MEMORANDUM OF AGREEMENT
                          BETWEEN THE
                          WESTERN STATES
                               and
                    U.S. DEPARTMENT OF ENERGY

                        REGIONAL PROTOCOL
          FOR THE SAFE TRANSPORT OF TRANSURANIC WASTE
                             TO THE
                  WASTE ISOLATION PILOT PLANT

       Approved by the Western Governors: December 1, 1995


Findings

Managing the safe transport of transuranic waste from U.S. Department of Energy facilities to
the Waste Isolation Pilot Plant (WIPP) in southeastern New Mexico is the joint responsibility of
federal, state, local and tribal governments.

The  Governors readopted Policy Resolution 92-004 in 1995 which states that "the objective of
the  Governors' Association is the safe and uneventful transportation of nuclear waste from
current temporary storage facilities to more suitable interim or permanent repositories."

The potential risks of the transuranic waste and the complexities of  transporting this waste to
WIPP brought the ten western corridor states, the U.S. Department of Energy and the U.S.
Department of Transportation together in 1988 to establish a set of principles and procedures
for achieving this objective of "safe and uneventful transportation."

In 1989, the Western Governors prepared a "Report To Congress" describing the elements of a
safe and uneventful transportation program.  In 1991, the Western Governors' Association
defined the programs and actions necessary to achieve a safe system, and meet the states'
priorities for implementing these programs and actions in the publication "A Report To The
Governors and Secretary of Energy".

The Secretary of Energy agreed with the conclusions presented in the two reports, and directed
the Department to enter into a five-year Cooperative Agreement with WGA.  Working through
the Cooperative Agreement, WGA, the western states and the Department of Energy developed a
model program to prepare the  states and local units of government, and the Department to
support the WIPP campaign.

The Carlsbad Area Office of the U.S. Department of Energy is responsible for managing the
WIPP program, including the transportation system.  The DOE-Carlsbad Area Office, working
with the Western Governors' Association and the ten corridor states, has agreed to conduct this
shipping campaign employing standards and procedures negotiated through the Cooperative
Agreement, many of which are above federal regulatory requirements.  The elements of this
program are described in the "Western Governors' Association WIPP Transportation Safety
Program Implementation Guide" (the Guide).
  
The Guide addresses the following elements of  the transportation program:

     Accident Prevention
               High-Quality Drivers and Carrier Compliance
               Independent Inspections
               Bad Weather and Road Conditions
               Safe Parking During Abnormal Conditions
               Advance Notice of Shipments
               Access to Information on Shipment Status
     Emergency Preparedness
               Mutual Aid Agreements
               Emergency Response Plans and Procedures
               Training and Retraining
               Emergency Response Equipment
     Medical Preparedness
     Route Designation
     Public Involvement and Information
     Program Evaluation


Purpose

The purposes of this Memorandum of Agreement are to enhance the safety of the transport of
transuranic waste, to endorse the principles and procedures presented in the Guide, and to
facilitate communication between the Secretary of the Department of  Energy, the manager of the
Carlsbad Area Office, and the western state governors on transuranic nuclear waste
transportation issues.


Principles

We, the undersigned, pledge to each other as follows:

1.   We endorse the regional planning and dialogue processes embodied in the Cooperative
Agreement between the U.S. Department of Energy and the Western Governors' Association as
the most appropriate mechanism for addressing the safe and uneventful transportation of
transuranic waste to the Waste Isolation Pilot Plant,  and, where appropriate, other Department
of Energy shipments through the western states.

2.   We reaffirm the objective of the U.S. Department of Energy - Western Governors'
Association process as being the safe and uneventful transportation of radioactive waste and
mixed radioactive waste from current temporary storage facilities to more suitable consolidation
and characterization facilities and/or permanent disposal at the Waste Isolation Pilot Plant, if
and when approved for receipt and disposal of these wastes.

3.   We endorse the elements, principles and approaches contained in the "Western
Governors' Association 1995 WIPP Transportation Safety Program Implementation Guide" for
conducting this transportation program.  This Guide is to be a living document reflecting the
continuing agreements and actions taken by the Western Governors' Association, the Western
Governors and their agency staffs, and the U.S. Department of Energy, as part of the regional
planning and dialogue process.


Implementation of Principles

To implement these principles, each Western Governor will:

     appoint a single state representative to the Western Governors' Association Technical
     Advisory Group for WIPP Transport.  This representative shall be responsible for
     representing the state in developing and implementing principles, procedures, and
     agreements between the western states and the U.S. Department of Energy in addressing
     the "safe and uneventful transportation of radioactive waste" through western states. 
     The names of these contacts will be forwarded to the Western Governors' Association as
     part of the state funding pass through process; and

     provide copies of this Memorandum of  Agreement to other state agencies with
     instructions to coordinate their planning, programming, and procedural development
     processes for radioactive waste and mixed radioactive waste transportation with the
     appropriate state representative.

To implement these principles the Secretary of Energy will:

     designate the manager of the Carlsbad Area Office as the Department's representative to
     the WGA Regional Transuranic Waste Transport Planning and Dialogue Process; and 

     participate in and support the WGA Regional Transuranic Transport Planning and
     Dialogue Process through the Cooperative Agreement.



Review and Affirmation

The Guide and its procedural components will be reviewed by the WGA, the western states, and
the DOE-Carlsbad Area Office annually to ensure the Guide and its elements continue to meet
the objective of the "safe and uneventful transport of radioactive waste."   The WGA Technical
Advisory Group for WIPP Transport will provide assurance to the governors and Secretary of
Energy annually that the Guide represents the principles and procedures for conducting this
transportation program.

This Memorandum of Agreement is to be reviewed and reaffirmed by the Western Governors and
the Secretary of Energy one year following a presidential election.




                                                                                                                                         
     Secretary of Energy                          Chairman,
                                        Western Governors' Association










                                              nuc-wst\mou-iii.doc