ML19305D939
| ML19305D939 | |
| Person / Time | |
|---|---|
| Issue date: | 03/12/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Costle D ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML19305D921 | List: |
| References | |
| FRN-44FR61372, RULE-PR-50, RULE-PR-51 NUDOCS 8004160220 | |
| Download: ML19305D939 (5) | |
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UNITED STATES p\\ J D NUCLEAR REGULATORY COMMISSION l
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March 12, 1980 CHAIRMAN l
The Honorable Douglas M. Costle Administrator U.S. Environmental Protection Agency Washington, DC 20460 Dear Mr.
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e:
The Nuclear Regulatory Commission has initiated a rulemaking proceeding to reassess its degree of confidence that radioactive wastes produced by nuclear ~
facilities will be safely disposed of, to determine when such disposal will be available, and if disposal or off-site storage is unavailable prior to the expiration of a facility's license, whether wastes can be safely stored on-site until such disposal is available.
See enclosed Notice of Proposed Rulemaking.
The Commission believes that the views of your agency on the subject matter of this proceeding would of great value. Therefore, I take this opportunity to solicit your comments on:
1.
the degree of confidence which exists that safe off-site disposal of
-adioactive waste from licensed facilities will be available; 2.
when any such disposal or off-site storage will be available; 3.
if disposal or off-site storage will not be available until after the expiration of the licenses of certain nuclear facilities, whether the wastes generated by those facilities can be safely stored on-site until such disposal is available; 4.
the conclusions of the Report to the President by the Interagency Review Group on Waste Management, TID-29442 (March 1979); and 5.
any.other information or views which you believe are necessary to support a reasoned judgment on waste management issues.
Your comments and documents you rely on will be made a part of the record of this proceeding and will be placed in the " data bank" of materials being made l
dvailable to all participants.
It is our intent to make your comments and those of other agencies available early in the proceeding to enable parti-cipants to address them in their formal submissions.
Consequently, I would appreciate receiving any comments you might wish to make and a copy of relevant documents by April 15, 1980.
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The Honorable Douglas M. Costle 2
i Please note that by providing these comments you are under no obligation to participate further in this proceeding unless you so desire.
If you wish to comment upon the issues at future stages of this proceeding or receive future documents in this proceeding, please notify the Secretary of the Commission.
U.S. Nuclear Regulatory Commission, Washington, DC, 20555, Attention: Docket and Service Branch.
Sincerely, John F. Ahearne
Enclosure:
Notice of Proposed Rulemaking b
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613b Fsdird R2:ister / Vol. 44 Np.' 20p / Thursdmy. Oct ber 25. 1979 / Proposed Rules b
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4 NUCLEAR REGULATORY C0t.'.?/.:SSION 10 CFR Pa.15 50 and 51 S crage and Disposa!cf Nuclear Waste i CEscY: U.S. Nudcar Regulatcry Cc =-.is sien.
ACTicN: Nc:!ce cf Prcpeted Rulemaking.
sur.".ts.ny: The United States Nue: car Ec;;!a: cry Cc=missica is cond::cting a generic ;re,ceedin; :o reassess its degree cf cen:*.dence tha: radicactive wastes picduced by nuclear facilities will be
Federtl Registtr / Vol. 44. No. 208 / Thursday. October 25, 1979 / Proposed Ruhs 61373 safely disposed of, to determine when -
sites past those dates and until an off.
conclusions about waste repository any such disposal will be available, and site solution is available. In response to impacts or performance.The whether such wastes can be safely the D.C. Circuit's decision the Commission will consider economic L
This rulemaking has been initiated in genericreconsideration of the '
issues in this proceeding in the same stered until they are safely disposed of.
Commission has decided to undertake a fashion such issues were considered in.,
response to the decision of the United radioactive waste question so that it the recent fuel cycle rulemaking:
States Court of Appeals for the District can:(1) reassess its confidence that safe namely, a waste disposal model will not of Columbia Circuit in State of off site disposal of radioactive waste be considered realistically available if it Minnesota v. NRC, Nos. 78-12S9 and 78-from licensed facilities will be availablet would be prohibitively expensive to 2032 (May 23,1979), but it also is a ~
(2) determine when any such disposal or build and operate such a proposed continuation of previous proceedings "
off-site storage will be available and (3) facility. Cf. 44 FR at 45367..
conducted by the Commission in this if disposal or off-site storage will not be During this proceeding the safety area. 42 FR 34391 (July 5,1977).
available until after the expiration of the implications and environmental impacts This notice describes the procedures licenses of certain nuclear facilities, of radioactive waste storage on site for the Commission will employ to conduct determine whether the wastes generated the duration of a license will continue to that proceeding and how members of by those facilities can be safely stored be subjects for adjudication in the public can participate. If the on site until such disposal is available.
Individual facility licensing proceedings.
Ccmmission finds from this proceeding Previously. in connection with a petition The Commission has decided. however, reasonable assurance that radioactive for rulemaking filed by the Natural that during this proceeding the issues wastes from nuclear facilities will be Rest urces Defense Council the
. being considered in the rulemaking safely stored or disposed of off-site prior Commission considered the related should not ia addressed in individual to the expiration of the license for the questien of the likelihood that waste licensing procee3ngs.These issues are facility,it will promulgate a rule disposal will be accomplished safety, most appropriately addressed in a previding that the safety and and at that time it found reasonable generic proceeding of the character here envis' ged. Furthermore, the court in the environmental implications cf assurance that methods of safe a
radioactive waste remaining on site permanent disposal of high-level waste S!cte efl.finnesota case by remanding after the anticipated expiration of the would be available when they were this matter to the Commission but not facility licenses inv.olved need not be needed. C FR 34391,3n93 (July 5.1977),
vacating or revoking the facility licenses considered in individual facility pet. for te r, dismissedsub nem. NRDC involved, has supported the licensing proceedings. In the event the v.NRC,532 F.2d 165 (2.d Cir.1978).
Commission's conclusion that licensing Commissien determines that on. site However, in denyin; the NRDC petition, practices need not be altered during this storage after license expiration may be the Commission anno =ced its intent to proceeding. However, alllicensing necessary cr appropriate. it willissue a reassess this finding penodically.This proceedings now underway ' vill be prcpesed rule providing how that new proceeding will effer an subject to whatever final de'erminations.
question w;11 be addressed, opportunity fcr the Cc:.missica to are reached in this proceeding.
oATas: Notices of intent to participate reassess its entlier finding, to obtain If the Commission finds reasonable must be filed by Nov' ember 25,1979.
wider public participatien in its decision assurance that safe,cff site disposal for.
Other dead:ines are described below, and also to take acco=t of new data radioactive wastes frem licensed A0 dress: Send cc=ments to the and recent developments in the federal facilitites will be available prior to Secretary cf the Commission.U.S.
waste management plan. most notably expirat:cn of the facilities' licenses,it Nuc! car ReFulatorv Commission, the Report to the Pres: dent by the w:ll premulgate a final rule providing Washington. D.C. 3'0555. Attention:
Interagency Review Crcup on Waste that the environmental and safety Docketing and Service Branch. All Management. TID-29442 (hiarch,1979) implications of continued on site storage filings will be available for public (the IRG Report * ).
after the termination cilicenses need inspection in the Commission's Public Purpose ofProceeding n t be considered in individual heens, g m
Document Room at 1717 H. Street, N.W.,
proceect.]gs. In the event the The purposa of this proceeding is Comm:,ssion determines that en. site Wa shinEt on. D.C-solely to assess generically the degree of storage after license expiration may be FoR FURTHER INFORM ATioN CONTACT
- assurance now availab!P that necessary or appropriate, it willissue a Stephen S. Ostrach, Office of the radioactive waste can be safely proposed rule providing how that General Counsel. U.S. Nuclear disposed ef, to determine when such questica will be addressed.
Re;ulatory Ccmmission, Washm, gton.
disposal or off. site storage will be D.C. 20555. (202) 634-3224.
available, and to determine whether Procedures SUPPLEM ENTARY INFORM ATloN:
radioactive wastes can be safely stored The Commission has chosen to Back round en site past the expiration of existing employ hybrid rulemaking procedures E
facility licenses until eff. site dispesal er for conducting this preceeding. Within On hiay 23.1979 the United States storage is available. In addition to thirty davs after publication of this Court of Appeals fer.the District of inictmation submitted by public notice m' embers of the public may file a Cctumbia Circuit remanded two participants and goved.ent agencies, notice of intent to participate as a " full licensing actions to the Commission to this proceeding will draw upon the participant"in the further stages of the consider whether an off. site storage record compiled in the Comrnissien's proceeding discussed below.The notice l
scluticn fcr nuclcer wastes will be recently cencluded ru!emaking on the ofintent should set forth the person's or available by the years 2007-09, the environmentalimpacts of the nuclear group's identity, technical or other l
- expiratien dates of the licenses of the fuel cycle (44 FR 45202-74 (August 2, quahfications to participate, tentative Vc mont Yankee and Prairie Island 1979)), and the record ccmp:!ed herein positions en the issues to be considered, nuclear plants to which the Commission will be available for use in the general and a discussica of any special matters had granted permits to increase the on-fuel cycle rule update discussed in that or concerns soucht to be raised.
site waste storage facilities, and,if not.
rulemaking. However, this proceeding is Furthctmore. at'that time those member, v.hether that waste can be stored at the not designed to reach cuantitative of the public who do not wish to be full O
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613h4 Federal Register / Vol 44. No. 2C8 / Thursday. October 25, 1979 / Proposed Ruhs rarticipants but who wish to file demonstrated. An alternative proposal presentations will be efficient and
. mmments on the issues addressed in which is also under consideration would useful. Unless different procedures are Vs ru!c=aking should file their be.to apply to this pmceeding the set out in the second prehearing order.
Tcmments.
discovery procedures sat forth in'10 CFR the hearing will begin with delivery of The individuals er groups who have Part 2 and to have any discovery prepared statements from the chcsen to participate as fuil participants supervised by the presiding officer.
representa tives, both technical and shall be supervised by a " presiding Participants orothermembers of the legal. of the groups into which the cfficer" to be named by the Commission public who wish to express views on participants have been consolidated.
at a later date. That officer's principal this inatter should file those views with These statements should succintly-responsibility will be to monitor the their notices ofintent or comments summarize the participants' views early stages of the proceeding for the which are due November 2S.1979.In previously set forth in their statements Commission, and to assist the particular participants should discuss and cross-statements. Participants Commission in conducting the later
- whetheri= position of the disconry should ensure that their representatives portions. To those ends he or she will provisions of Part 2 or their absence will be able to address the merits of the have authority to order consolidation of ' vould be likely to alter their willingness legal. technical and institutional issues individuals or groups in the same to participate in this rulemaking or to that have been raised in this proceeding.
fashion provided in 10 CFR 2.715a.The affect the quality'of their contribution to After the prepared remarks the speakers presiding officer may take appropriate the record. The presiding ofncer will will be questioned by the members of,
action to avoid delay, including,if then summarize the views expressed the Commission. Furthermore, other, necessary. holding pre-hearing and present his or her recommendations participants will be given the ccnferences er certifying matters to the to the Commission.The Commission opportunity to submit written questions Cc= mission.
will issue a prompt decision on this to the Commission for it in its The Commission's staff wi!! compile a matter so that the par:icipants' discretion, to ask of participants.
full bib:ie;raphy en the subjects preparation of their statements will not The Ccmmission reserves the option rclevant to the proceeding which will be be ads ersely affected by uncertainty as.
of providing a final stage at which made available to the public at an early to de extent of data that may be representatives of the participants may stage of this proceeding. In addition to available to them.
be cress-examined by other eat bibliegraphy the Commissicn will Approximately 30 days af:er the participants. The Commission will defer main:ain a pub!icly available data bank notices of intent are filed. the efficer will deciding whether to permit any cross-u h:ch wi:1 include relevant informatien issue a prehea-ing c-der rese!ving all examinatien until after the hearing is en waste s: crape and dispcsal. The data prelimina y issues including over. To obtain cross-examination a bank wil' include the IRG Rc;. ort, the censelidatien. Fe!!cwing the;rchearing participant will be required to identify back;round material the IRC cc!!ccted order the participants will have the issue or issues as to which cross.
c cparin; ec report. the Ccncric approximately 60 additional days (Se examination is sought, and the circnmen:a Impact Statement en exact !!me to be set in the prehearing representative er participan involved.
Wa ste Mana;cmen: being prepared by order) to prepare and fJe their and to demcnstrate that cress.
Se Depar: ment ef Energy, and a statements cf pcsitien.The statements examination is necessary to prepare a cu!:cc:icn of coc principal works that wi: be the participa:W pri,cipal recerd adequate for a sound decision.
Se Cc= mission staff will ccmpile en the contributien to the waste cen'idence Eased en the matenal teceived in this n5 ject rf radicarthe weste stura;e and~ proceeding and participants shcuid proceeding and on any oSer relevant
&pescl. Furthermcre. Se Commissica focus their prepara:RIn en them. The informatic:;roperly available to it, the
.. : se!ici: de views ci a number of statements shculd set fenh Se Cc= mission wil.1 pub!!sh a proposed or federal agencies en the questions participants' views on the issues final rule in de Federal Register. Any ins c!ved in this proceeding and en the discussed above. and on the underlying such finct rule will be e!!ective thirty cenc!usions of the IRC Report and make assumptions and scenaries, both days after publication.
the responses of these agencies technical and institutional. upon which Cc=ments. notices ofintent to as silable in the data bank so that the those views are based. A!:er Se participate and s.ay oder documents participantr can addrers &cm in their statements are filed. the participants filed in this proceeding shodd be filed papcts.The ( cmmission expects that wi!! be given approximately 63 days (to by serving a copy on the Secrcfary of In ! par:!cipants will voluntarily make be set by the crder) to preptre cross.
the Commission. U.S. Nuclear re!cvant dccuments in their possession statements discussing statt:.ents Ided Regulate y Com:nission. Washington, available to c:her it.!! participants to de by cier participants. The crcss.
D.C. 00555. Attentiem Docketing and extent prac:!csl and will reference and statements shodd be limited to material Service Branch. All filings will be produce on request the documents on discussed in the statements and should available for public inspection in the which they rcly.
not be used to introduce new material.
Commissicn's Public Document Room at The Commission is considering After the statements and cross.
1717 H Stree: NW Washington. D.C.
wheder additional precedures should statements have been received, the Da ted. October :8.1sts.
Le c=ric.s ed. One pre;csal'is to stric:!y Ccemiss!cn with the assistance of the For the Cerrnission.
centrolinter. par:ici; ant discovery and presiding officer willissue a seccnd to picside that requests for prehearing order. This crder will set out Samuci l. Chilk*
interre;ateries. depositions er oect the procedures to be ic!! owed for the formal cisectery wi!! not be entertained remainder of the hearing and may unless the Ccmmission finds compelling provide for further ritten submissions justificatien therefer.!f this preposal frcm the full participants, or fer the ucre adopted. the Cc==issien expects scheduling cf an oral hearing.fithe
- there weu!d be at most enly a few Ccmmission desires oral presentations.
.cptional circumstances in which the participants ntay be further D**
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such justificatica could be consolidated to ensure that de oral
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