ML18235A242
| ML18235A242 | |
| Person / Time | |
|---|---|
| Site: | 06300001 |
| Issue date: | 09/27/2018 |
| From: | Kristine Svinicki NRC/Chairman |
| To: | Alexander L, Barrasso J, Frelinghuysen R, Shimkus J, Simpson M, Upton F, Walden G US Congress, US HR, Comm on Appropriations, US HR, Comm on Energy & Commerce, US HR, Subcomm on Energy, US HR, Subcomm on Energy & Water Development, US HR, Subcomm on Environment, US SEN, Comm on Appropriations, US SEN, Comm on Environment & Public Works, US SEN, Subcomm on Clean Air & Nuclear Safety |
| Christopher Markley, NMSS, 301-415-6293 | |
| Shared Package | |
| ML18235A201 | List: |
| References | |
| 201200142, CORR-18-0084 | |
| Download: ML18235A242 (3) | |
Text
U.S. Nuclear Regulatory Commission Monthly Status Report Activities Related to the Yucca Mountain Licensing Action Report for August 2018
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, NV. 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. Both of these matters are subject to Commission decisions that have not been made. 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 Based on the input received from a February 2018 virtual LSNARP meeting and information collected regarding possible hearing venues, agency staff provided recommendations to the Commission regarding additional activities that might be undertaken. On August 29, 2018, the State of Nevada filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit challenging Commissioner Wrights decision not to recuse himself from the Yucca Mountain licensing proceeding. Agency attorneys have provided legal support in connection with this petition.
Enclosure
Nuclear Waste Fund Expenditures During the month of August 2018, the NRC expended $5,892 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 $13,076,084. The August 13, 2013, balance of $13,549,315 of unexpended NWF funding, less the cumulative expenditures of $13,076,084, results in a remaining unexpended balance of $473,231. Total unobligated NWF funds remaining as of August 31, 2018, are $443,310. 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 Cost August Cumulative Yucca Mountain Licensing Activities Estimate Expenditures Expenditures Completion of the SER $8,310,000 $0 $8,364,877 Loading of Licensing Support Network
$350,000 $0 $277,670 documents into a nonpublic ADAMS library Loading of Licensing Support Network
$1,100,000 $0 $1,142,745 documents into a public ADAMS library Development of the Environmental Impact
$2,000,000 $0 $1,579,256 Statement supplement SER wrap-up activities $100,000 $0 $53,548 Knowledge management reports $700,000 $0 $657,142 Program planning and support $593 $495,416 Response to the August 30, 2013,
$0 $137,518 Commission order Federal court litigation* $1,448 $241,538 Support and advice in NRC proceedings $0 $37,089 Subtotal, other support costs chargeable to $825,000 $2,041 $911,561 NWF funds Virtual meeting of LSNARP and information-gathering about potential adjudicatory hearing $135,000 $3,851 $103,046 venues Adjustments to close out contracts funded by
$0 ($13,761) previous NWF appropriations Total $13,520,000 $5,892 $13,076,084
- 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 $473,231 includes $29,921 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 August 31, 2018, as given in Table 1.
Figure 1. Nuclear Waste Fund Tracking Stakeholder Communications and Interactions There is nothing to report in this section for August 2018.