RECENT REGULATORY DEVELOPMENTS CONCERNING THE TRANSPORTATION OF NUCLEAR FUEL AND OTHER RADIOACTIVE MATERIALS

The current regulatory framework applicable to radioactive materials shipments and proceedings currently being held before ICC concerning rail transportation of spent fuels are discussed. Congress has not delegated the regulation of radioactive materials transport exclusively to NRC. Authorities to other agencies by the transportation safety Act of 1974 and the Atomic Energy Act of 1954, and DOT regulations are described. Railroads are beginning to take stances similar to those of Eastern railroads refusing to participate in uniform tariffs for carrying irradiated nuclear fuel and radioactive waste. Congress is long overdue in establishing a clear energy policy, and nearly as imperative is exposition of an energy-related transportation policy.