Achieving a negotiated compensation agreement in siting: The MRS case

Theoreticians claim that negotiated compensation plans could overcome local resistance to nuclear waste (or other less than desirable) facilities, and the Nuclear Waste Policy Act of 1982 gives the Department of Energy considerable flexibility to negotiate with and compensate states in which it locates waste storage. DOE's monitored retrievable storage (MRS) proposal is the first attempt under the NWPA to site nuclear waste operations, and both DOE and one local community tried the negotiated compensation approach with some success. State and regional leaders chose to oppose the project rather than to negotiate, however. The limited experience to date suggests that local reluctance to negotiate is a generic weakness of the compensation approach to siting and must be given greater attention.     

Regulating Atomic Energy in the American Federal System

Congress totally preempted the regulation of ionizing radiationin 1946. In 1954 it authorized the private development and useof atomic energy. In 1959, Congress authorized the Atomic EnergyCommission to enter into agreements with states under whicha state can assume certain regulatory responsibilities. As of1987, twenty-nine states had signed agreements. Congress hasenacted several statutes structuring national-state relationsin the field of atomic energy since the Atomic Energy Act of1959. The Low Level Radioactive Policy Act of 1980 makes statesresponsible for disposing of low-level radioactive wastes generatedwithin their respective borders. The Nuclear Waste Policy Actof 1982 established a procedure for locating a site for a high-levelwaste facility. The Secretary of Energy can select a site subjectto a veto by a governor or state legislature and an overrideof the veto by Congress. Two major regulatory developments occurredin 1987. The Nuclear Regulatory Commission amended its rulesand regulations to allow the licensing of new nuclear powerplants in the absence of state and local government participationin emergency evacuation plans for residents living near suchplants. In addition, Congress disregarded its 1982 procedurefor selecting a high-level radioactive waste site by choosingNevada as the site.     

Fair rules for siting a high-level nuclear waste repository

Geologic repositories are designed to resolve the ever-growing problem of high-level nuclear waste, but these facilities invite intense local opposition due to the perceived severity of the risks and the possibility of stigma effects. This analysis examines whether the perceived fairness of the siting process affects local residents' support for hosting a repository. In particular, a survey of 1001 Nevada residents is used to test the hypothesis that an individual's willingness to accept a local repository will increase if he or she is convinced that this is the safest disposal option available. A logistic analysis indicates that beliefs regarding relative suitability have an independent effect on the acceptability of a local repository (i.e., Yucca Mountain). The article then considers the question of how to implement an optimizing strategy for siting facilities, comparing an idealized strategy against the original Nuclear Waste Policy Act (NWPA) of 1982 and the Amendments Act of 1987. Although choosing the safest site seems as if it could enhance public acceptance of the repository program, there is currently little prospect of identifying the best option to the high-level waste problem and, as a result, little chance of gaining the public support that is necessary to promote a successful siting outcome.     

IMPACT ASSESSMENT AND POLICY FAILURE: THE NUCLEAR WASTE POLICY ACT OF 1982

We examine the role of environmental assessments in the siting process mandated under the ambitious Nuclear Waste Policy Act of 1982. We analyze the effect of these assessments in both the western and eastern United States using the original documents, critiques of the methodology of the assessments, and public comments on the siting process, including a content analysis of hearings in Wisconsin and Maine. We conclude that the major effect of the assessments on the policy process was to stimulate public and state opposition to the Department of Energy's efforts to implement NWPA, leading to what could be called policy failure and a significant redirection of the act by Congress in late 1987. The paper represents an early report of a more comprehensive and ongoing study of the politics of nuclear waste disposal.     

The Enactment of the Nuclear Waste Policy Act of 1982: A Multiple Perspectives Explanation

The Nuclear Waste Policy Act (NWPA) is generally analyzed from the distinct perspective of any given actor involved in the nuclear waste policymaking process. Yet, these perspectives often rest on totally different models of decisionmaking. This article applies a multiple perspective explanation as developed by Allison (1971) and Linstone (1984) to the NWPA and explains policy outcomes by reference to three models of decisionmaking: rational actor, organizational processes and governmental politics. Commonalities and points of disjointure in the three models are highlighted and prospects for future nuclear waste disposal policy development are assessed using an integrated decisionmaking framework.     

Environmental policy and the reduction of hazardous waste

Environmental policy encouraging hazardous waste reduction began in 1976 with an Environmental Protection Agency statement promoting source reduction as the preferred method of hazardous waste management. In 1984, Congress included a policy statement supporting waste reduction in the Hazardous and Solid Waste Amendments (HSWA). However, the cornerstone of HSWA was the land disposal restrictions (LDRs)—a command and control policy prohibiting land disposal of untreated hazardous waste. Consideration of the hazardous waste generation decision in the aggregate would suggest that the price effect resulting from the LDR program and increased hazardous waste management prices in general would lead to source reduction. Although at the firm level there may be interdicting factors, statistical analysis of generation data for Tennessee support this hypothesis. Both the institution of the LDRs and waste management prices have significant negative effects on the level of generation. The analysis, however, reveals the existence of large industry and firm effects, indicating that the response to public policy may exhibit significant variance, especially at the individual generator level.     

Equity under and state responses to the Superfund Amendments and Reauthorization Act of 1986

A difficult problem facing states with significant commercial hazardous waste treatment and disposal capacity is the inflow of waste into the state for disposal. The states with commercial capacity allege that other states are reluctant to aggressively pursue siting facilities, and in fact may be impeding development through restrictive siting provisions. Likewise, capacity states are frustrated with the Environmental Protection Agency for its perceived inaction in reviewing state siting standards. Equity discussion abounds at the state level. Capacity states hoped that equity would be elevated to federal debate through Section 104(k) of the Superfund Amendments and Reauthorization Act of 1986. I examine equity and review hazardous waste management in a federalism context to discern the relationship between EPA and the states. I focus on the different roles EPA and the states perceived for the other during implementation of Section 104(k). I conclude with an evaluation of how equity was handled under the new legislation and what remains to be done.Research for this article was supported by the Tennessee Department of Health and Environment and the Waste Management Research and Education Institute at the University of Tennessee. I appreciate the comments provided by David L. Feldman and the anonymous Reviewers. The research assistance of Susan Bohm Seylar is gratefully acknowledged.     

Public Opposition To The Siting Of The High-Level Nuclear Waste Repository: The Importance Of Trust

This paper examines several dimensions of public opposition to the proposed siting of the high-level nuclear waste repository at Yucca Mountain. In order to provide a context for the public's views of the repository in metropolitan Clark County, both governmental studies of the repository siting process are analyzed, as well as elements of the Nuclear Waste Policy Act. This analysis suggests that one potentially key component of the public's opposition to the siting, as well as their perceptions of risk of the facility, may be the result of a lack of trust in the Department of Energy. Empirical analysis of survey data collected in Nevada in 1988 confirms the strong relationship between political trust and repository risk perceptions.     

National Government Policy Options for Contributing to Regional Economic Stability: The US Department of Energy's Major Nuclear Weapons Sites

We have conducted economic simulation, historical, and survey research that considers the national government's obligation to the regions that surround the places where it developed and tested nuclear weapons. The research shows that the strongest case for an obligation is at four site regions: Hanford (Washington), Idaho, Oak Ridge (Tennessee), and Savannah River (Georgia, South Carolina). These four are dependent on the Department of Energy (DOE), have relatively low incomes, are expected to grow less economically than their counterparts and the nation as a whole, and suffer from environmental stigma. We reviewed and simulated the impacts of a variety of tools, including severance packages, onsite projects, and offsite economic investments. In essence, investments in severance packages, education, and recreation are more effective per dollar invested than high technology, but all investments are less effective in these dependent regions than in larger metropolitan areas because of the economic leakage out of these dependent regions. The national government needs to begin a process of working with these regions to help them deal with the shock of shrinking their dependency on the DOE.     

An assessment of the determination of energy needs: The case of nuclear power

The National Environmental Policy Act (NEPA) forced the Atomic Energy Commission, and subsequently the Nuclear Regulatory Commission, to weigh costs and benefits of proposed nuclear power plants. This paper examines how the Commission has developed a framework for decision making in response to the NEPA mandate. Its principal conclusions are that the Nuclear Regulatory Commission is not interested in being in the business of assessing power needs, and that regulating need by electricity source is counterproductive. If the question of power needs should be addressed at all, the paper argues that a more general framework should be used which would apply to all new facilities. Such a framework would allow a utility to build the plant of its choice, subject to satisfaction of existing regulations, after it is determined that sufficient demand exists.This research was supported in part by the National Science Foundation and the Environmental Quality Laboratory at Caltech. An earlier version of this paper was presented at the Conference on the Economics of Nuclear Power Regulation at the Brookings Institution. I wish to thank Roger Noll, James Krier and Gary Miller for their helpful comments. Any remaining errors are solely my responsibility.     

The discourse of democracy in Canadian nuclear waste management policy

Canadian nuclear waste management policy has taken a deliberative democratic turn. What explains this turn? What is its significance? What lessons does it teach us? I trace a narrative of a powerful discursive coalition that was able to take advantage of institutional and financial opportunities to advance deliberative democratic decision making. I identify limitations in this turn by evaluating the Nuclear Waste Management Organization’s subsequent consultation process against the criteria of inclusion, equality, reciprocity, agreement, and integration. Despite impressive deliberative democratic designs, the process falls short of each criterion. This analysis clarifies the relative importance of actors to coalitions and institutions. Even with a strong coalition and favorable institutional context, realizing deliberative democracy is contingent on the will of involved actors. This conclusion has implications for the theory and practice of deliberative democracy.     

Book Reviews

Book reviews in this article:
Political Leadership in an Age of Constraint: The Australian Experience . By Colin Campbell and John Halligan.
Reforming the Civil Service: The Fulton Committee on the British Home Civil Service of 1966–1968 . By Geoffrey K. Fry.
Beyond Left and Right: Breaking the Political Stalemate . By A. Lawrence Chickering.
Public Reactions to Nuclear Waste: Citizens' Views of Repository Siting . Edited by Riley E. Dunlap, Michael E. Kraft and Eugene A. Rosa.     

Empires built on sand: On the fundamental implausibility of reactor safety assessments and the implications for nuclear regulation

This paper explores the nature of expert knowledge-claims made about catastrophic reactor accidents and the processes through which they are produced. Using the contested approval of the AP1000 reactor by the US Nuclear Regulatory Commission (NRC) as a case study and drawing on insights from the Science and Technology Studies (STS) literature, it finds that the epistemological foundations of safety assessments are counterintuitively distinct from most engineering endeavors. As a result, it argues, those assessments (and thus their authority) are widely misconstrued by publics and policymakers. This misconstrual, it concludes, has far-reaching implications for nuclear policy, and it outlines how scholars, policymakers, and others might build on a revised understanding of expert reactor assessments to differently frame, and address, a range of questions pertaining to the risks and governance of atomic energy.     

THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 IN OKLAHOMA: STATE AND FEDERAL COHABITATION

The enforcement of the SMCRA in Oklahoma has led to improvements and transformations in the coal industry, state and federal regulatory agencies and the public. The catalyst for these changes was the federal takeover of inspection and enforcement of the SMCRA in Oklahoma with the state carrying on all other mining regulatory activities from 1984 through 1987. This pattern of cohabitation differed from that in Tennessee where OSM took over all enforcement of the SMCRA or that in states that enter into cooperative agreements to provide state regulation of coal mining on federal lands within the state. Cohabitation in Oklahoma produced a new, more positive attitude toward cooperative federalism by both federal and state regulatory bodies that might serve as a model for other states with OSM maintaining state agency support for policy objectives while allowing the state reasonable decisional discretion.     

Withdrawing (from) waste,and the end of law: reflections on DeLillo’s prophecies in Mao II (1991) and Underworld (1997)

ABSTRACT

An often heard phrase these days is “There is something about this chaotic 21st century of ours ...”. This “something”, it is argued here, lies at the heart of a new form of life which has become predominant in recent decades in globalizing culture: the life of aspiring, radicalizing sovereigns. This “something”, then, could the called the end of Law. In an age of aspiring and radicalizing sovereigns the Law, indeed law in all its forms and shapes, has become not just an irrelevance, but a nuisance and embarrassment as well. One of the manifestations of this irreverent sovereign attitude is the growing inability to accept waste, that is, an inability to live with all that generates waste (i.e. Law), and an inability to live with all that is waste. Waste, i.e. the accumulation of spent potential, is not what the aspiring, radicalizing sovereign wants. The sovereign's desires are all about conserving all potential. Although this new form of life has become manifest only very recently, it had been predicted by the novelist Don DeLillo in his novels Mao II and Underworld. The themes and images in both these novels are the focus of this contribution.     

State and Local Government Officials' Perspectives on Intergovernmental Relationships in Surface Transportation Policy: 1987 and 2001

This article reports results of nationwide surveys of stateand local government officials conducted in 2000/2001 concerningtheir perspectives on intergovernmental relationships in surfacetransportation. It then compares the survey results with theresults from a 1987 survey on the same topic that was conductedby the U.S. Advisory Commission on Intergovernmental Relations.Although there was some variation among the categories of stateand local government officials surveyed, overall, both stateand local government officials report that they are relativelysatisfied with intergovernmental relationships in surface transportationand that those relationships have generally improved since 1987.     

Low-Level Radioactive Waste Management: Environmental Policy, Federalism, and New York

This article examines state efforts to implement the Low-LevelRadioactive Waste Policy Act of 1960 and its 1985 amendments,and the significance of New York v. United States et al. forlow-level waste (LLW) facility siting. Interstate compactingunder the act has been successful for compact regions encompassingpreviously operating disposal facilities, but elsewhere theprocess is in gridlock. The principal cause of siting failuresis the NIMBY phenomenon, which obstructed new facility identificationand siting. Little reason is found for optimism in surmountingNIMBY opposition. The New York decision, which voided a take-titleprovision from the LLW Policy Act while retaining other statesiting incentives, could negatively affect LLW policy implementationby weakening the critical set of policy hammers. The prognosisis more positive for federalism. Although the Court eschewedan opportunity to revisit Garcia in its narrowly tailored decision,it did revive its role as federal umpire in a case involvingthe constitutional division of authority between the federalgovernment and the states.     

RECONCILING PUBLIC ACCOUNTABILITY AND ABORIGINAL SELF-DETERMINATION/SELF-MANAGEMENT: IS ATSIC SUCCEEDING?

Abstract: Since the early 1970s commonwealth governments have been pursuing policies of self-determination/self-management in relation to Aborigines. In 1987, the Hawke government announced its intention to establish an Aboriginal and Torres Strait Islander Commission (ATSIC) to further this policy goal. During the debates over ATSIC's formation, the issue of public accountability in the existing administration of Aboriginal affairs came to public prominence. The result was some extensive reworking of the ATSIC proposal, which in 1989 reemerged with a strengthened emphasis on public accountability. This article traces the events and arguments surrounding ATSIC's formation and then goes on to examine ATSIC in practice. It asks whether ATSIC is succeeding in reconciling the two imperatives of Aboriginal self-determination/self-management and public accountability.     

Fiscal Capacity, Fiscal Need, and Fiscal Comfort among U.S. States: New Evidence

During its lifetime, the U.S. Advisory Commission on IntergovernmentalRelations periodically published estimates of each state's relativefiscal capacity. This research note provides new estimates updatedto fiscal year 1994, the latest year for which all requisiteunderlying data are available. We find that dispersion in capacitynarrowed from 1987 to 1994, largely because the capacities ofCalifornia and the Northeast states, historically enjoying amplecapacity, fell relative to the national average. We also findthat these states generally experienced an increase in relativefiscal need, further narrowing interstate dispersion in fiscalcomfort (capacity relative to need). We conclude with evidencesuggesting that states with low fiscal comfort generally preferrelatively low levels of state and local public services.     

Preventing pregnancies among adolescents

James R. Thompson is governor of Illinois and was chairman of the National Governors’ Association Task Force on Teen Pregnancy in 1986–87. In 1983, he created the Parents Too Soon program, which has become the largest program in the United States for the prevention of pregnancy among teenagers. He was also appointed by Congress in 1987–88 to be a member of the National Commission to Prevent Infant Mortality.