Frank Murkowski

Mr. MURKOWSKI

Mr. MURKOWSKI. We have one-half hour remaining. Senator Johnston has indicated that he would like to respond very briefly for 2 minutes, and then I intend to recognize the Senator from North Carolina for approximately 5 minutes.

Mr. MURKOWSKI. Has all time expired?

Mr. MURKOWSKI. How much time is remaining?

Mr. MURKOWSKI. I will make a relatively short statement. Mr. President, again I would like to refer specifically to what this amendment does and what it does not do. The amendment simply states that if there are provisions of law that are inconsistent with specific terms of this bill, then this bill is applicable. This bill will govern. Now, the Senators from Nevada would ask that the Department of Energy attempt to comply with inconsistent laws. I can only assume that they ask this because they know it is impossible to do. That is a catch-22. That is simply a recipe for delay, a recipe for additional expense, a recipe for additional litigation and full employment for a lot of lawyers. Instead, we offer a responsible provision which clarifies that while the Department of Energy will comply with this act, if any Federal, State, or local law is not in conflict with this act, those laws will be complied with. I reiterate--this is a unique, one-of-a-kind facility. That is why we are here today. We are designing laws to fit this facility. That is why we are debating this legislation. It is not designed to do anything more than address this facility. Other laws are designed for a broad breadth of activities. This is unique. It contains a carefully crafted regulatory program, as I have said, governing this facility only. The position of the Senators from Nevada, I think, results in confusion and attempts to thwart the will of Congress as expressed in this very unique piece of legislation designed for one thing. Let me just mention the transportation aspect because I have had an opportunity to observe transportation of high-level nuclear waste in Great Britain, in France, and Sweden. To suggest that American technology cannot safely develop a system and casks necessary to transport this waste is simply unrealistic. It is moving by rail in France. One can go into a nuclear plant and see cars on the sidings that were designed to carry the casks. It is moved in Scandinavia by special ships that have been built that traverse the shores of Sweden unescorted. They are in casks. They are specially crewed from the standpoint of the training, but it is not Government employees, it is a shipping line, and they have a proven record of safety. We have seen this high-level nuclear waste moved in Europe by highway in casks with appropriate measures. If Members will recall, there was a thought given a few years ago to the utilization of a Boeing 747-400 to move high-level waste from the Orient to Europe, primarily because the Japanese were interested in bringing their waste back to France for reprocessing. So you would be basically moving waste that contains plutonium. The question quite legitimately came up, can you design a cask to withstand a free fall at 30,000 feet? And the answer was, yes, it can be done. It will cost a good deal of money. What we are talking about here is a realization that we have moved this material for an extended period of time throughout Europe. We have moved it in the United States to a lesser degree. But if we adopt this legislation and if Yucca is the interim site for a repository, to suggest that we cannot move it safely defies realism, defies the experience that other countries have had, and I think it sells American technology short. I see no other Senator at this time who desires to speak, and I reserve the remainder of my time pending the disposition of the pending amendment. Mr. BRYAN addressed the Chair.

Mr. MURKOWSKI. I say to my friend relative to his reference to an unprecedented scale which he suggests will occur, that factually is just not so. As a matter of fact, the French alone have moved 30,000 metric tons of spent fuel--that is spent nuclear fuel. This is the same amount we currently have, or approximately the same amount we have in the United States today. I remind my colleagues of one other thing. While it is true we do not have support from the environmental movement in this country, the reality is that most of those groups are opposed to the generation of power by nuclear energy. What they do not do is recognize the obligation that since we are nearly 22 percent dependent on nuclear energy, we are going to have to meet the demand with something else. Nuclear power opponents want to terminate the industry, by not allowing the States to have the availability of storage under State licenses. So when one looks at the environmental concern, you have to recognize the environmentalists are not really meeting their obligation, and that is to come up with an alternative.

Mr. MURKOWSKI. Mr. President, it would be my intention to ask for a voice vote on this amendment unless there is an objection.

Mr. MURKOWSKI. Mr. President, I move to reconsider the vote.

Mr. MURKOWSKI. Mr. President, I call up amendment numbered 5048 which is at the desk and ask that it be stated.

Mr. MURKOWSKI. Madam President, how much time is remaining on our side?

Mr. MURKOWSKI. I yield to the Senator from Wyoming 3 minutes that he requested.

Mr. MURKOWSKI. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. MURKOWSKI. I ask we proceed with the vote. The yeas and nays have been ordered. I ask for the regular order.

Mr. MURKOWSKI. Mr. President, I call up an amendment, No. 5051, which is at the desk. I ask it be stated.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. MURKOWSKI. Mr. President, I ask for a voice vote on the amendment.

Mr. MURKOWSKI. Mr. President, I move to reconsider the vote.

Mr. MURKOWSKI. The voice vote that the Senators are proposing, they are assuming we would prevail?

Mr. MURKOWSKI. I will take my chances.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. MURKOWSKI

Mr. MURKOWSKI. Mr. PRESIDENT. I ask unanimous consent that the Committee on Armed Services be authorized to meet at the following times on Wednesday, July 31, 1996: 9:45 a.m. in executive session, to consider certain pending military nominations; 11:15 a.m. in open session, to consider the nomination of Lieutenant General Howell M. Estes III, USAG for appointment to the grade of general and to be Commander-in-Chief, United States Space Command/ Commander-in-Chief, North American Aerospace Defense Command; 1:30 p.m. in open session, to consider the nomination of Admiral Jay L. Johnson, USN for reappointment to the grade of admiral and to be Chief of Naval Operations; and 3:30 p.m. in executive session, to consider certain pending military nominations. The Presiding Officer. Without objection, it is so ordered. committee on environment and public works

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be granted permission to meet to consider the nominations of Nils J. Diaz, and Edward McGaffigan, Jr., each nominated by the President to be a Member of the Nuclear Regulatory Commission, Wednesday, July 31, 1996, immediately following the first vote, in the President's Room.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, July 31, 1996, at 2 p.m.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate on Wednesday, July 31, 1996, at 10:00 a.m. to hold a hearing on ``Losing Ground on Drugs: The Erosion of America's Borders.''

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate on Wednesday, July 31, 1996, at 2:00 p.m., to hold a hearing on judicial nominees.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Committee on Labor and Human Resources be authorized to meet in executive session during the session of the Senate on Wednesday, July 31, 1996, at 9:30 a.m.