ML15022A175
| ML15022A175 | |
| Person / Time | |
|---|---|
| Site: | 06300001 |
| Issue date: | 01/29/2015 |
| From: | Piccone J NRC/NMSS/YMD |
| To: | Boyle W US Dept of Energy, Office of Used Nuclear Fuel Disposition Research & Development |
| Matula T 301-287-9055 | |
| Shared Package | |
| ML15022A115 | List: |
| References | |
| Download: ML15022A175 (7) | |
Text
December 29, 2014 William J. Boyle, Ph.D., Director Office of Used Nuclear Fuel Disposition Research and Development United States Department of Energy Washington, DC 20585
SUBJECT:
ISSUANCE OF VOLUME 2 AND VOLUME 5 OF THE SAFETY EVALUATION REPORT RELATED TO DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA
Dear Dr. Boyle:
The U.S. Nuclear Regulatory Commission (NRC) has issued NUREG-1949, Volumes 2 and 5 of a Safety Evaluation Report (SER) for the U.S. Department of Energy (DOE) license application submittal dated June 3, 2008 (NRCs Agencywide Documents Access and Management System (ADAMS) Accession No. ML081560400), as updated by letter dated February 19, 2009 (ADAMS Accession No. ML090700817), seeking authorization to construct a geologic repository at Yucca Mountain, Nevada. Issuance of these volumes completes the NRC staffs SER. As noted in this letter, additional steps remain before a decision can be made on whether to authorize construction of the repository.
Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada; Volume 2: Repository Safety Before Permanent Closure (ADAMS Accession No. ML15022A146), documents the NRC staffs review and evaluation of Safety Analysis Report (SAR), Chapter 1: Repository Safety Before Permanent Closure. The NRC staff also reviewed information that DOE provided in response to the NRC staffs requests for additional information and other information that DOE provided related to the SAR. In particular, SER Volume 2 documents the results of the NRC staffs evaluation to determine whether the proposed repository design complies with the performance objectives and requirements that apply before the repository is permanently closed.
Based on its review, the NRC staff found that DOE submitted applicable information required by 10 CFR 63.21. The NRC staff has also found, with reasonable assurance, that subject to proposed conditions of construction authorization, DOEs design of the proposed geologic repository operations area (GROA) and preclosure safety analysis complies with the preclosure performance objectives at 10 CFR 63.111 and the requirements for preclosure safety analysis of the GROA at 10 CFR 63.112.
Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada; Volume 5: Proposed Conditions on the Construction Authorization and Probable Subjects of License Specifications (ADAMS Accession No. ML15022A488) includes the results of the NRC staffs review of the SAR. The NRC staff also reviewed information that DOE provided in response to the NRC staffs requests for additional
William information and other information that DOE provided related to the SAR. In particular, SER Volume 5 documents the NRC staffs (i) proposed conditions of construction authorization and (ii) review of DOEs SAR regarding probable subjects of license specifications.
The NRC staff finds that DOE has adequately identified and justified the probable subjects of license specifications. The NRC staff determined in Volume 4 of the SER that DOE has not satisfied certain regulatory requirements regarding ownership of the land where the GROA is located and water rights. In addition, a supplement to DOEs environmental impact statement has not yet been completed. Thus, the NRC staff is not recommending issuance of a construction authorization at this time. Nevertheless, in accordance with 10 CFR Part 63 requirements, SER Volume 5 identifies conditions of Construction Authorization proposed by the NRC staff based on its review in SER Volumes 1-5. These NRC staff proposed conditions could be included in a construction authorization if there is a Commission decision to authorize construction.
The publications of NUREG-1949, Volume 2 and Volume 5 are two of several steps that need to occur before an NRC decision can be made on the license application seeking authorization to construct a geologic repository at Yucca Mountain. A decision on whether to authorize construction can be made only after a supplement to DOEs environmental impact statement has been prepared, a hearing has been conducted on contested issues, and the Commission has completed its review of contested and uncontested issues under 10 CFR 2.1023(c).
Sincerely,
/RA/ [Original Signed By]
Josephine M. Piccone, Ph.D., Director Yucca Mountain Directorate Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. NUREG-1949, Volume 2
- 2. NUREG-1949, Volume 5 cc: See enclosed list
William information and other information that DOE provided related to the SAR. In particular, SER Volume 5 documents the NRC staffs (i) proposed conditions of construction authorization and (ii) review of DOEs SAR regarding probable subjects of license specifications.
The NRC staff finds that DOE has adequately identified and justified the probable subjects of license specifications. The NRC staff determined in Volume 4 of the SER that DOE has not satisfied certain regulatory requirements regarding ownership of the land where the GROA is located and water rights. In addition, a supplement to DOEs environmental impact statement has not yet been completed. Thus, the NRC staff is not recommending issuance of a construction authorization at this time. Nevertheless, in accordance with 10 CFR Part 63 requirements, SER Volume 5 identifies conditions of Construction Authorization proposed by the NRC staff based on its review in SER Volumes 1-5. These NRC staff proposed conditions could be included in a construction authorization if there is a Commission decision to authorize construction.
The publications of NUREG-1949, Volume 2 and Volume 5 are two of several steps that need to occur before an NRC decision can be made on the license application seeking authorization to construct a geologic repository at Yucca Mountain. A decision on whether to authorize construction can be made only after a supplement to DOEs environmental impact statement has been prepared, a hearing has been conducted on contested issues, and the Commission has completed its review of contested and uncontested issues under 10 CFR 2.1023(c).
Sincerely,
/RA/ [Original Signed By]
Josephine M. Piccone, Ph.D., Director Yucca Mountain Directorate Office of Nuclear Material Safety and Safeguards Docket No.63-001
Enclosures:
- 1. NUREG-1949, Volume 2
- 2. NUREG-1949, Volume 5 cc: See enclosed list DISTRIBUTION: YMD r/f NMSS r/f ADAMS Accession Number: ML15022A175 Package: ML15022A115 *concurred via email OFFICE NMSS:YMD NMSS:YMD NMSS:YMD OGC NMSS:YMD:D NAME CJacobs KStablein JRubenstone
- JBielecki JPiccone DATE 01/22/15 01/22/15 01/22/15 01/22/15 01/29/15 OFFICIAL RECORD COPY
Identical letter sent to:
Catherine Haney, NMSS/NRC Scott Moore, NMSS/NRC James Rubenstone, YMD/NMSS/NRC Annette Vietti-Cook, SECY Peter B. Lyons, DOE Mary Louise Wagner, DOE Jessica Bielecki, OGC/NRC Carrie Safford, OGC/NRC Norman St. Amour, OGC/NRC Thomas S. Moore, Chairman CAB 04 Atomic Safety and Licensing Board Panel Paul S. Ryerson CAB 04 Atomic Safety and Licensing Board Panel Richard E. Wardwell CAB 04 Atomic Safety and Licensing Board Panel Brooke Poole, Director Office of Commission Appellate Adjudication Christine Pineda, NMSS/NRC Charles J. Fitzpatrick Egan, Fitzpatrick, Malsch & Lawrence, PLLC John W. Lawrence Egan, Fitzpatrick, Malsch & Lawrence, PLLC Martin G. Malsch Egan, Fitzpatrick & Malsch, PLLC Robert Halstead, Executive Director Nuclear Waste Project Office Nevada Agency for Nuclear Projects Brian W. Hembacher Deputy Attorney General California Attorney Generals Office Timothy E. Sullivan Deputy Attorney General California Department of Justice Kevin W. Bell Senior Staff Counsel California Energy Commission Donald J. Silverman Morgan, Lewis & Bockius, LLP Thomas C. Poindexter Morgan, Lewis & Bockius, LLP Alex S. Polonsky Morgan, Lewis & Bockius, LLP Lewis Csedrik Morgan, Lewis & Bockius, LLP Raphael P. Kuyler Morgan, Lewis & Bockius, LLP Susan L. Durbin Deputy Attorney General, CA Ross D. Colburn Fredericks Peebles & Morgan, LLP Martha S. Crosland U. S. Department of Energy Angela M. Kordyak U. S. Department of Energy Nicholas P. DiNunzio U. S. Department of Energy James Bennett McRae U. S. Department of Energy Malachy R. Murphy Nye County, Nevada George W. Hellstrom U.S. Department of Energy Office of the General Counsel Robert M. Andersen Akerman Senterfitt, LLP
Frank A. Putzu, Counsel, Naval Reactors Naval Sea Systems Command John M. Peebles Fredericks Peebles & Morgan, LLP Darcie L. Houck Fredericks Peebles & Morgan, LLP Elizabeth A. Vibert, District Attorney Clark County, Nevada Ellen C. Ginsberg Nuclear Energy Institute, Inc.
Anne W. Cottingham Nuclear Energy Institute, Inc.
Jerry Bonanno Nuclear Energy Institute, Inc.
David A. Repka Winston & Strawn, LLP William A. Horin Winston & Strawn, LLP Jay E. Silberg Pillsbury Winthrop Shaw Pittman, LLP Timothy J.V. Walsh Pillsbury Winthrop Shaw Pittman, LLP Gregory L. James Inyo County, California Robert F. List Kolesar & Leathman Jason M. Bacigalupi Kolesar & Leathman Diane Curran Harmon, Curran, Spielberg, & Eisenberg, LLP Ian Zabarte, Board Member Native Community Action Council Curtis G. Berkey Alexander, Berkey, Williams, & Weathers, LLP Scott W. Williams Alexander, Berkey, Williams, & Weathers, LLP Rovianne A. Leigh Alexander, Berkey, Williams, & Weathers, LLP Bret O. Whipple Lincoln County, Nevada Daniel Hooge, District Attorney Lincoln County, Nevada Andrew A. Fitz State of Washington Office of the Attorney General H. Lee Overton State of Washington Office of the Attorney General Jonathan C. Thompson State of Washington Office of the Attorney General Todd R. Bowers State of Washington Office of the Attorney General Connie Simkins Lincoln County, Nevada Kenneth P. Woodington Davidson & Lindemann, PA Thomas R. Gottshall Haynesworth Sinkler Boyd, PA S. Ross Shealy Haynesworth Sinkler Boyd, PA Dr. Mike Baughman Intertech Services Corporation
Michael Berger Attorney for the County of Inyo Robert S. Hanna Attorney for the County of Inyo Philip R. Mahowald Prairie Island Indian Community James Bradford Ramsay National Association of Regulatory Utility Commissioners Don L. Keskey Public Law Resource Center, PLLC Christopher B. Clare Clark Hill PLC Marta Adams, Chief Deputy Attorney General Bureau of Government Affairs Nevada Attorney General Steve Frishman, Tech. Policy Coordinator Nevada Agency for Nuclear Projects Nuclear Waste Project Office Celeste Sandoval, Quality Assurance Records Spec.
Nye Co. Nuclear Waste Repository Project Office Theodore Beutel, District Attorney Eureka County Office of the District Attorney Abigail Johnson Nuclear Waste Advisory for Eureka County Loreen Pitchford NWOP Consulting, Inc.
Ronald Damele, Director Eureka County Public Works Tara Baugh Armstrong Teasdale, LLP Edwin Mueller, Director Esmeralda County Repository Oversight Program-Yucca Mountain Project Linda Mathias, Director Mineral County Nuclear Projects Office Cathreen Richards, Senior Planner Inyo Co Yucca Mtn Repository Assessment Ofc George Gholson, Chairman Timbisha Shoshone Tribal Council Editor Indian Country Today Daryl Crawford Inter-Tribal Council of Nevada Loreen Pitchford Yucca Mountain Site Characterization Office Public Reading Room in Churchill County Annelle Wattas Yucca Mountain Site Characterization Office Public Reading Room in Eureka County George McCorkell Yucca Mountain Site Characterization Office Public Reading Room in Esmerelda County Irene Navis Yucca Mountain Site Characterization Office Public Reading Room in Clark County Linda Mathius Yucca Mountain Site Characterization Office Public Reading Room in Mineral County
Connie Simkins Yucca Mountain Site Characterization Office Public Reading Room in Lincoln County Jan Morrison Yucca Mountain Site Characterization Office Public Reading Room in Lander County Elizabeth Enriquez Yucca Mountain Site Characterization Office Public Reading Room in Nye County Skip Canfield Yucca Mountain Site Characterization Office Public Reading Room Nevada Division of State Lands Connie Lusedo Yucca Mountain Site Characterization Office Public Reading Room State of Nevada State Clearinghouse Susie Skarl Yucca Mountain Site Characterization Office Public Reading Room at the University of Nevada, Las Vegas Patrick Ragains Yucca Mountain Site Characterization Office Public Reading Room at the University of Nevada, Reno Claire Whetsel Las Vegas Yucca Mountain Science Center John Pawlak Pahrump Yucca Mountain Science Center Marina Anderson Beatty Yucca Mountain Science Center