we concur with that observation, but note the brc was too tentative. rather than attempt to build the same mouse trap, such a change can be accomplished by amending the atomic energy act. kpemplss of radioactivity from our laws make it in effect a privileged pollutant. these exemptions are at the foundation of state and federal agency distrust of both commercial and government run nuclear facilities. if epa and the states had full nuclear authority, clear clean up standards could be prom el gaited and much farther along in remediating the toxic legacy of the cold war. even the brc recognized this as it noted new mexico's efforts to regulate the whip facility under the hazardous waste laws is mentioned as a critical positive element. in speaking briefly outside of my text, i can assure you that obtaining that regulatory authority was a in short order a contentious fight. once that regulatory authority was attained by the state that was the critical step. any regulatory change would have to be harmonized with licensing jurisdiction over nuclear facilitie

finally we commend the brc january 2012 report for sesfys that the proposed consent based approach to sitting future repository must be adaptive in the sense that the process itself is flexible and produces decisions that are responsive to new information and new technical social or political developments. certainly future sitting efforts will have to account for a widely divergent demographics populations as well as unique proposed approaches to geologies. since one size certainly does not fit all in this contest, we agree that flexibility in approach is a necessary prerequisite to future sitting initial ifts. more over is time is not right to commit to a strategy, although ra dnd should continue. we encourage steps to seek volunteer host communities. the report says overall that our recommendations can be implemented using revenue streams already dedicated for this purpose. there are no cost estimates to substantiate that belief which likely assumes the $26.7 billion in the nuclear waste fund is assured. the report further says quote, we know we have to do it. by even know how to do

so the brc talks about parallel. how far along, in your opinion, do we need to be toward a permanent site before you start opening an interim site or a consolidated site? >> i'm very happy to begin. a lot farther along than we are now. i'll start with that. i think, and as i outlined extensively in my written testimony, there's a long and, i think it's safe to say, torturous history of the repository program as well as sputtering attempts at an interim storage program. and as dr. metlay, i think, effectively outlined today, it's the countries that are having any progress are countries that have resolved the allocations of power. and if we don't do that, and i have a set of suggestions in my testimony as to how we begin to do that in a more thoughtful way that avoids the mistakes of the pass, i think we could do it. but congress has a significant amount of work to do before we do anything remotely related to site selections or moving forward on that front. and that includes storage or that includes final -- >> mr. orr

we concur with that oervation but the brc was ttta oda.thhaamp buda tter oe sm d ouapchngul atergct ov expressed exception of radioactive material from environmental laws. exptions of radioactivity from our laws make it in effect a privegolnt esept ahe da oatd ra an entt wre li. tpa ss fl authority and -- radio nuclei clear cleanup programs coulde - nale rtweldidoof ooi p ur at oomia clfati even the erc recognizes as that noted new mexico's efforts to regulate aspects of the wind facility and senator da th regulory authority was in short order contentious fight. but oncehatreglatory thory sta b athas cral maudulvefth onwi o jurisdiction over nuclear facilities and epa's existing jurisdiction over radiation protection staards. such a process is crtainly with tapy he sotawoas ractmaal os t t any event improved clarity in the regulatory structure and meaningful oversight role would allow for the first time consent castranarent decions takea d melo2 nngf re rlwam d a legislative allowance for predictive assays such aa contract that would provi