TRENDS IN FEDERAL, STATE AND LOCAL ACTIVITIES RELATIVE TO TRANSPORTATION OF RADIOACTIVE MATERIALS IN THE UNITED STATES OF AMERICA

The paper describes the current legal and regulatory structure for transporting nuclear fuel cycle materials in the United States of America, particularly as this structure applies to irradiated reactor fuel. The respective responsibilities of the cognizant federal agencies, states and localities are discussed. Recent decisions affecting the division of authority among governmental bodies are examined to illustrate emerging trends in the resolution of institutional issues concerning indemnification, emergency response, routing, choice of transportation modes and imposition of fees. The crucial role of the United States Department of Energy in resolving these and other issues is discussed, specifically with respect to the design of new casks for transporting irradiated reactor fuel to a repository. Principles are suggested to help determine the appropriateness of suggested solutions to institutional issues.