GOVERNOR GREG ABBOTT April 26, 2019 The Honorable Rick Perry Secretary U.S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585 The Honorable Kristine Svinicki Chairman U.S . Nuclear Regulatory Commission Mail Stop 0-16833 Washington, DC 20555-0001 Dear Secretary Perry and Chaim1an Svinicki: Actions taken by the U.S . Department of Energy (DOE) and the U.S. Nuclear Regulatory Commission (NRC) could allow for disposal of more highly radioactive waste in Texas without approval by our State. The federal government should allow States with disposal sites for lowlevel radioactive waste (LLR W) to accept or reject such changes, rather than forcing them to take on the increased hazards of Greater-Than-Class C (GTCC) or equivalent waste. At this time, I oppose any increase in the amount or concentration of radioactivity authorized for disposal at the facility in Andrews County, Texas. DOE has shown a clear interest in disposal of GTCC waste in Texas, both by identifying a generic commercial facility as one of two preferred alternatives for GTCC waste, 1 and by specifically evaluating the suitability of the Andrews County site for that purpose. 2 The NRC continues development of a regulatory basis for allowing GTCC disposal in the Andrews County facility, even taking steps last October to expedite that effort. 3 These actions could culminate in DOE, January 2016, Final Environmental Impact Stalementfor the Disp osal of Greater-Than-Class C (GTCC) l ow-level Radioactive Waste and G TCC-like Waste (DOE/EIS-0375). 2 DOE, October 2018 , Environmental Assessment fo r the Disposal of Greater-Than-Class-C (G TCC) Low-Level Radioactive Waste and GTCC-Like Waste at Waste Control Specialists, Andrews County. Texas (DOE/EA-2082). 3 NRC, Oct. 23 , 2018 , Staff Requirements Memorandum - Briefing on strategic programmatic overview of the decommissioning and /ow-level waste and spent f uel storage and transportation business lines (M 181011 ). POST OFFICE Box 12428 AUSTIN, TEXAS 78711512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES The Honorable Rick Perry The Honorable Kristine Svinicki April 26, 2019 Page 2 a reclassification of LLRW , with some or all of the GTCC waste inventory arbitrarily becoming Class C LLRW without Texas having any say in the matter. Texas is ready to work cooperatively with our federal partners to safely manage the use and disposal of radioactive materials. In the spirit of that relationship, please consider measures to allow for state approval of any changes you would propose to the regulatory framework for LLR W or wastes of greater radioactivity. Sincerely, Greg Abbott Governor GA:bjk