ML18025B477

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NRC Monthly Status Report Activities Related to Yucca Mountain Licensing Action for January 2018 (Enclosure)
ML18025B477
Person / Time
Site: 06300001
Issue date: 02/21/2018
From: Kristine Svinicki
NRC/Chairman
To:
US Congress
Christopher Markley, NMSS, 301-415-6293
Shared Package
ML18025B414 List:
References
201300142, CORR-18-0015
Download: ML18025B477 (3)


Text

Enclosure U.S. Nuclear Regulatory Commission Monthly Status Report Activities Related to the Yucca Mountain Licensing Action Report for January 2018

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Background===

On August 13, 2013, a panel of the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in the case In re Aiken County directing the U.S. Nuclear Regulatory Commission (NRC) to promptly continue with the legally mandated licensing process for the U.S. Department of Energys application to construct a geologic repository for high-level waste at Yucca Mountain, Nevada. The NRC promptly began taking steps to comply with the courts direction following the issuance of the decision. On November 18, 2013, the Commission approved a memorandum and order that set a course of action for the Yucca Mountain licensing process that is consistent with the Appeals Court decision and with the resources available.

The Commission also issued a related staff requirements memorandum on November 18, 2013, which, among other things, directed the NRC staff to complete and issue the Safety Evaluation Report (SER) associated with the construction authorization application.

On February 3, 2015, the Commission directed the staff to develop an environmental impact statement supplement and undertake certain SER wrap-up activities, including records retention and the development of a lessons-learned report. The Commission also approved a path forward for making Licensing Support Network (LSN) documents publicly available in the Agencywide Documents Access and Management System (ADAMS).

On November 8, 2016, the Commission directed the staff to update the collection of knowledge management reports on the staffs Yucca Mountain review activities, in order to capture new insights. The previous knowledge management reports were completed in 2011.

On July 31, 2017, the Commission directed agency staff to hold a virtual meeting of the Licensing Support Network Advisory Review Panel (LSNARP) to provide information to, and gather input from, advisory panel members and the public regarding reconstitution of the LSN or a suitable replacement system. The Commission also approved gathering preliminary information regarding potential adjudicatory hearing venues. Although the Commission initially limited expenditures for these activities to $110,000 from the Nuclear Waste Fund (NWF), on November 21, 2017, the Commission approved a request for an additional $25,000 to further support these activities, for a total expenditure of $135,000.

Table 1 provides a breakdown of estimates and expenditures for all of the Commission-directed activities.

Accomplishments and Ongoing Work On January 10, 2018, a notice was published in the Federal Register (83 FR 1274) announcing that a January 30-31, 2018, virtual LSNARP meeting had been moved to February 27-28, 2018.

The meeting was rescheduled in response to requests from some LSNARP members to allow more time to evaluate an agency staff-prepared paper outlining options for potentially reconstituting or replacing the LSN. The options discussed in the paper will be a principal focus of the February 2018 meeting.

Nuclear Waste Fund Expenditures During the month of January 2018, the NRC expended $11,570 of NWF funds on its actions in direct response to the courts decision. Cumulative expenditures since the August 13, 2013, U.S. Court of Appeals decision are $12,996,545. The August 13, 2013, balance of $13,549,315 of unexpended NWF funding, less the cumulative expenditures of $12,996,545, results in a remaining unexpended balance of $552,770. Total unobligated NWF funds remaining as of January 31, 2018, are $491,635. Table 1 provides further details on the NRCs expenditure of NWF funds since August 13, 2013.

Table 1 Status of NRC NWF Funds since the August 13, 2013, Court Decision Yucca Mountain Licensing Activities Cost Estimate January Expenditures Cumulative Expenditures Completion of the SER

$8,310,000

$0

$8,364,877 Loading of Licensing Support Network documents into a nonpublic ADAMS library

$350,000

$0

$277,670 Loading of Licensing Support Network documents into a public ADAMS library

$1,100,000

$0

$1,142,745 Development of the Environmental Impact Statement supplement

$2,000,000

$0

$1,579,256 SER wrap-up activities

$100,000

$0

$53,548 Knowledge management reports

$700,000

$0

$638,957 Program planning and support

$825,000

$1,911

$490,805 Response to the August 30, 2013, Commission order

$0

$137,518 Federal court litigation*

$0

$240,043 Support and advice in NRC proceedings

$0

$35,535 Subtotal, other support costs chargeable to NWF funds

$1,911

$903,901 Virtual meeting of LSN Advisory Review Panel and information-gathering about potential adjudicatory hearing venues

$135,000

$9,659

$49,352 Adjustments to close out contracts funded by previous NWF appropriations

$0

($13,761)

Total

$13,520,000

$11,570

$12,996,545

  • Includes a $59,000 expenditure in May 2014 for the agencys agreement to settle the Equal Access to Justice Act claim of one of the Aiken County petitioners. On October 23, 2014, the Court of Appeals for the District of Columbia Circuit denied the motion from other parties requesting reimbursement for attorneys fees.

The unexpended NWF balance of $552,770 includes $61,135 of unexpended obligations.

These unexpended obligations are primarily on contracts with the Center for Nuclear Waste Regulatory Analyses and on contracts related to the LSNARP virtual meeting.

Figure 1 shows the cumulative projected and actual expenditures. Projected expenditures include cost estimates shown in Table 1. The actual cumulative expenditures reflect costs through January 31, 2018, as given in Table 1.

Figure 1. Nuclear Waste Fund Tracking Stakeholder Communications and Interactions At his request, the NRC staff met with Clark County, Nevada, LSNARP representative Phil Klevorick on January 30, 2018, to discuss the upcoming LSNARP meeting.