civil Statutes).

(5) Sue and be sued and, when authorized by a majority vote

of the members, seek to intervene in administrative or judicial

proceedings related to this compact.

(6) Enter into an agreement with any person, state, regional

body, or group of states for the importation of low-level

radioactive waste into the compact for management or disposal,

provided that the agreement receives a majority vote of the

commission. The commission may adopt such conditions and

restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of

generators, or the host state of the compact, to export

low-level waste to a low-level radioactive waste disposal

facility located outside the party states. The commission may

approve the petition only by a majority vote of its members.

The permission to export low-level radioactive waste shall be

effective for that period of time and for the specified amount

of low-level radioactive waste, and subject to any other term

or condition, as is determined by the commission.

(8) Monitor the exportation outside of the party states of

material, which otherwise meets the criteria of low-level

radioactive waste, where the sole purpose of the exportation is

to manage or process the material for recycling or waste

reduction and return it to the party states for disposal in the

compact facility.

Sec. 3.06. Jurisdiction and venue of any action contesting any

action of the commission shall be in the United States District

Court in the district where the commission maintains its office.

ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY

STATES

Sec. 4.01. The host state shall develop and have full

administrative control over the development, management and

operation of a facility for the disposal of low-level radioactive

waste generated within the party states. The host state shall be

entitled to unlimited use of the facility over its operating life.

Use of the facility by the non-host party states for disposal of

low-level radioactive waste, including such waste resulting from

decommissioning of any nuclear electric generation facilities

located in the party states, is limited to the volume requirements

of Section 3.04(11) of Article III.

Sec. 4.02. Low-level radioactive waste generated within the

party states shall be disposed of only at the compact facility,

except as provided in Section 3.05(7) of Article III.

Sec. 4.03. The initial states of this compact cannot be members

of another low-level radioactive waste compact entered into

pursuant to the Act.

Sec. 4.04. The host state shall do the following:

(1) Cause a facility to be developed in a timely manner and

operated and maintained through the institutional control

period.

(2) Ensure, consistent with any applicable federal and host

state laws, the protection and preservation of the environment

and the public health and safety in the siting, design,

development, licensing, regulation, operation, closure,

decommissioning, and long-term care of the disposal facilities

within the host state.

(3) Close the facility when reasonably necessary to protect

the public health and safety of its citizens or to protect its

natural resources from harm. However, the host state shall

notify the commission of the closure within three days of its

action and shall, within 30 working days of its action, provide

a written explanation to the commission of the closure, and

implement any adopted contingency plan.

(4) Establish reasonable fees for disposal at the facility

of low-level radioactive waste generated in the party states

based on disposal fee criteria set out in Sections 402.272 and

402.273, Texas Health and Safety Code. The same fees shall be

charged for the disposal of low-level radioactive waste that

was generated in the host state and in the non-host party

states. Fees shall also be sufficient to reasonably support

the activities of the Commission.

(5) Submit an annual report to the commission on the status

of the facility, including projections of the facility`s

anticipated future capacity, and on the related funds.

(6) Notify the Commission immediately upon the occurrence of

any event which could cause a possible temporary or permanent

closure of the facility and identify all reasonable options for

the disposal of low-level radioactive waste at alternate

compact facilities or, by arrangement and Commission vote, at

noncompact facilities.

(7) Promptly notify the other party states of any legal

action involving the facility.

(8) Identify and regulate, in accordance with federal and

host state law, the means and routes of transportation of

low-level radioactive waste in the host state.

Sec. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-level

radioactive waste shipments originating within its borders and

destined for the facility to conform to packaging, processing,

and waste from specifications of the host state.

(2) Maintain a registry of all generators within the state

that may have low-level radioactive waste to be disposed of at

a facility, including, but not limited to, the amount of

low-level radioactive waste and the class of low-level

radioactive waste generated by each generator.

(3) Develop and enforce procedures requiring generators

within its borders to minimize the volume of low-level

radioactive waste requiring disposal. Nothing in this compact

shall prohibit the storage, treatment, or management of waste

by a generator.

(4) Provide the commission with any data and information

necessary for the implementation of the commission`s

responsibilities, including taking those actions necessary to

obtain this data or information.

(5) Pay for community assistance projects designated by the

host county in an amount for each non-host party state equal to

10 percent of the payment provided for in Article V for each

such state. One-half of the payment shall be due and payable

to the host county on the first day of the month following

ratification of this compact agreement by Congress and one-half

of the payment shall be due and payable on the first day of the

month following the approval of a facility operating license by

the host state`s regulatory body.

(6) Provide financial support for the commission`s

activities prior to the date of facility operation and

subsequent to the date of congressional ratification of this

compact under Section 7.07 of Article VII. Each party state

will be responsible for annual payments equalling its pro-rata

share of the commission`s expenses, incurred for

administrative, legal, and other purposes of the commission.

(7) If agreed by all parties to a dispute, submit the

dispute to arbitration or other alternate dispute resolution

process. If arbitration is agreed upon, the governor of each

party state shall appoint an arbitrator. If the number of

party states is an even number, the arbitrators so chosen shall

appoint an additional arbitrator. The determination of a

majority of the arbitrators shall be binding on the party

states. Arbitration proceedings shall be conducted in

accordance with the provisions of 9 U.S.C. Sections 1 to 16. If

all parties to a dispute do not agree to arbitration or

alternate dispute resolution process, the United States

District Court in the district where the commission maintains

its office shall have original jurisdiction over any action

between or among parties to this compact.

(8) Provide on a regular basis to the commission and host

state -

(A) an accounting of waste shipped and proposed to be

shipped to the compact facility, by volume and curies;

(B) proposed transportation methods and routes; and

(9) Seek to join in any legal action by or against the host

state to prevent nonparty states or generators from disposing

of low-level radioactive waste at the facility.

Sec. 4.06. Each party state shall act in good faith and may

rely on the good faith performance of the other party states

regarding requirements of this compact.

ARTICLE V. PARTY STATE CONTRIBUTIONS

Sec. 5.01. Each party state, except the host state, shall

contribute a total of $25 million to the host state. Payments

shall be deposited in the host state treasury to the credit of the

low-level waste fund in the following manner except as otherwise

provided. Not later than the 60th day after the date of

congressional ratification of this compact, each non-host party

state shall pay to the host state $12.5 million. Not later than

the 60th day after the date of the opening of the compact facility,

each non-host party state shall pay to the host state an additional

$12.5 million.

Sec. 5.02. As an alternative, the host state and the non-host

states may provide for payments in the same total amount as stated

above to be made to meet the principal and interest expense

associated with the bond indebtedness or other form of indebtedness

issued by the appropriate agency of the host state for purposes

associated with the development, operation, and post-closure

monitoring of the compact facility. In the event the member states

proceed in this manner, the payment schedule shall be determined in

accordance with the schedule of debt repayment. This schedule

shall replace the payment schedule described in Section 5.01 of

this article.

ARTICLE VI. PROHIBITED ACTS AND PENALTIES

Sec. 6.01. No person shall dispose of low-level radioactive

waste generated within the party states unless the disposal is at

the compact facility, except as otherwise provided in Section

3.05(7) of Article III.

Sec. 6.02. No person shall manage or dispose of any low-level

radioactive waste within the party states unless the low-level

radioactive waste was generated within the party states, except as

provided in Section 3.05(6) of Article III. Nothing herein shall be

construed to prohibit the storage or management of low-level

radioactive waste by a generator, nor its disposal pursuant to 10

C.F.R. Part 20.302.

Sec. 6.03. Violations of this article may result in prohibiting

the violator from disposing of low-level radioactive waste in the

compact facility, or in the imposition of penalty surcharges on

shipments to the facility, as determined by the commission.

ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT; CONGRESSIONAL

CONSENT; WITHDRAWAL; EXCLUSION

Sec. 7.01. The states of Texas, Maine, and Vermont are party

states to this compact. Any other state may be made eligible for

party status by a majority vote of the commission and ratification

by the legislature of the host state, subject to fulfillment of the

rights of the initial non-host party states under Section 3.04(11)

of Article III and Section 4.01 of Article IV, and upon compliance

with those terms and conditions for eligibility that the host state

may establish. The host state may establish all terms and

conditions for the entry of any state, other than the states named

in this section, as a member of this compact; provided, however,

the specific provisions of this compact, except for those

pertaining to the composition of the commission and those

pertaining to Section 7.09 of this article, may not be changed

except upon ratification by the legislatures of the party states.

Sec. 7.02. Upon compliance with the other provisions of this

compact, a state made eligible under Section 7.01 of this article

may become a party state by legislative enactment of this compact

or by executive order of the governor of the state adopting this

compact. A state becoming a party state by executive order shall

cease to be a party state upon adjournment of the first general

session of its legislature convened after the executive order is

issued, unless before the adjournment, the legislature enacts this

compact.

Sec. 7.03. Any party state may withdraw from this compact by

repealing enactment of this compact subject to the provisions

herein. In the event the host state allows an additional state or

additional states to join the compact, the host state`s

legislature, without the consent of the non-host party states,

shall have the right to modify the composition of the commission so

that the host state shall have a voting majority on the commission,

provided, however, that any modification maintains the right of

each initial party state to retain one voting member on the

commission.

Sec. 7.04. If the host state withdraws from the compact, the

withdrawal shall not become effective until five years after

enactment of the repealing legislation and the non-host party

states may continue to use the facility

during that time. The financial obligation of the non-host party

states under Article V shall cease immediately upon enactment of

the repealing legislation. If the host state withdraws from the

compact or abandons plans to operate a facility prior to the date

of any non-host party state payment under Sections 4.05(5) and (6)

of Article IV or Article V, the non-host party states are relieved

of any obligations to make the contributions. This section sets out

the exclusive remedies for the non-host party states if the host

state withdraws from the compact or is unable to develop and

operate a compact facility.

Sec. 7.05. A party state, other than the host state, may

withdraw from the compact by repealing the enactment of this

compact, but this withdrawal shall not become effective until two

years after the effective date of the repealing legislation.

During this two-year period the party state will continue to have

access to the facility. The withdrawing party shall remain liable

for any payments under Sections 4.05(5) and (6) of Article IV that

were due during the two-year period, and shall not be entitled to

any refund of payments previously made.

Sec. 7.06. Any party state that substantially fails to comply

with the terms of the compact or to fulfill its obligations

hereunder may have its membership in the compact revoked by a

seven-eighths vote of the commission following notice that a

hearing will be scheduled not less than six months from the date of

the notice. In all other respects, revocation proceedings

undertaken by the commission will be subject to the Administrative

Procedure and Texas Register Act (Article 6252-13a, Vernon`s Texas

Civil Statutes), except that a party state may appeal the

commission`s revocation decision to the United States District

Court in accordance with Section 3.06 of Article III. Revocation

shall take effect one year from the date such party state receives

written notice from the commission of a final action. Written

notice of revocation shall be transmitted immediately following the

vote of the commission, by the chair, to the governor of the

affected party state, all other governors of party states, and to

the United States Congress.

Sec. 7.07. This compact shall take effect following its

enactment under the laws of the host state and any other party

state and thereafter upon the consent of the United States Congress

and shall remain in effect until otherwise provided by federal

law. If Texas and either Maine or Vermont ratify this compact, the

compact shall be in full force and effect as to Texas and the other

ratifying state, and this compact shall be interpreted as follows:

(1) Texas and the other ratifying state are the initial

party states.

(2) The commission shall consist of two voting members from

the other ratifying state and six from Texas.

(3) Each party state is responsible for its pro-rata share

of the commission`s expenses.

Sec. 7.08. This compact is subject to review by the United

States Congress and the withdrawal of the consent of Congress every

five years after its effective date, pursuant to federal law.

Sec. 7.09. The host state legislature, with the approval of the

governor, shall have the right and authority, without the consent

of the non-host party states, to modify the provisions contained in

Section 3.04(11) of Article III to comply with Section

402.219(c)(1), Texas Health & Safety Code, as long as the

modification does not impair the rights of the initial non-host

party states.

ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

Sec. 8.01. The provisions of this compact shall be broadly

construed to carry out the purposes of the compact, but the

sovereign powers of a party shall not be infringed upon

unnecessarily.

Sec. 8.02. This compact does not affect any judicial proceeding

pending on the effective date of this compact.

Sec. 8.03. No party state acquires any liability, by joining

this compact, resulting from the siting, operation, maintenance,

long-term care or any other activity relating to the compact

facility. No non-host party state shall be liable for any harm or

damage from the siting, operation, maintenance, or long-term care

relating to the compact facility. Except as otherwise expressly

provided in this compact, nothing in this compact shall be

construed to alter the incidence of liability of any kind for any

act or failure to act. Generators, transporters, owners and

operators of facility shall be liable for their acts, omissions,

conduct or relationships in accordance with applicable law. By

entering into this compact and securing the ratification by

Congress of its terms, no party state acquires a potential

liability under section 5(d)(2)(C) of the Act (42 U.S.C. Sec.

2021e(d)(2)(C)) that did not exist prior to entering into this

compact.

Sec. 8.04. If a party state withdraws from the compact pursuant

to Section 7.03 of Article VII or has its membership in this

compact revoked pursuant to section 7.06 of Article VII, the

withdrawal or revocation shall not affect any liability already

incurred by or chargeable to the affected state under Section 8.03

of this article.

Sec. 8.05. The provisions of this compact shall be severable

and if any phrase, clause, sentence, or provision of this compact

is declared by a court of competent jurisdiction to be contrary to

the constitution of any participating state or of the United States

or the applicability thereof to any government, agency, person or

circumstances is held invalid, the validity of the remainder of

this compact and the applicability thereof to any government,

agency, person, or circumstance shall not be affected thereby to

the extent the remainder can in all fairness be given effect. If

any provision of this compact shall be held contrary to the

constitution of any state participating therein, the compact shall

remain in full force and effect as to the state affected as to all

severable matters.

Sec. 8.06. Nothing in this compact diminishes or otherwise

impairs the jurisdiction, authority, or discretion of either of the

following:

(1) The United States Nuclear Regulatory Commission pursuant

to the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec.

2011 et seq.).

(2) An agreement state under section 274 of the Atomic

Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).

Sec. 8.07. Nothing in this compact confers any new authority on

the states or commission to do any of the following:

(1) Regulate the packaging or transportation of low-level

radioactive waste in a manner inconsistent with the regulations

of the United States Nuclear Regulatory Commission or the

United States Department of Transportation.

(2) Regulate health, safety, or environmental hazards from

source, by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement

states or of the United States Nuclear Regulatory Commission.`.

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TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT