ML19325E126

Forwards Proposed Charter Establishing Licensing Support Sys Advisory Review Panel.Committee Will Provide Advice to NRC & DOE on Design,Development & Operation of Electronic Info Mgt Sys

ML19325E126
Person / Time
Issue date:	10/24/1989
From:	Hoyle J NRC - LICENSING SUPPORT SYSTEM ADVISORY REVIEW PANEL (LSSAR
To:	Jeremy Dean GENERAL SERVICES ADMINISTRATION
References
NACLSSAR, NUDOCS 8911020029
Download: ML19325E126 (36)

Text

-%

A iDk 1

/g>SE88 %

I UNITED $TATES 4

P' NUCLEAR REGULATORY COMMISSION 1

n g

j wAwwovow. o. c. rosos k+,,,,,./

October 24, 1989 l

\\

f Mr. James L. Dean i

Director Committee Management Secretariat l

General Services Administration i

Office of Administration l

l Washington, D. C.

20405 f

Dear Mr. Deant Enclosed for ycur review, as provided by the Federal Advisory I

Committee Act (FACA), is a proposed charter establishing the

}

Licensing Support System Advisory Review Panel.

This advisory j

4 l

committee will provide advice to the Commission and the U.S.

g Department of Energy (DOE) on the design, d&velopment, and operation of an electronic information management system, the Licensing Support System The establishment of this committee has been coordin(LSS).

ated with DOE.

l In a recent rulemaking the commission established the use of-the LSS in its review of the DOE license application to construct a i

high-level waste (HLW) repository (54 Fed. Reg. 14925, April 14, j

1989 - enclosed).

The LSS is intended to provide for the entry

[

of, and access to, millions of pages of potentially relevant l

licensing information.

It will contain the documentary material generated by DOE, as well as the documentary material of all i

other parties to the HLW licensing proceeding including the NRC i

i and the State of Nevada.

All parties will then have access to

[

these documents through the provision of electronic full text search capability.

The use of the LSS will facilitate a timely decision by the Commission on the DOE license application by

[

eliminating the time-consuming physical production of documents after the license application is filed, will facilitate the technical review of relevant documentary material through I

electronic full text access, and will eliminate a significant

-i amount of delay by providing for the electronic transmission of

(

all findings during the licensing hearing.

j In order to ensure that the LSS is designed, developed,and operated to meet the objectives of the LSS rulemaking, Section 2.1011 of the final rule provides for the establishment of the l

LSS Advisory Review Panel.

Membership on the LSS Advisory Review L

Panel will be primarily drawn from those interests that will be affected by the use of the LSS, including DOE, NRC, the State of l

Nevada, the National Congress of American Indians, atfected units of Nevada local government, a coalition of national environmental groups, and an industry coal.ition.

These groups represent the

{

W (DW m f

i i

\\

l PNV

~

J

s 2

i different viewpoints on the siting of the repository and will provide the balanced membership required by FACA.

Federal agencies with substantial expertise and experience in electronic l

information management systems will also be invited to participate on the Panel.

The Commission believes that the review l

of LSS development issues by the representatives of organizations i

that will be significantly affected by the LSS is critical to its successful implementation.

The commission does not believe that there is any other way to satisfy the need for such advice, either within the NRC, or l

externally through another agency or advisory committee.

Thank you.

Sincerely,

[

hif }$Q Joh C. Hoylb Adp sory Committee Management Officer

Enclosures:

1.

Draft Committee Charter 2.

54 Fed. Eigt 14925-14955 i

I i

k i

1 R

f i

I b

f

- - ~.

\\

• a-i.

l UNITED STATES NUCLEAR REGULATORY COMMISSION i

CHARTER I

I LICENSING SUPPORT SYSTEM ADVISORY REVIEW PANEL l

t 1.

Establishment and Official Desianation l

The Nuclear Regulatory Commission (NRC) has amended the commission's Rules of Practice in 10 CFR Part 2 to establish the basic procedures for the submission and management of records and documents relating to the licensing of a geologic repository for the disposal of high-level radioactive waste (HLW).

The procedures include the use of'an electronic l

information management system known as the Licensing Support System (LSS).

Pursuant to 10 CFR 2.1011(a) (1), Subpart J, there is hereby established an advisory committee dosignated 1

as the LSS Advisory Review Panel.

f 2.

Obiectives. ScoDe of Activity, and Duties 2

The LSS Advisory Review Panel shall provido advice tot a,

the Depar: ment of Energy (DOE) on the fundamental issues of the design and development of the LSS.

b.

the LSS Administrator,

NRC, on the operation and

'naintenance of the LSS.

l The LSS Advisary Review Panel shall provide advice ont a.

format standards for the submission of documentary material to the LSS such as ASCII files, bibliographic headers, and images; b.

procedures and standards for the' electronic transmission of filings, orders, and decisions during both the pre-l i

licensing application phase and ' the high-level waste i

licensing proceeding; j

c.

access protocols for raw data, field nctes, and other items; j

l 1

l ~

protocols on digitizing equipment; d.

1 e.

a thesaurus and authority tables; j

f.

reasonable requirements for headers,- the control of duplication, retrieval, display, image delivery, query l

response, and " user friendly" design; and i

i t

1

s l

2 g.

other relevant activities related to the design, operation j

and maintenance of the LSS and the format and procedures for LSS material as directed by the LSS Administrator.

The

'LSS Advisory Review Panel will also develop j

recommendations on establishing priorities for the loading l

l of documentary material and will review and comment on proposals on whether particular categories of documentary material should be included in the Topical Guidelines.

l i

After commencement of the high-level waste repository licensing proceeding, the primary focus of the LSS Advisory l

Review Panel will be on broad, long-term, technical issues j

relating to the design and maintenance of the LSS and

[

continuing assessments as to how and whether the LSS is performing its intended function and serving users' needs.

3.

pyration The LSS Advisory Review Panel is expected to be needed on a I

continuing basis through the conclusion of the hearing on j

the license to replace waste at the repository.

l t

4.

Official to Whom the Committee Rooorts l

The Panel reports to the LSS Administrator, NRC.

I i

l 5.

Ageligv Responsible for.Providing Nec,ggsary Suncort l

The Nuclear Regul6 tory Commission will provide the necessary

[

support through the Office of the LSS Administrator.

j 6.

ligJnbershio I

Membership will initially include representatives from those organizations who participated on the NRC High-Level Waste i

Licensing Support System Advisory Committee.

This includes i

I representatives of the State of Nevada, the Department of

Energy, the Nuclear Regulatory Commission, the-affected i

units of local government in Nevada, the National Congress i

of American Indians, the coalition of national environmental groups and the coalition of industry groups.

Selected i

Federal agencies with substantial experience in electronic information manegement systems may also be included on the Panel.

Consistent with the Federal Advisory committee Act, i

the LSS Administra*.or may appoint additional i

l representatives, giving particular consideration to potential parties to the HLW licensing proceeding and those i

l who later acquire actual party status.

The NRC l

representative will serve as the Chairman of the Panel.

[

l i

f 1

i

g.

'o i

i 3

i 1

j 7.

Eitimated Number and Frecuency of Meetinas The LSS Advisory Review Panel will meet approximately four to six times a year, or as necessary, and will be convened by the Chairman i

i 6

8.

Estimated ADDy31 Operatina Costs The estimated annual operating costs for the ISS Advisory i

Review Panel are $10,000 and 1 person-year.

}

Filed with the Nuclear Regulatory Commission t

e John C.

Hoyle Advisory Committee Management Officer h

i i

l e

l

\\

l l

r i

.t 1

t i

l

um Rules and Regulations rederai neosier i

Vol. 64. No. F1 f

Inday. Apni 14.12e i

Ss section of the FEDERAL REGISTER of disproportionstely burdened.

available upon which this regulation is tantams reswatorY occuments f;sym9 Marketmq orders issuto pursuant to the based and the effective date necessarv gene *si acoucaterv ano negai etiect enost of wn.cn are sevea io anc coon *a m Agneulturalhtarketmg Agreement Act, to effectuate the declared purposes of e e Coos of Feoeras Repuistions, wrwon is and rules issued thereunoet, are umque t!ie Act !nterested persons were given neo unoer 60 tites pursuant to sa n that they are brought 4. bout through an opportumty to submit informanon group action of essentially small enuties and views on the regulation at an open

%e Cose of Feseral Reguistions is soid actmg on their own behalf. Thus, both meetml,it is necessary. in order to ry tne sucenmencent of Documents.

statutes have ornali e:itity onentation effectuate the declared purposes of the enees of new ta*s are 6 stoa e the and compatibility.

Act. to make these regulatory provisions f.*st FEDERAL REGt3TER 6save of eacn There are approximately 85 handlers effective as specified, and handlers have t

• • A of lemons grown in Cahfornia and been appnoed of such provisions and

_ _. _ _ __ Arizona subject to regulation under the the effective time.

DEPAMTMENT OF AGRICULTURE app o7m el 25 Ust of SuWects la 7 Cm Pan Me I

pro u ere in the l

Agneultural Marketing Serv 6ce regulated area. Small agricultural hf arketing agreements and orders, producers have been defined by the California. Arizona. Lemons.

7 CFR Part $10 Small Business Administrauon (13 CTR ILemon Reg. 6411 1:1.0) as those having annual gross Tor the reasons set forth in the revenues for the last three years of less preamble. 7 CPR Part 910 is amended as kemons Grown 6n Califomia and than 6500.000 and small agneultural I'UO**

Antone: Limitation of Hanoung sunce hrms are defined as those whose gross annual receipts are less than PART 910--LEMONS GROWN IN YENcy:Aencultural htarketing Service, 33.600.000. The malonty of handlers and CALIFORNIA AND AR120NA USDA.

producers of Cahfomia. Arizona lemons

1. The authority citation for 7 Cm ACTION: fmal rule.

may be classified as small entities.

Part 910 contmues to read as follows:

suuuARTt Regulation tot establishes This regulation is issued undet the quanuty of fresh Cahfornia. Arizona hfarketing Order No. 910. as amer.ded (7 Authority: sees.1.to es Stat. 31, as lemons that may be shipped to market at CTR Part 910). regulsting the handling of amended. 7 U.s c. 401474 330.000 cartons during the pened Apnl lemons grown in California and Arizona,

2. Section 910.9611s added to read as 16 throueh Apnl 22.1989. Such action is The order is effective under the follow 8:

nieded to balance the supply of fresh Agriculturalhtarketing Agreement Act NOTF.: Die sechon will not appear in the

!cmons with market demand for,the (the "Act." 7 U.S.C. 601-474), as Code of Federal Regulations.

pened specified, due to the mars etmg amended.This action is based upon the recommendation and infonnation I

**" A"*U'" #

• situation confrontmg the lemon indusuy. submitted by the Lemon AinintettstiveThe quantity of iemens grown in i

DAtts:Reeulation 661 (1910 000 is Committee ! Committee) and upon other California and Aaisons which may be effective for the period Apn118 throuah l

April:2.1989, available informat on. It is found that handled dunng the penod Apnl16.1980.

this action will tend to effectuate the through Apnl 22.1989,is established at rom eunTHER INPORMAtt0N C0erf ACT:

declared policy of th9 Act.

330.000 cartons.

Destnr Rodneues. hlarketma Specialist.

This regulation is consistent with the h1 arks tme Order Administration Branch. Califomia.Antons lemon marketag Dated: Arn112.1D89.

T&V. Ah!S. USDA. Room 25:3. South policy ior 1986-69. The Comnuttce met p,3,y pjf,c,,f, [7,j,,3g,,,,,y, Robert C. Kweey Buildmc. P.O. Box 90456, Washineton, publicly on Apnl11.1989,in Los DC 000M456; telephene:(202) 475-Arigeles. Cahfomia. to consider the pj,,,,,,3, 3B61.

current and prospective conditions of trR Doc. 89-9153 Filed 4-1 bee 8 45 aml sUPPcEMENT ARY INFORMATI0tt This supply and demand and by a 9 to 4

..f._ "0" "

imal rule has been reviewed under vote. tecommended a quannty of lemons r.xecuuve Order 1091 and deemed advisable to be handled dunne Departmental Regulation 1510-1 and has the speedied week. The Committee WCLEAR REGULATORY b:en determined to be a "non major" reports that demand for lemons as OMMISSION rule under entena contained therem.

Improvms.

pursuant to requirements set forth in Pursuant to 6 U.S.C. 653, it to further M Cm Pad 2 the Reculatory Flexibility Act (RFA), the found that it is impracticable.

Admmistrator of the Agricultural utmecessary, and contrary to the pubhc M m-AC44 l

h1arkeung Seivict has determmed that interest to give preliminary notice and I

AJ tion wnl not t.ae a slEnificant engage m further puohc proceoute with Subtr!ssicn and !.tartagement of economic impact on a substantial respect to this action and that good Records and Documents Related to number of smail entitles, cause exists for not postponmg the the Uconting of a Geolog6c The purpose of the RFA is to fit effective date of this action unn! 30 days Repository for the Dispol.al of High.

regulatory acnon to the scale of after publication in the rederal Resister Level Radioactive Weste busmess subiect to such acuono in order because ofinsufficient time betwr ~s the Aotwcy: Nuclear Regulatory t' int small busmesses will not be unduly date wben information became Commission.

e

M

,14926 Tealetal Nerlater / WI. 54. No. 71 / I'riday. April 14. 1039 / Rules and Regulations Acteow: renal rulernakms.

amended ("NWpA"). The aceotiating

• Enebling the comprehensive and

. speensaav: The Nuclear Regulatory commatite completed its delit >crations in early review of the millions of pages of Cornmission is amending the July 1968. Based on the committee Commission e Rules of Practice in to debberations. the Commission approve d relevant licensms matenal by the potential parties to the proceedmp, so as CPR piirt 2 for the adpudicatory a proposed rule that would revise to to permit the earlier submtssi'.* of better roarding on the application for a CIR part 2 to establish the procedures focused contentions resultmg in a nense to receive ano possess high. level for the HLW proceeding. The proposed t.imoactive waste at a geologic rule was published on November 3.1908.

substantial savmg of time dunns the i

The comment penod closed on proceedmg:

'b 10 r

e te sio a est ish December 6.1988. After consideration of

• Providing for the electronic the basic procedures for the hcensing the public comments, the Commission is transmission of all filings duirns the proce ding. includmg procedures for the promulgeting this fmal rule, heanng, thereby eliminatmg a une cf the Licensms Support System, an The LSSis intended to provide for the significant amount of delay.

c1cetronic information management entry of, and access to. potentially The Negorioting Committee. The s3 stem. In the proceeding. The revisions televant licenairig information as early Commission used the procus of cre based on the deliberations of the as practicable before DOE submits the negotiated rulemaking to develop the Commission's High Level Weste license application for the repository to proposed rule. In negotiated rulemaking.

Licennmg Support System Advisory the Commission. The LSS would contain the representatives of parties who rney Committee. The Advisory Committee the documentary matenal generated by be affected by a proposed rule, including was composed of organisations DOE NRC and other parties to the the Commissinn. convene as a group repr:senting the maior interests likely to licensing proceeding, which are relevant over a penod of time to attempt to reach be effreted by the rulemaking, and was to beensing of the repository. All parties consensus on the proposed rule.

est bbshed by the Commission pursuant would then have access to this system The first meetin of the negotiating to the yederal Advisory Committee Act, well before the proceeding begins, committee was he d in September 1987 I

5 t!.S C. App.1. in September 1987.

Access to these documents will ba The negotia ting committee completed its Ee recTivs part: htey 15.1989.

provided through electronic full text debberations in July 1988.

7on rustwan twoonssanow coettACT search capability. This provides the The members of the negotiating Francis X. Cameron. Office of the flexibility of searching on any word or committee ste-General Counsel. U.S. Nucle at word combinations within a document

• DOE Reculatory Commission. Washington.

and thus facilitates the rapid DC ;0555. Telephone: 301-s92-1623.

Identification of relevant documents and *NRC

(',su

• SW of Nevada a

h' ' * "'

i speectneswtAmy swcomesATioet B:ckgmund access to the LSS. the initial time, governments

, evai

• A coalition of Nevada lxal On August 6.1t C7. the Commission connming discovery process. includmg ennounced (52 FR 29024) the formation ther physical production and on.aite

• A coalitation of industry groups (Edison Electnc Institute / Utility of the liieh. level Weste Licensing review of documents by parties to the Nucleat % aste hianagement l

Support System Advisory Comrmttee HLW licensing proceeding, will be Group /U.S. Council for Energy

("r4potiating committee") to develop substantially reduced.

Awarenessi i

recommendations for revising the The use of the ISS in the HLW

• Natioraal Congress of Amencen j

Commaston's Rules of Practice in 10 licensing proceeding is to provide for Indians Cm Part 2 for the adjudicatory timely review of the DOE license portedmg on the application for a application by-

• A coalition of national environmental

.lcense te receive and possess high level

• Eliminating the most burder.some FundfSierre Club / Friends of the groups IEnvironmental Defense radioactive waste ("HLW") at a peologic and time consuming aspect of the Earth).

l repository operations area ("IILW licensing proceeding ).' The negotiating current system of document discovery-1.e the physical production of All members of the negotiatin committee sought concensus on the documents after the license application cornmittee. with the exception of the broc dures that would govern the HLW has been filed-because the LSS will industry coalitiori, agreed to the draft c:nsing proceeding, focusin pnmanly

! on the use of an electronic in ormation provide for the identification and text I the proposed rule that was submission of discoverable documents discussed by the committee at its final l management system kncwn as the before the license application is meeting ( ' final negotiating text' ). Under Licensme Support System ("lSS"). In the submitted; the committee protocols, the dissenting 1

HLW licensma proceeding. The

• Eliminating the equally burdensome

• I N ##

ebbetive of the negotiated rulemaking and numerous FOIA requests for the E*E

• wcs to develop the essential features of l the proc-dural rules for effective same information that both DOE and the

'"g"

! Commission review of the U.S.

NRC will surely receive before and after Dep:rtment of Energy (DOE) license the application is filed if the LSS does

' ta the Aueuet a. test. rederat seswise Notic.

application within the three. year time not become a teality:

$,*,'n'."",'e',[',d '",',,$','n'd,N*fy,"M',,, niy

,i veinet required by 9ve'. ton 114(d) of the

• Enabline the comprehensive and en' of ** mnhanisms ihn me tcmmon wu Nucle:r Waste policy Act of 1962. ae early technical review of the millions of

'**'d'""8 ** *!'a' 'h' hc'a a' P'oc'**-

pagee of relevant licensing matenal by

"mEne*fn$u"dirUhIin uYi n$I*tIy"!seted i see Arreement in Iwneerte setwen ibe the DOE and NRC staff, through the eo Dre;timou of I.nerey (DOri and the Nucieer provision of electronic full text search that e sienificoni conmbuter to censma deter wee documeni dacomr and monas creruce-imu aerulatory commission (NRCi on the Den elopment Capability which Will allow the Suick Aat me lAS wu miended to address. ;n th:e resortL of a t.ignams Support Steiems ItAS). Iebruary 27 Identification of relevant documents and the industry esser etated that the t.Ss wouid teouit 1983.

Issues; m hde theng m me lenge of the beeneina proceeding without further procedurel chances.

s i

rederal Roskater / Vol. 54. Nr. 71 / Triday. April 14, 1980 / Ris cnd Ferulations 14827 i

Those participants who approved the UNWMG. along with the U.S. Council NWPA's three-year ttme frame. In j

final nepotiating text are DOE. the State tin Energy Awareness, represented the particular. the cerofication of DOE o! Neverla, the coalition of Nevada local industry on the HLW LSS Advisory comphance is necessary to assure that rovernments, the National Congress of Comfruttee. The industry comments will relevant documents are in the LAS se i

American Indians, the conhtion of be discussed in the context of the eel /

soon as possible, so as to allow for r.ationr' mvirortmental groups, and the UNWMC comments. except where there early, pre license apphcation discovery.

i NRC st.i!. The fmal negottaung text was is a sieruhcant difference in an Any disputes over compliance with the l

l carefuly drafted with the full individual comment letter. The rule will be resolved by the Pre-Ucense t

j participauon of people with strona discussion of the public comments will Application Licensing Board established l

l espenence and background in NRC focus on the issues of cost benefit, the ln 4 2.1tr10 before the license application pract ce. it reflected the concerns of the topical guidelines for the submission of is submitted.

major interests affected by the documents et the LSS, and the nou.LSS e The industry aryues that the actual rulemaking. in fact, the industry upects of the rule.

performance of the t.SS is unlikely to coahtion, although dissenting on the senchg. cost. The industry aques that live up to the expectatnone of the parties imal negotiating text. fully participated the LSS is a " gigantic, highly because documents that should be tu the in the drafting of the final text, and had complicated, and extraordinarsly data base will be nussed entaroly, and considerable innuence on the wording expensive systern" that will not that some of the documenta captured i

i of the hnal text.'

sigraficantly assist Comminion could easily be incomplete in their i

The proposed rule was issued for a decision. making on the construction electronic form. This way lead to attacks I

thirty day comment penod.ne authorisation for the repository within on the accuracy and completeness of the perheipants on the negotiatin8 the NWPA timeframe. Rather than data base. De Commission notes that committee who approved the fmal lesdme to a reduchon of the tiree for the final rule contams several provisions negotiating text agreed to refrain from licensmg. the industry believes that the intended to minimise and correct i

commenting negauvely on the fmal LSS would lead to an extension of the inaccuracies and incompleteness.

j

}

negotistina text.if that text wa8 licentine time. Therefore. the industry Section 2.1000 requires each party to published by the Commission as a does not believe that the benehts of the establish procedures to capture the proposed rule. ne tndustry coalition, as LSS lusufy the costa (estimated by DOE required documents. This section also j

l well as any nonparticipants in the to be S200 nullion over a ten yeer establishes an early and continuous l

negotiation, were free to comment I

period), and consequently, does not certification fficial must certify that the rocess,in which a party's criucally on any aspect of the proposed support the LSS, designated o i

tule. including cost aspects of the LSS.

The industry argument against the party is in compliance with document Consistent with the negotiating LSS has two basic components:(1) The submission requirements of the rule.

3 committee's function advise the LSS would not enable th6 Commission Section 2/iOO3(hW2)(1) requires the LSS Commissica on the LSS rulemaking, the to meet the three-year schedule for the Administrater to begin monitonns DOE staff submitted the comments on the 1:suance of the construction compliance with the document proposed rule to the negotiatin8 authorisation mandated by the NWPA:

submission requirements well before the i

committee for review and comment. %e and(2) the costs of the LSS have been license application is submitted. Section public comments on the proposed rule, underestimated. As an alternativa to the 2.2004 provides a mechanism for and any comments from the negotiatin; LSS. the industry has prttesed e amendments and additions to be made i

committee (the Commission received microfiche based system in which to the data base. In addition, the LSS l

comments from the State of Nevada, the relevant doeunwnts wwld be stored on will be operational before the license l

NationalCongress of AmericanIndians, microfiche but would not be esotured in application is submitted. allowirig time I

and Lincoln County. Nevada), are electronic searchable full text flowever, for any errors or omissions to be summanned below.

the indexes to the documents and the corrected. Furthermore an image of all The comment period on the proposed bibliographic heedets for the documents documents will be available as a backup i

LS3 rule closed on December 5.1988.

would be "computerned". presumably for thw electronic tr.xt. Finctly, as noted

~

The Commission received nine in electronic search 6ble full text. Parues above, the rule establishes a Pre-License comments. Seven of these comments could request a copy of a douement from Application Licensing Board to resolve were from various segments of the the LSS Administrator, and receive it by any disputes over accuracy and Nuclear industry, one was from DOE overnight mail, completeness of documents before the expressing support for the LSS l

rulemaking and recommending several According to the industry, the LSS license application is submitted.

clarificauons, and one was from formal would lengthen the licensing process for

+ ne industry argues that the vast tnal counselin the Commission s Office the following reasons:

quantitles of data available in electronic of the General Counsel, now with the

. The industry argues that the LSS full text will provide parties with the l

firm of flopkins. Sutter, Hamel & Park.

will create new proceduralissues over opportunitf discovery.The Commission to generate even greater Most of the industry comments which litimation is hkely-for example.

amounts o consisted of an endorsement of the the LSS Administrator's certification notes that the LSS rule establishes recommendations contained in the ihat DOE is in substantial and timely requirements for the submission of compliance with the document relevant documents in advance of the comment letter subraitted by the Edison Electric Inst tute and the Utility Nuclear submission requirements in the rule. In license application.Because of the response. the Commission notes that.

tubstanual amount of information that mste Alanagement Groupt" eel /

tJNWhtG ). As noted earlier.EE!/

although the LSS rule does establish will be provided, the Commission does some new procedural requirements, not anticipate continual discovery these requirements are necessary to requests for large ameants of additional m, comma. ion noin iui ua ladustrr ensure that the parties subject to the documents. Furthermore, the Heanna U.a*"nNo7e'r.$.NE.T.'Ne$[s" rule are in substantial and timely Licensing Board is authonzed to limit that it had set forth et the inchel meeuns of the compliance with its provisions. and discovery, spectOCally taking into i

ween.nruomnune.ome ten monthe eutwr.

thereby facilitate compliance with the account the early availability of

?

i 14933 rederal Regletor / Vol. $4. No. 71 / Triday. April 14. 1989 / Rules and Rerulations i

informstion provided by the LSS, and the application is filed if the LS$ does thy

• F**s terenw the key tieneht of improv ropond LS$ puws the ooet/ benefit compliance with the NWPA's three year not become a realityt e

8" schedule. See ll:1018(c).11W1(a)(5).

• Enebling the comprehensive and accow to pmeram mfonnenon win tenamly 2.10= a)(6),

early tec.hnical review of the millions of I'e served by the 155 and the costs of the LAS

• The industry argues that disputes pages of relevant heensma matertal by 8'j "l'p*,'j7[h',"g',$l",l(f,'p','n'h, 8

over the use of wntten interrogaiones the DOE and NRC staff, through the are c ertain to " plague the licensmg provision of electronic full text starch and NRCs conclusion that the Li>$ would shonen the bcensms pened for a repository

}

boato and discovery master." Section capability, which will allow the quick and,in that respect would be bkely to reduos 3.101Bla)(2) provides for the use of identification of relevant documents and overall program costs rather then meresse writteninterrogatonce onlyif authorized issues:

them, by the discovery master or Heerms e Enabling the comprehensive and Licensme Board upon a showmg that early review of the millions of pages of One public commenter, the former l

informal discovery, which, as indicated relevant licensma material by the NRC trial counsel, endorses the benefits i

below. is hmited to such matters as the potential parties to the proceeding, so as of the LES and agrees with the staff names of witnesses, has failed.

to permit the earlier subminion of better belief that "the LSS will facilitate furthermore,in ruling upon a motion to focused contentions. resulting in a greatly the objectne of realisi en authorite wntien interro tories, the substantial sevmg of time durtng the initial decision within 3 years the discovery master, or the eering proceedingt filing of the application."his I

Licensing Board may consider whether

• Providing for the electronic commenter goes on to state that "the the requnt creates the potential for transmission of allfilinge during the HLW license hearings will be dela 'ed unreasonably interfering with meeting hearing. thereby eliminating a substantially" without the LSS. Th e is the three year schedule in the NWPA.

significant amount of delay, due to the fact that the LSS rulemakin8 I

4, Tor these reasons. the Commission does 4

• " " d '"*'" ' " ' "

The Com mssion believes that an not believe that d:sputes over written document management system for tke obstacle to timely completion pNe""

interrogatones will" plague" the boards, liLW proceeding must meet all of these

!!LW proceedma b) p ovidin relevant or lengthen the beensing process.

objecuves m order for the Commission documents wellin aosance o the e The industry argues that system failures will tngser action to bring the to meet the NWPA schedule, while still license application. As further stated by entire licensmg procen to a halt.The providmg for a high quality review of thir commenter-the license application. No other potent al perun will han access to the Commission does not anticipate tht.t the alternative, including the industry LS8 "'ll '8 'd""C' 'I 'h' h*' I

LSS will be unavailt.ble for entical periods of lengds of time. DOE will microfiche proposal, will accomplish submitting requests for a heanns. Thus, the this

** "d'd I P'P'C" P* '"" d'F"'

design and develop the LSS wellin "I " "

As stated by the National Congress of 7E$ih m t e[t.e eft hYuld$

advance of the hcense application. This American Indians INCA!) in its review period also includes dnesopment of a of the benefits of the LSS-large4 completed before the preheenns procen begins. Moreover, au hean I

he S ef i beco eo rational.

S

]pyc,*tyt. eyuf et h

a ant 8

l Furthermore, the DOE design, g

t er they should i

development and testing program will the industrms its potenual to facilitate th, be able to frame manmsful and maional i

)

be conducted mth input from NRC and thoroughnen of program eeviews. Unlike the issues for hugsuon....nnedy, the other affected parties.The Commission nucint industrn Indian tnbes. sieles and

"'*l*'h"'" of the Monon Appbcation r

other potertialintervenors view the NRC Licenetng Board to hear and ruie on believes titat ske 6nign, testing, and licentans for a repoptory to be more than a documniproduchonconvenmes Muld development process will eliminate the troubinome procedural hoop through which assure that the deley cttendant to lessi i

major causes of aystem failure before DOE scust turup en its way to repontory pt,stunne over document production will not the hearing process bepms.

we ste ecceptsi,ce.

impact the heanna schedule in, sum. the in summary, the Commission does not Inf an tnbn. etstee ioeal govemments and propond ngulatior s would

' temon ottee with the industry opinion th.it the c'ttuns' orvemuuons that might become one of the erntnt canes of delev from the LSS would add time to the licensing I"'""" '" 'h * ' P'" h * "

• NRC adjudicatory heanng procen.

process. The stsff continues to believe rnponsibliit> to their respective constituente The DOE benefit. cost analysis a ereItinsivIy nd or[e tly[s indicates that appoximately $200 i

that the LSS is the best alternative for do providmg a hich quality and efficient review of the DOElicense application ponible. In other words. then enuties.

million would be saved for each year of within the schedule mandated by the pnmary internt m this enure proprem-one licensing delay eliminated due to the which to manifestly consistent with the LSS. The final rule establishes NWpA. As nowd above. this will be general public interest-is to make sure that procedures for the HLW. 'ncluding a accomplished through the Commaston a final determinations in this model hearing schedule, that will allow i

• Ehminating the most burdensome matter are es nearly correct as possible.

the Commission to reach a decision on t

and time.consumme aspect of the To discharge this rnponsibility, which is current system of document discovery-also mandated by the Nuctor Wute policy the construction authoritation within i

I' h 'E h*' etste the timeframe specified in section 114(d) i.e., the physical production of

^$1 any efffeteIl d nYr t t [y m iet of the NWPA.llowever,evenif the i

n documents after the license application has been filed--because the LSS will intimately involved in the review of the process were to take up to one third provn:e ht U.t Wrnufication and program. To effectively participate in longer than the fint.1 rule envisions, the f

submission of discoverable documents program reviews. tne prospecure tatervenors LSS would 6uil anuit m ca.tnmatmg must have estellent accen to the infonneuon substantial time from current licensing before the license application le bene the progrem ie usins. They do not now practice. Under these circumstance the submitted; have even margmalty adequate access to that benefits of the fmal rulebould exceed ll

• Eliminatine the equally burdensome informauon. The LSS-enn a flawed.

the costs of implementing the ISS.

Ii and numerous TO!A requests for the incomplete LAS--promnes to vastly tropreve

'j same mformation that both DOE and the th"t

• CC*-

htoreover, the Commission is pursuing still other methods for streamlining the NRC will surely receive before and after NCAI concludea that-licer. sing process, such as using i

)

P

i Federal l'esister / W1. 54. N1 Il i T iday. Aerti 14.10 / Rules en:1 Rerui.tlons 14S39 l

___7, I

rulemalms to resoive substanute an irr. pact on the schedu!e of the the projected costs were espressed in j

bcensing issues before the license adNd. cation.

1988 dollars so were the espected opplicatiert is submitted.

NCA! commentina on the full test benefits. Therefore. the conclusions of I

The sec.ono part of the industry scorch capability of the LSS. stated-the analysis would be the same whether j

comments on tne cost 6 and benefits of The moslimponent espect of that utne is in constant of adlusted dollars. Finally.

the LSS is the acequacy of the DOE the proposec lull test seerth capabihty of the the Commission coes not scree with the benefit cost annivsis. The ir.dustry does LSSlhet is where the nuctut moustry e industry statement that the LSS is a not believe that the DOE analysis is alumuve. e microfichobened system tells

revolutionary system. There are many adequate for a r' umber of reasons, for short of what is ne eded. The nuclear successful commercialinformauon r

pnmarily because the DOE analysis did l"%',Ffybd '

n.'wM. management systems such as Dialog..

n he nt tn o t

LEXIS. and M esuaw that prov.de full not consioer siternatives to the LSS would be stored and provided in microfiche such as the inoustry microfiche system-form. Unfortunetely, the usefulness of such.

teat search and retneval of millions of In addition, the mdustry notes shat the -

' systems is for too sensiuve to the quality of pages. The U.S. Consreas also has a j

estimated $:00 million cost is o.tly the tndeams. perucularly wnh respect to data base (SCORPIO) that contains protectect over a ten year penod, and the sublect cescnptore or ebetrocia. there needs substt.ntiallesislative malenalin

[

1 cost is only presented in 1988 dollara, to be near.pniect conuponaence betwwn searcheble full text.

Finally, the mduetry claims that the site.

'*[' P,"{*[l$*,I'f dhe$'o*rdb for Seventy percent of the $200 million j

coat for the LSS is for the labor compiexity, and " revolutionary" nature the lauer to find metenals tn en mden only of the LSS will sipruficantly escalate the

system, associated with assembling and costs of the system.

Full text scorch, on the other hand, organising the documents, convertmg in response the Commission notes provido much ernter power and fletibthty them to electronic format, and prepenns thet ihe scope of the DOE beneht cost 6a *ccus*8 rel'v*nt tafD ouon. surveys bibliographic heodera. Howevor, much I

cited b the NRC staff in support of the LES of the cost associated with these analysis was determined in reference to rubme{ing unsistently showed greater the objectives of the LSS identified activities will be incurred. in any event.

earlier-facihtatme the discovery and

• l[Q'((,"[ der si[ s ' '$i e is 8 ' I"U' as part of the records management i

review of relevant documents. The staff, envmoned for the LSS--releuve to other function for the repository, mcluding the l

DOF. anc' other participants on the eherneutn.

costs for checking the document i

negotiatrie committee did not believe conversion for completeness and i

that any alternauve other than an As noted by the State of Nevada in its accuracy. Therefore, the Commission I

electronic full teu search system could review of the industry proposal, the does not believe that the $200 million satisfy these obiectives, and thereby system the industry recommends-cost accurately represents the I

l allow the Comnussion to meet the would not more grutly neiet the incremental cost attnbutable to the full NWpA schedule, while still providing Commission m meeuns its conerneional time text search capability of the LSS.

for a high quahty review of the relevant goals. and would not proude the parues with Rather, the $200 mill!on includes costa j

licensine inferrrsoon. Therefore, the

(((ijp,"n

',",',did n t h(*g" -

that would be incurred in any system of l

• d j

DOE did not evaluate the benefits and Comminion the commensurent hisher level records telected by the agency for con of alterneuves that did not include of confidence that allissues have been fully storing and retneving documents en electronic full teat tentch capability eylend and that the public hesith and pertinct to the HLW pioceeding.

t j

of the documents in it e system.

safety wall be protected before tr.e In addition the LSS Cost projections i

Althcuah the mdustry microfiche Commission amves e: its t.orstruct3on are sensitive to the actual vrilume of alltrnauve might provide for the 8d'ortutmn det 6sion.

information to be entered and to the collection of relevant dorutnents in Furthermore, the Strte of Nevada processing costs per page. Sigruft mnt advance of licemme. it d:>es not provioe believes thet the industry microfiche cost reductions may be achieved i

for the electrenic fell test search wnhin altomative "faillsj to take into account thicush competitive procurement of data those dncarner'ts ooch en the 7000-page the fact that any ottenyctem, either entry services. Cost reducuons may also Site Charactentation Plan. The hard copy or the microfiche based be realized by scahng down the e

Commis6 ion does not believe that the system which they [the industry) universe of documents to be entered into I

mere avoi/obihrr of documents in hard espouse, w9uld be as labor intenen e.

the LSS, as discuped below. it. light of l

l copy or microfiche without electronic potentially more time consumina.

the fact that the elimination of even one full text search capability will permit an probably unwieldy, and more likely than year oflicensmg deley by use of the LSS adequate substantive review of the not would involve as much cost as the would result in a savmes of documents in the HLW proceeding by proposed LSS." For example, a approximately $200 million, the cost of f

the staff itself or any other party. nor microfiche data base would have to be the LSS is reasona ble. In addition, the willit permit the hearma to be duplicated for each potential party as projected $200 million cost over ten f

I completed within the NWPA timeframe.

well as for each public document room.

years is less than three percent of the i

for example, in the 16 month penod The la tter, in particular, would require total ant.ual DOE budget for the high.

l followmg submission of the license substantial additional physical space level weste program.

appbcation. the current schedule calls and personnel to oversee the microfiche TopicalGuidelines. Several of the

{

for the NRC staff to review the library.

comments, explicitly or implicitly, application, to prepare its Safety The DOE benefit. cost analysis was addressed the size of the data base that l

Evaluation Repo't and to evaluate and only protected over a ten year period would result from the use of the topical l

respond to cer.sant.ons proffered by the because that penod corresponos to tne guideimes iur cetermming what

(

l parties m the heanng.The LSS furnishes period where the maior costs of system documents must go into the LSS. One an important tool for the staff to use to design and development, and document commenter, the former NRC trial ensure that its review is both timely and entry, as well as the benefits of the LSS, counsel. recommended that reasonable l

comprehensive, and will enable the Staff will be realized. t e., from the pre. license limits be established on the scope of to complete its review of both contested application phase to the decision on the documer.t production, for example.

and uncontested issues without hevmg coantruction authonzation. Although, excluding documents concerning i

i h

I 2 30 Tod*'*) Register / W1. ta. No. M / Friday. April 14. 1989 / Rules and Reculations e

alternauve srtes or hmiting the that the topical rundehnes will not be construct a high lesel waste repository.

j documents to those produced after the used for determmme the scope of The negotiators to this rulemaking have 1:"t2 enactmer.t cf the NWPA. or to an admissible contenuons m the HLW made a number of smorovements to our eather oate when the pnmary research heensmg proceedmg.

eustmg procedures. However, more cnd cen ciopment work beme relied on Morever, there are other possibiltues improvements may t>e necessary if the by DOE was corntseted. Accormns to for ensurma that the document Commission is to meet the tight th:s commenter. meanmpful hnuts on production requirements do not become licensu deadline established by the document producnon should reduce the unwieldy.The ruiemsking on the Nuclear Weste Pohev Act of 1962. as cost of, ano the potential for delar m the Commission's NEPA responsibilities will amended. By pubhshing this rule, the use of. the LSS: and such limits rt.sy well specify many of the areas that will be Comimssion is not ruiina out further I

provide the type of attemative souabt by cutside the scope of the hearing. After t.hanges to its rules of precuce,includma i

Comm:ssioner Roberts. Limitation of the this ruiemaking is Imalized the further changes to the rules contamed in topical ruidelines to the Yucca Commission could amend the topical the negot sted rulemaking.

i Mountam site was also recommended guidelines accordmgly. Unbl these The industry comments on the j

t y another mdustry commenter. This issues are tesolved. the identification proposed rate contamed several commenter also recommended that the and loading of selected catesones of additional recominendations in this secpe of documents should be further documents could be postponed, in area. These same recommendations l

hmited to the documents supportmg a effect, pnority would be given to the were also included in a rnemorandum heente appbcauon.

identification and loading of documents that the industry onginally presented to

}

The topical guidelines were partially direct!v reles ont to the Yucca Mountain the negotiating committee on the LSS i

modeled after the Environmental site. DOE contractor reports, or rule.Many of these recommendations Anessments prepared in connection documents generated af ter DOE besan were addressed by the negouatma with the DOE site selection process. The ir.vestigations at Yucca Mountain. The committee snd incorporated into the 1

pical guidelines are necessanly broad. Supplementary Jrtformation to the proposed LSS rule, although not always ref!cetine a concern by several proposed LSS nile stated that the LSS in the exact form proposed by the participants on the negotionne Adusory Review Panel may develop industry. The revisions to the ru:e6 of committee that cocuments related to recommendations to the Commission on practice proposed in the industry potennallicensmg issues not be whether particular catepones of comments on the LSS rule are those i

escluded from the LSS unut the docurnentary matenal (e p., those limited revisions that were not fully adooted by Comrmuion determmed what would be by date or subject) should still be the negouattng committee. The industry the permissible scope of substacuve included within the topical guidelines.

recommerdauons are as follown-licensmg issues. As noted by the The NRC LSS Internal Steennt

• Establish a new threshold for Commission in the Supplementary Committee will develop a list of 1

Information to the proposed rule, the priorities, es well as potenual contentions. Accordmg to the industry

(

topical guidelines will not be used for amendments to the topical guidelines in "NRC adjudicatory decisions have allowed the admission of conten'icas the purpose of determming the scope of preparauon for discussion with the other with no foundation and no semblance of cententions that can be offered in the affected parucipants,

!!LW proceeding under i 2.1014.

Ora a final point, the Commission factual svpport." Accordmply, the indostry recommends that the NPC Participants on tre negotiating disagrecs wn:h the commenter that require that a party demonstrate that committee fully agreed with this recemmended limitit.g *.he data base to there is s renuine and substantial!stue statement. As noted. their concern was only clocateents supportme the license of disputed fact ractunnt a henrms for lo ensure that documents on potentic/

application. This would ettminate many its resolvtlen. This assue received licensme issues were not pnmorvrely of the documenta available through the extensive considerauon by the

excluded, eustmp d.scovery process, thereby l

The Cn;nmisstim is sympathetic to the depnving parties of documents that they negotiating committee.Many of the i

need for escluding matenal that is not would normally have access to under scree that the industry position reflected participants on the committee did not reievant to the beensmg of thelikely the Commission's current rules. More NRC practice since ll180. rior did they candidate site for the repository, important. It would deny DOE and the believe that a bipher standard for i

I Inasmuch as the existmg scope of the NRC staticomparable electroruc access contentsons was necessary to exclude i

topical guidelines Imany of which ore to the espected numerous technical

" frivolous issues." part cularly in light of I

specifically limited to the Yucca documents prepared by Nevada's the early availabihty of informetion Mountain sitel was developed as part of contractors on which the state will base through the LSS. I'urthermore. althoush the consensus process on, the enttre its case.

the fmal LSS rule does not include the rulemnitns. the staff believes that a Non LSSProvisions. In addition to the standard proposed by the industry, the reduenon in scope should be discussed pronsions in the proposed rule that final rule does requtre that the peution I

by the negotiating committee or its concerned the development and for intervention include a party's succepor. The Topical Guidelines are implementation of the LSS the final rule contentions, which must refer with not cast m stone.They are to be set also contains several revisions to the particularity to the specific documentary forth as a Regulatory Guide developed rules of practice that are not directly material or absence thereof that by the NRC staff.rather than as part of related to the LSS. but which should provides the basis for the contention.

t the terulations themselves, and thus are also provide for a more stresmiined to tee accurced lesser status and legal licenstng process than the current

.nd the specific reculatory or statutory requtrement to which the contention is l

cffect. The Topical Guidelines set forth licensms procedures. llowever, the

. relevant.This provides a basis on which later in this Supplementary Informatinn Commission is committed to do to reject clearly frivolous'bontentions, are intenm guidelines to be used unni a everything it can to streamhne its Moreover, contentions which rely on more precise set is issued in an NRC licensing process and at the sarne tune incorrect facts can be tested through R:Fulatory Guide. In either case, the conduct a thorough safety review of the existing summary dispostion procedures

)

Commission would cFain emphastre Department of Energy's application to at the outset of the heanng.

1 i

1

Tederal Re, sister / V:1. 54. No. 71 / Trid _y, A;rtl 14. 1989 / Rules cnd Rerulati:ns t r31 As part ofits efforts on regulatory days after the issuance o!the NRC Staff The Commission does not agree that reform, the Corr. mission issued a Safety Evaluation Report (SER) must discretionary mtervention "does not proposed rule on July 3.1966, that would include. in addition to the usual factors serve the public interest" or amend certain provisions of its rules of for late. filed contenuor's, a showing that " complicates pre. hearing procedures,"

practice,61 TR 24365. The draft final the contention involves a sirruficant and recommends agamst removmq such rule on regulatory reform addresses safety or environmentalissue or raises a discretion from the licensms boards.

standards for the admission of materialissue relatt d to the The Commission's licensing boards do contentions, the eiuninstion of performance evaluation anticip6ted by follow judicial standards for unnecessary amosery against the NRC to CFR 60.112 or 60.113, intervention. However, the Commission t

staff, the use of cross examinntion

+ Discovery. Citing as an example the does allow discretionary intervention plans, and the tu:unt of motions for local rules of only one federal district under certain ritcumstances, and has summary disposioon. Section 2.1000 of court (out of 1011 the industry proposed established specific factors to guide a i

i the LSS rule cross. references any that limitations be placed on the number licensing board's determination on sections of general applicability in of depositions and the time period whether discretionary intervention t

subpart G of part 2 that will contmus to during which those depositions may be should be permitted. Fon/ond General apply to the HLW licensing proceeding.

taken. Section 2.1018 of the final rule.

Electric Co. (pebble Springs Nuclear As such. all but one of the provisions in and the model schedule in the Plant. Units 1 and 2), CLI-76-27,4 NRC the dralt final regulatory reform rule Supplementary information of the fmal 610, ele (1976). Since Pebble Springs, (Section 2.714. which requires rule already limit deposition discove*y discretionary intervention has been contentions to show that a genuine to approximately 21. months. The Board authorised only four times, and in one of

{

dispute exists on en issue of law, fact, or is also authorized by the rules to prevent those instances, the grant of intervention r

policy). if adopted, will automatically abuse of the discovery process. Furti.er was later vacated as ruoot. lt is also apply to the HLW proceeding. The LSS restrictions on deposition discovery worth noting that. because the industry's rule contains a new provision on were given entsnsive consideration interest in the HLW proceedingis contentions. Section 2.1014. and during the negotiation. The magnitude of economic,it may not satisfy the consequently Section 2.714 would no this proceeding and the need for Commission's traditional, judicial test longet apply to the HLW proceeding.

meanmgful public review of health and for standing and thus might well have to The Commission Intends to furthrt safety issues, however, make arbitrary rely on the Pebble Springs doctrine to t

evaluate the need to extend the limits on depositions, imposed by rule, participate in the proceeding.

" genuine issue of fact" standard to the inappropriate and unwarranted.

• Affirmative case on contentions.

HLW proceedmg siter its review of this The industry also states that the The industry recommends that the provision in the draft final regulatory informal discovery provisions contained Commission require that a party reform rule.

in i 2.1018(a)(1) of the final rule will sponsoring a contention present an

• Late contenuons.Theindustry enable a party to "deluce DOE with affirmative evidentiary case for that l

comments state that current NRC informal requests for information not contention. Under NRC case law, an i

practice is " overly liberal in admitting available in the LSS." The informal interrenor does have the burden of contentions filed after the period for discovery procedures represent a toing forward, but may da so by either initial definition of contentions." The method to allow parties to the hearina to direct evidence or by cross. examination, industry recommends that a new obtein the type ofinformation normally as to the issues raised by the i

standard be established which wovid Fathered through interrogstories (names irstervenor's contentions.Philadelphio require an evidentiary snowing that:(1) of witnesses, nature of testimony, etc.)

E/ccrric Co. (Limerick Generating There is significant new information through a less enerous and less time.

Station. Units 1 and 21 ALAB-262,1 which would recuire a modification in consuming method than the use of NRC 163.191 (1975).The Commission i

f acility designiconstruction to protect wntten interrcgatones. As such. It will believes that this more substantive the public health and safety; and (21 be confinsd to a carrowet band of proposal, w hich is beyond the scope of such modification would substantially infortnation than implied in the industry the instant rulemaking, warrants further enhance such prctection by improving comment. Abuse of the informal consideration latcr. at the same time the overall safety.

discovery process can also be prevented Commission addresses the related issue 1

l The industry fails to substantiate its by the Pre. License Application Licensing of whether the threshold of contentions I

charge that the adjudicatory boards are Board or the Heanne Licensine Board should be raised.

too hberalin admitting late contentions, under i 2.1018(c) of the final rule.

• Seristim heannss,The industry

'f A review of all such decisions since 1980 However. in order to minimize the recommends that the Commission direct reveals that less than 25 percent oflate potential for abuse of the informal the licensing board to resolve contentions have been admitted. Of discovery process, i 2.1018(a)(1) has contentions on an ongoing basis and those, the great majority were based on been revised to include examples of the that internal agency appeals for these l

very special circumstances and thus type of material that will be available decisions need not await resolution of understandably admitted (e g.. new through informal discovery, the last group of issues. As noted above.

TM1. accident related regulatory

+ Intervention. According to the the proposed LSS rule already reqmrements, pnor unavailability of industry, the Commission "has allowed dramatically alters existing practice by emergency plans, discovery of its licensing boards to grant intervention requiring (rather thsn prohibiting) potentially senous safety and rwality sistus to t'arties that failed to meet appeals from certam types of assurunce problems.) Thus, the judicial standing requirements."

interlocutory orders, such as rulings on industry's prenuse is unsupported.

According to the industry this the admissibility and amendment of Noutheless, the negotiating committee

" discretionary intervention" tends to contentions and motions for summary deliberations on this issue resulted en

" add additionalparties to the disposition, to be filed within ten days new standards for certain types of late proceeding, does not serve the public (rather than at the conclusion of the contentions. Any petitions to amend or interest, complicates pre heanna proceeding). See i 2.1015. Further, under add contentions made more than forty procedures, and should be removed."

long established agency precedent.

14332 Tederal Resister / Vcl. 54. N3. 71 / Triday. Apnl 14. 1989 / Rul:s cnd Rerulations i

rulings disposms of a maior segment of the parues. We do not las every aspect of

+ Identthcation and pnontlantion of i

a case are immediately appealable.

the draft mit but we cenemly unotretend the ISS design and development issues Nrpoteter Comirustee A'enew. The the rule and its dem st on infinitely bett*r State of Neveca. the National Congress then we would f.ed we not been at,le to that need to be addrened with DOE:

of Amencan Indians, and 1.incoln panicipate so thoroughly in its initial e identification and priontisation of the issues that need to be addressed for

?

I County, Nevoca submitted wntten

(*e 3$ d Eb'y'p'$'te jb'e implementauon of the ISS within the comments on the public comment letters. The State of Nevada supports riego.ietions to secommodate the positions of NRC. Including a ciehnwsuon of the role the 1.SS rule as proposed. Accordmg to ne nuclur mdustry. We would not have of the ISS Administrator vie.a.vis the the State. "(tlhe rule is the product of a dou o in ery case il we had known that 0.e Steerms Committee and the affected very successful negotiadon process.

indutry ulurately wm.id not yield to NRC Offices:

dunng which all major interesta, except eccommodate the 12 t.oncept es a whole.

• Preparation of a draft Memorandum no nme considereuons which ied the the utilities. engaged in significant Cemnunion to undenske this rulemabag by of Understanding between NRC and compromises. The give and take resulted nesc.uation-that the resulte of more DOE that would delmeets the in a proposed electronic discovery and thorough parucipouon would yield a better responsibilities of the respective motions practice system which will and ore accepteble draft rule-should aIencies in regard to the LS$:

enhance the parties' ability to fully similarly lead the Comuuasion to react the

• Preparation of a draft charter for the inform the beanns panel, and thus the nuclear industrys posmon in promulgating 1.SS Advisory Committee:

Comtrusalon. on the ddlicult issuta th'I8nel mio The propond erstem a

• A schedule for templementation of involved in licensing a repository. It will adauttedly elaborate and costly, but it the plan:

therefore assist in meeting the y'*$'[,'ll,I','

• Proposed amendments to the topical Commission's ultimate health and safety n

g gul 8 11nea.

rnponsibility." Turthermore, the State is information requued for repository hoenoms 8

conymced that the proposed rule will and more meanmgM perucipouon to th6e The Commission would emphasize i

provide a greater ponibility that the important govemment procou. no that. in order to accomplish the ISS Comnunion should not be oorly reluctant to objectives. DOE rnust have the ISS Commission can meet its congressional engeg, m a bit of trdormation ete pioneenng, operational as far m advance of the t:me goals, or at least reduce the ume es tha is unqunuoubly the duecuon in submission of the bcense application as which would be necessary to reach a which information manegement m complex feasible. The Comminion is somewhat construction authorization decision than Foremment regulation and litigation is going.

concerne.1 over the DOE statement in its by usmg either traditional hard-copy The costs are not out of hoe reietsve to discovery, or the industry's proposed overeu program costs.

comment on the proposed rule that-microfiche based s stem.The State also 1.incoln County, one of '.he membere of 4

emphastred thatit ad ' agreed to the Nevada local government coalition of the Licensms Support System ' ' ' is no 1

relmquish tradJtional hard copy discovery nghts, and in return received on the negotiating committee noted longer a reeksuc date. Bned on the findmpo l

of the prehminary design effort to date and t

that-what we are confidentis a vehicle on the but aveilabh esmatn of an which will allow for a more enhanced nuttuun appear to be requnting enticipated schedule of procurement for use of discovery, and thus a more rulemaking and other administrative rehef to e{ stem hardwere and sofrwere components.

, ements of the system mil be evallable in effective means of participatingin the f[,P

,,' hen nd (fecu e p ruc e ng I' "

'h ***Ph'"*ve carabihties licensmg process. and anisting the p

nghts of potentisuy affected parues. Tbe now estim' "eted to be available in early 1993.

l Commission in fulfl!11ng it(s) ultimuto NWPA provision ceuing for a three. year Th6 Cornmission reahten that the i

responsibility; thet is, a construction licenstrq pened was enough of a time l

authonsation decision based on a full concenion for *.he wuhtiu. Any further sr.hodule for subnussion of the DOE and complete string of all of the concessions for the sake of expediency mey license a plicadon may also be delayed romplex and novel technicalissues cause harm to thi t.alarice of al'fectect parties, beyond t e lie date now anticipated by DOE. llowever, unul such a rchedule i

The NationalCongress of American Coonhtioten. On January 11.1989. the adjustment is an actuahty. DOE. with Indians contmues to support the ISS.

Commission voted to establish an the assistance of NRC and the other b cause the benefits to be derived-Independent Office of the ISS affected parties. must make their best primanly in the form of improved access Admirustrator reportmg to the efforts to see that the ISS is operational to program informauon-mil greatly Commission for policy direction, and to as soon as practicable before the license facilitate effective participation in the the Cheltman for day.to-day application is submitted. la this regard, program on the part of Indian tribes and management supervision. In sodition.

DOE, NRC, and other parties subject to other potential intervenors. The cost of the Comnussion renamed the current the rule must now begm preparation for the system, while high, is lustified by the NRC ISS Negotiating Team as the NRC compliance with the document benefits and is an insignificant fraction ISS Internal Steenna Committee submission requirements in i 2.2003.

of overall nuclear waste program costs.

&cuve immediately.The Steering Furthermore, the ISS Administrator's Committee is to serve as the focal point evaluation of DOE compliance, pursuant Ir ehy a d t R Staff within the Commission to identify.

to i 2.1003(h) 2), begms six months after rt that the ISS mil significantly shorten develop. and coordinate internal his or her app (omtment, the time required to license a repository.

,"$. E,#0C 8 ","

Additional Ynews of Conunwelomet Curtin 0

4 3h hreermeire NCAl-p7 re:mrmed its commendation of the order to carry out these responsibilities, l'or a number of reasons, d2scussed in rnore Commission for underteLing this rutemoking and to prepare for coordination with deten below. I have sirruficent reservations d*#' P DOE on the desi " and development of

' ' ' "' E".tSS" porbon of[t is rule, wherets by neronation and for including NCAI to 8

called "non represent nationallndien intereste in that the ISS. the Steenne Committee has nerotiation. ne result of the lengthy begun the preparation of a diait ISS the Nepounting Comaunce has recommended extensiv, change, to our part a procedures.

nerobation process necessanly represents a implementation plan. The plan will u then procedurn wiu apply to the gnat deelof compromae on the part of ou address the followmg-Department of Energy e opphcauon for a

Federal Resister / Vtl. 54. No. 71 / Friday. Apnl it.193 / Rules and Regulati:ns lotta i

construction authonution for the high-level from the Negotionne Committee about the documents in ths proceeding. Generally, weste repoonory.

Purpo6e and intent of the rule that has been the prooodures in the new Subpart take 1

T. ret ti dooo not appear to me that the proposed for our consideration. We are ill*

ongmel charte to the inesotietme Committee served by the Nepotietme Conanuttee's precedence over the provt6 ions of I

ennaiorico that the Committee wou4d trie bihty or unwohnenese to respond to peneral applicability in 10 CFR Subpart codress in 6 wide renting marinct, u.e so-reasonable questions about the toesntog and G However. 2.1000 cro66 relerences l

acY 6ections of eneralapplicabili in called Part 3 proceourni pronsions tr.at will purpose of key provisions an this rule.8 8

yovern the high level wesie proceeoing.

Tourts and smally, there er, e number of Subpart G that wdl continue to app to except to the extent that changes m these procedural changes that 30 beyond. or the HLWlicensing proceeding.He nel promions proved to be necessary for the involve thenpes m. what the Neronaung rule applies only to the HLW pspose of implement $e the Licensina Committee bee proposed that warrent proceeding, and does not apply to support Sptem (LSSL The sole before us cormderatir'n (see pp.. idemorendum from licenstng proceedings for at.y other type includes e number of provisions that are Christme N. Kohl to William C. perler, t.ecenery to implement the L5S. but it also January 1s.190p. SECY-4Iho21 of facility or activity licented by the incluoes a cumber ol"non4AS" pron 6 ions

• Considereuse of Revisions to the Commis61on. De rule will be applicable to all arties to the HLWlicensing that are urtreleted to the L$5 and that, to my Comtrussion's Rules of Procuce m Order to P

Judament. 30 far beyond the scope of the Furthat Streamhne the Hidb44 vel Wute proceeriing regardless of wnether s commuttee a cherve.

Licensing process". lenuary so, tesel.1 em particular party was a member of the Second. we have not had a sulliclent pleased that then additional changes will be negotiating committee.

opportunity to reflect upon the "non.LSS" countna to the Commisoton abortly for our procedural chenees that have been considereuen and I hope that we con snove Section 2.2001 Definitions l

proposed-to ensure that the procedur,e are forwarti expeditiously with our ochberanone Section 110016ete forth the clear and ambievous and to root.h a decision on thou additional thonges. But it seems to es to whether, se a metier of pohcy, the me that it would be far preferable to make definitions of terms used throughout i

approat.h reflected in the proposed these chanpes all et one time and in a sinale Subpart j.These defardtions will be j

proceoutes should be endorsen. Afy own pc.kape, where we can cormder the pohcy di$ culled with the relevant Sections of new is that there is considerable amturvity, matters related to our IE.W procedures in a the final rule, reflected in part by *he opptent lack of comprehensive and coordinated way, rather gecgjong,fogg gjg y,y,/ w ept, consensus on key issues that emereed in the than through the bifurcated approach that we Tebruary 7,1989 Commission rneeung. about are now tekma.

Lipharng Suppon System the meaning of certata tmponent premions.

For the foregoing reasons. I would Section 2.1002 delenbes the purpose Third, my concerns in this regard have d4spprove the "non-LSS" provaione of the been heightened by the responses that we rule f aecuone LtD16-Eto23. 2314. 2J22. 8J43.

and scope of the LSS. The LSS is recently recened from the Negotistag and 2.r64 as well as the topical guidthnes intended to rovide full text 6earch Commiitte members to the questions that I and the snodel tunthnel. I would approve apabd' W 0. or easy acusa 2. the C. documentary material of DOF.NRC.

posed on February 24.19se. In short, with the thoto provisions of the rule that are directly o scepuon of the industry Cothrion. the related to implements tion of the LSS (21000 other parties to the LHWlicenstag Negotiatmg Committee membere and the lead 2.1013).

proceedir.g: governmant entitles e onvenor and facilitator heve individuellY dschned to triewet the questiorse. suageetma, The Final Rule participating in the HLW proceeding as that inquince about the purpose and mient et intere6ted governmental participanta" this rule Domehow tthreeten the integrity of he f nel rule odds a new SubpartI to under 10 CFR 2J15[c): persons who 10 CFR Part 2 sethng forth the quahly as " potential partaes" under

!b e procedures that govern the i 2.100% and their contractors ("parues."

i eowee con ns achieved.

Comnusston's HtW licensing "intere:ted governmental purticipanta.

I in posma these quespons. it wee not era proceedirtg. titcluding the use of the LSS arid " potential parues " will be

}

sr, tent to plow new t'ennd or raise new Mr the submission and rrt'tagerrent of co!!entively refernd to beremalter as issues that so beyond the topics that s*s documents in the per eedine. The final "LSS participants") LSS participants addressed in the proposed rule recommended tule apphes only to the HLW must ensure that their contractors.

I Lt the Nerouatme Cernmee a SECY-89*

c. indeed. La every metence, the questione Droceedine, and does not apply to consultantt grantees, or other egents, limnns involvmg srty other type of comply wit's the appbceble 5 D",'*u h' $ N tb" ov'aibns*'

faclitty er activity licensed by the requirements of Subpart J.

i contemed within the fcur cornen of this Comrrussion. The rule will be applicable for the purposes of the information rulemeAent rocAote ena involve matters to all parties to the HLW licensing that willin the LSS. " documentary thet. m my judgment. need to be clanhed il proceeding regardless of whether a matenal" means any matenal or other out obrective here is to have e rational well.

particular party was a member of the information generated by or in the understood set of procedures to potem the negotiating committee. No substantive possession of an LSS participant that is high.ievel weste odiodicatory proceedmg. If changes have been made to the rule as relevant to, or likely to lesd to the thne mattere were cascussed and addressed by the Negohahng Committee-end a proPoted.

discovery of information that is relevant 1

th hkel did bodr unre no f at per t n.

simple reference to the tent of the rule or to

%e fmal rule establishes a new s te or a e I gic reposito e

identification of material that is within the mmutes of the negoueuons would suffice.

Subpart l in 10 CFR Part 2 setting forth the universe of " relevant to. or hkely to On the other hand if these mettere did not the procedures that govern the lead to the discovery of information that recerve the attention of the Negotiating Commission's HLW licensing is relevant in, the licensing of the hkely Cornmittee-.or e consensus doce not eust-proceedine. tricludina the use of the LSS un in my p.!gment Nt should swe us lot the suomassion and management of candidate site for a scolocic repository" will be determmed by the topical pause about proc 3 ding with chenpes that are I

not clearly understood. t!we have er hope guidelines set forth in this

' tndeed the ponruon iden t.y se Nerotratms Supplementary Informstioen. In

,ME,'*p Nn nioy determming which documents must be te h leve te eed as I th ws should clear up these ambieuttats now.

Whether a consensus was achieved or not, leeds me to cueouan the wisdorn of relyme en e.

placed in the LSS by a LSS participant.

netousted rulemums process for future rWemums the document must fall within the we ore nevertheless enutled to e response truushn ee.

definition of " documentary matenal" In t

pg38 Federal Register / W1. 54. Nr. 71/ T'rlday Apnl 14, 1989 / Ris and R:aulations

( 2.1001,14 it must be televant to, or an ASCII file, a bibliographic header.

The requirement applies regardless of l.keh to lead to information that is and an tmose for all documents whether any fmal document ult'mately resevent to, the hcensing of the liksly generated by the LSS participant or its emerges from the LSS participant's o ndidate for a geologic repository, contractor after the L.SS parucipant decision. making procesa. A

.5erefore, a document must not only fall gains access to the LES pursuant to determmation not to issue a fmal i

mthin the topical guidelines. but also either i 1.1008 or i 2.1014. Submission of document. or allowing a substanual

) es e a nexus to a geolo;;ic repository. lt these documents must be made period of time to elapse with no action l

y u Cso the Commissiorre intent to issue reasonably contemporaneous with their being taken to issue a final document.

thet.e topical guidelines as an NRC creauen. I or documents generated or shall be deemed to be the completion of l

Regulatory Guide.no topical ruidelines acquired before the LSS participant the decision. making process.lf a set forth later in this supplementary gains access to the ISS, the LSS decision is made not to finalise a information are intertm guidelines to be participant need only submit a header document to which there has been en used until a more precise set is issued in and an image for each document. ne objection. the draft of that document i

an NRC regulatory guide. The LSS Administrator will be responsible must be entered into the LSS after the Commission expects all LSS participants for entering these documents into the decision. making process on the to make a good faith effort to ident fy ISS in searchable full text. DOE and document has been completed. i.e., the i

tr.e documentary material within the NRC. the generators of the largest requirements of l 2.1003 do not regnre a i

scope of i 2.2003, However, a rule of volumes of documentary matenal, will ISS participant to submit a enculated reason must be apphed to en LSS be responsible for submitting to the LSS draft to the LSS while the intomal l

participant's obhgauon to identify all Administrator ASCII files, bibliographic decision making process is ongoing. In documentary matenal withm the scope headets and imeses of documents addition, under i 2.1006(c) circulated of the topical truidelines, for example, within the scope of the topical drafts tha t are subject to withholding i

j DOE will not be expected to make an guidelines.The format cnteria for the under a pnytlege or exception other than e Ahnustive search of its archival matenal that concenable might be submission and acceptance of ASCII.

the deliberative process pnvilege (e g images, and headers will be initially attorney work product), are not required within the topical guidelines but has not established by DOE in concert with the to be submitted for entry in searchable been reviewed or consulted in any way LSS Advisory Committee established full text to the LSS under i 2.1003.

in connection with DOE's work on its

[ursutnt to proposed i 2.1011(e)(2), toe later supplemented as necessa metens is to bein the LSSin As a entral rule, all documentary license application. it is also anticipated that the LSS Advisory Review Panel establ!shed pursuant to ( 2.1011(el, in the LSS Administrator in concert with searchable full text. However, the rule evaluating the implementation of the the LSS Advisory Review Panel.

provides for exceptions to this general The submission requirements of rule. Section 2.1003(c) addresses co'r r

ions the ommission on i 2.1003 generally epply only to final graphic onented documentary material whether particular catesones of documents. e 3 a document bearing the that is not appropriate for entry into the Slgnatute of an ernployee of an LSS IJcensing Gup ort System in searchable documentary matenal (ed those limited participant or iis contractors. However, full text. Grap ic-oriented documentary i

by date or subject)shoul beincluded within the to ical g udelines.

paragraphs is and (b) of I 2.1003 also materialis material that is printed.

1 Although t e topical guidelines will requae the su mission uPcirculated ecripted. h andwritten, or otherwise guide the selection of relevant grafts for entryinto the LSS. A displa)ed in hard copy form. and is information for entry into the LSS, they circulated draft" means a nonfinal capable of betr4 captvra:1in electronic i

will not be used for the purpose of document circulated for supervisory trasee by a digital scarming device.

determining the scope of contentions encunence of signature and in which Graphic.onented materialincludes raw that can be offered in the Hl.W the original author or others in the da ta, coreputer runs, computer programe proceeding under proposed i 2.1014. The emeunmee process have non, and codes, field notes. laboratory notes.

Scope of contentions will be toverned concurred. The intent of this exception maps, and photographs which have been j

by the Commission's authonty under to the pencral rule or fmal documents to printed, senpted handwntten or relevant statutes and terulations.

to capture those documents to which otherwise displayed in any hard copy l

Section 2.1002(d) specifies that there has been an unresolved objection inrm and which. while capable of being by the aut or or other person in the captured in electronic image by a digital h

Subpart lls not intented to affect any independent nght of a pot;ntial party, internal nf nagement review process scanning device. may be captured and interested governmental participant, or (the concurrence process) of an LSS submitted to the LSS Administrator in party to receive information or participant or its contractor. In effect, any form ofimage, along with a documents.These mdependent rights the Commission and other government bibliographic header. Section 1.1003(c) consists of statutory rights under such agencies who are LSS participants are also addresses documentary metenal statutes as the l'reedom ofInformation waiving their deliberstave process that is not suitable for entry into the Act (FOlA), or the Nuclear Waste Policy privilege for these circulated drafts. The Licensing Support System in either i

Act. as amended. or rights derived froin objection or non concurrence must be image or searchable full text. Such prant requirements such as those unresolved. Any draft documents to matenal shallbe described in the between DOE and the State of Nevada, which such a formal. unresolved Licensing Support System by a

+

Section 2.M03 Submissics ofMorenal objection exista must be submitted for sufficiently descnptive bibliographic 308 M S entry into the LSS. Althoueh many of the header. TS tirneirame for entry of LSS participants or their contractors do graphic-onented material or matenal Section 2.1003 sets forth the not have the same type of concurrence that is not suitable for entry in either requirements for the submission of process as DOE and NRC. the image or searchable fell text. will be documentary material by LSS Commission expects all LSS participante established pursuant to the access participants to the LSS Administrator to make a good faith effort to apply the protocols in i 2.1011(d)(10). In addition.

for entry into the LSS. LSS parucipants.

intent of this provision to their submission of images will be determmed excludmg DOE and NRC. must submit document approval process.

by the protocols on digitizing equipment i

1 r

k f

,n-

d Federal Repstee / Vol. 54. No. 71 / I'r day. April 14. 1989 / Rules cnd Rertila"ons 24935

.n:abbshed by the LSS Advisory Review meet the three year NWPA timeframe subsequently added to the database panel. tiowever. in any case, this type of fora decieron on the isecance of a must be updated, occumentary matenal must be entered ccnstruccon authonsstion. in the event

• Where the ability to annotate a e.to the LSS after t!:* pnneical of a contested adjudicatory proceedmg.

document record to show later use(s) as

3. est cator decides that the data are in Although DOE may ultimt.tely come mto,xhibits to depositions and testimony 6 use ble form. including the completwn compliance mth the provisions of may be required at a later time, c! quehty assurance procedures. The Subpart I at some pomt af ter the license Section 2.1004(e) requires that any acess protocol should ensure that any oppbcatmn has been docketed under clocument that has been incorrectly cellection or" package"of documentary f4tspart G the Commission may still not excJuded from the LSS must be

.stenal, as the term is used in be able to certify tha1 the statutory submitted to the LSS Administrator for l 2.10331c)(3), which relates to a study.

timeframe mil be met. Ifowever, entry within two days of its enould be submitted reasonably 12.1003(h)(3)(ii) does authonte the identification by the LSS particig ant crintemporaneous eth the completion of Commission to specify the extent to who is responsible for the submission of such a packsge." including any quality which Subpart l will apply if DOE later the document.

t.ssurance that may be required.

comes into compliance. The Commission timistic that the effecuve Section 2.2005 Exclusions Section 2.1005 sets forth categones of is o{ementaHon of the rule pmposed in imp Section 11005 establishes several documents that are to be completely escluded frorn the LES. and i 2.1006 sets this notice will allow.he Commission to catesones of documents that do not forth the estecones of documents that meet the ect.idule set forth in section have to be entered into the LSS, either raay be withheld from entry into the LSS 114(d) of the NWPA.

under the requirements of 6 2.2003 or on the basis of a pnvilege or esception.

Sectica 2.JON Amendments and under the derivative discovery The detmla of these provisions mil be Ad&tions requirments of I 2.1019. These 0"scussed below.

nie section provides for the addition exclusions include documents typically To ensure that pregess is made in to and amendirent of. records referred to as official notice material; dcymng. develomnp and loadmg the reference books and text books:

1.55, t 2.1003th) provides for evaluations submitted by the LSS participants. ne of DOE ccmphance mth the sabmitter has sixty days to venfy administrative materials such as general whether a document has been entered d;stnbution cover memoranda, budget.

requirements of I 2.1003 at six month mtstvals. The DOE license applicauen correctly to the pre-license application hnance, personnel, and procurement phase, and five days to vertfy corteet mettnals: press eLppings and press cannot be docketed under Subpstt 1

,q, after the license appplication has releases: lunk mail: and classtfled taus losmg the benefits of Subpart I.

been submitted. Any ereors in entry material. The scope of work on a i

uitless the LSS Administrator cernfies at and f've day procurement related to repository siting.

discovered during the sixtby the l

least six months before the license t

penods may be corrected construction, or operation. or the applicanon is submitted that DOE is in submitter. After the time period for transportation of spent nuclear fuel or s ubstantial compliance mth the venfication has run. any errors may not high level waste is not within the scope provisions of the Subpart. Although be corrected by revining the onginal of these exclusions.

l' j

( 2.1003(h)(1) require: the certification document.Rather the submitter must sectionp. gong pcivj/cge cecision six months before submission submit a corrected version to the LSS of the DOE license applicatiorn, the Administrator, with a separate The submission of documents to the Commission antiefpates that the LSS bibliographic heeder. Both the LSS is subject to the traditional pertmtpants will have access to the LSS bbhog*aphic header for the revised pnvileges from discovery recegnised in well before the license application is decument and the onginal document NRC adNdicatory proceedings, as well submitted. The LSS Admmistrators must note that two versions of the as all the excepuons from disclosure decision on DOE compliarice may be document are it, the LSS.

centained in to CFR 2J90 of the i

icviewet by the Pre License Apphcatori Secuor.1.1004 also addresses the Commission's regulations. These Licensma Board estab!ished pursuant to issue of updates of docttments that are pnvdeges and excepuons includ 3 the i 2.1010. if the Board receives a properly already in the LSS Updated psges must attorney client privilege, the attomey ided pettuon. Under ( 2.1003 (a)(2) and be submitted to the LSS Admmistrator work prodret privilege, the Ibn:1. LSS participants are required to for entry as a separate document mth a government's deliberative process sobrnit any documentary matenal separate bibliographic header. The exemption protection for pnvileged or unerated or acquired before the LSS bibliographic header of the enginal conhdential commercial or financial participant to given access to the ISS document rnust specify that an update is information and the protection of

(" backlog"), no later than six months available. All the pages in a perucular saferverds information. The Pre-License bel:re the license applicatien for the update will be entered as a single Application Licensing Board, pursuant repository is submitted. llowever, the

document, to i 2.1010(b). will rule on any claims of Commission encouropes ISS Section 2.1004 ad<1resses amendments withholding based on these privileges or participants to submit this material for and additions to the documentary exceptions. As in any NRC adludicatory entry as soon as possible after they have materialin the LSS.This section does proceeding, the Board may rule that the been given access to the LSS.

not preclude the LSS Administrator from release of privileged or excepted in the es ent that the LSS making revisions to headers necessary materialis necessary to a proper

\\dministrator cannot certify DOE to memtain and enhance the wfulness decision in the proceeding. or may order cornpbance mth Subpart ). DOE may of the header information. Such the disclosure of a document under a either postpone the filing of the revisions would include the following--

protective order. Section 2.100tKa) a pplication until compliance in certified.

• Updating assi med subject index extends the delibersiive paocess t

or ccn ide the license application for terms as the thesaurus is enhanced and privilege normally available to federal docketing under 10 CFR Part L Sobpart expanded-government agencies to state and local G. In the latter event, the Commission

• Where a fielo containing pointers to govemments and Indian Tribes.

would note that it mil be unhkely to cross-eeference related documents Safeguards information is to be

1433s Federal Redster / V..l. 54. No. 71 / Friday. April

14. 1939 / Rul:s cnd R:srulations protected under the provisions of to I

CFR y3.21. Subpart I of to CFR Part 2 access to the LSS. LSS participants will 1

i will govem the protection and be able to file en electroruc request for 2.*18. Although 6 2.1014fc)(4)of the i

disclosure of any Restncted Data and paper copies of LSS documents from proposed rule provided that the Heannt i

?

National Sec mry Information dunns the thett individual computer facilities, and ucenoms Board would consider pre.

proceedmg.The existence of any also will be able to (de en electronic license opplication access to the LSS as i

matenal of this type should be identified request for a fee waiver when one factor in ruling on petitions for i

to the Ucensme Board and the parties requestma paper copies of documents in intervention this provision has been pursuant to 10 CFR E907 and is not the LSS. This waiver is currently deleted. Under i11014(cl. the Board available to qualified persons or groups must still consider the nature of the subject to the rec uirements of I 2.1003, seeking a fee waiver for copies of NRC Energy Act the natatte and extent of the i

[

petitioner's right under the Atomic Accoremely, no e;,eaders need be i

documents who submit a wntten request l

1 submitted for Subpart I information.

to the Commission under the petitioner's property, financial, or other t

Section A1007 Access Commission's Freedoin ofInformation Interest in the proceedmg: and the Section 2.1007 establishes the Act (FOlA) regulations in 10 CFR Part 9.

possible effect of any order that may be i

provisions for <iccess to the LSS by the The entcna in 10 CFR 9.39 would be entered in the proceeding on the i

public and by LSS panicipants. In terms used to de%%ne if the requestor petitioner's interest.Therefore the of pubhc access, the NRC and DOE will should be granted a fee waiver. Section Commission did not believe that pre-

[

provide public access terminals at their 11007(c)(4) would authorite the license application access would have r

respective Public Document Rooms at Commission to grant a genenc fee any mesmnsful effect on the Board's

}

headquarters in Washington, DC at waivet to a qualifying LSS participant determination on intervention peutions, after the initial re it should be emphasised that a j

I NRC reg.onal offices, and at sarious has been made, quest for a fee wolver petitioner must also satisfy i11014(a)(2) locations in the vicinity of the likely l

candidate site for the repository. In the Decuments in the LSS will not be in regard to an admissible contention in pre license application phase. access to considered NRC agency records solely order to participate in the proceeding.

1 the LSS through these public access by virtue of the NRC being the LSS An LSS participant's access to the LSS terminals will consist of full text search Administrat +.However, any of those obligates it to comply with the l

capability of the full headers for documents that were generated by or regulations m Subpart 1. inciuding l

documents in the LSS. The NRC and submitts,d to the NRC as part of the compliance with allorders of the Pre-i DOE Public Document Rooms will NRC's licensing responsibility for the License Application Ucensing Board.

provide access, consistent with current repository will be NRC agency records.

Section4JM Procedures i

practice, to the paper copy or microfiche As noted above, documents considered of the documents of that agency before agency records may be requested utider Section L1009 specifies the access to the LSS is available (currently a FOIA request to the NRC. $1milerly, foll**IO""#'I*P1'*'"I*Irocedures each i

projected for january 1992). Once the DOE records mcy be requested from LSS is operational public access to the DOE under a FO!A requert and the iequirements in Subpart 1. inc.luding l

" "i th' LSS headers will be available within the records of any other gover.anental entity establishing procedures to ensure that same timeframe that the headers and that may be obligated te provide documentary mate ialis identified and t

LSS documents are available to LSS documents by virtue of a freedom of submitted for entry into the LSS. Each information statute (e~p., a State adency) LSS perticipant mus i

participants. In addition, copies of may be requested. It is anticipate that individual as the LSS point of contact, j

specific DOE or NRC documents may be the LS$public availabilit[acilitate freedo of headers for This individual must certify, at tix j

requested under the procedures of the documents will the FOIA regulations of the NRC.10 informatico requests and responses.m of month intervals, that all d.

agencies' Public Document Rocma and matenal for which the LSS participant is CFR Part 9. or DOE.10 CFR Part 1004.

SectJon2JW IWentic/Porties responsible under this subpart has been identift d and submitted to the LSS.

These regulations p ovide for a ten day Section 2.1006 establishes the t

response time to requesta.10 CFR 9.25(e) and to CFR 1004.5(d)(1), and the waiver procedures for a person becoming a Section 22020 Predicense Applicofion of copymg fees to quellfled persons.10 potential party during the pre-license Licensmg Board CFR 9.39 and 10 CFR 1004.9(a). Public spplication phase, thereby gaining Section 2.1010 establishes an NRC access to the LSS during this penod.

access to the full text of all documents Upon a petition from an interested Pre-License Application Ucsnoing Board withheld from disclosure under section person, the Pre-Ucense Application to rule on regrests for access to the LSS j

In the LSS. except for documents 2.1006, shell be provided after the notice Ucensing Board, established pursuant to during the pre license application ph of heannsis issued for the HLW i11010 willdeterminein accordance and to resolve disputes over the entry of licensing proceeding. DOE and NRC will with 81.1006(c)if the person meets the documents and the development and implementation of the LSS by DOE and ensure that adequate terminal access criteria in i 2.1006(b). These criteria the LSS Administrator The Board wdl facilities are provided at the public consist of the factors for determining document rooms.

intervention status undet i L1014(c) or be appointed six months before access Remote secess to the LSS from the criteria in 10 CFR L715 for interested to the LSS is scheduledI individual computer facilities will be governmental participation. both as available. The Board possesses the l

available to LSS participants both evaluated in reference to the topical same general power as other NFC

[

guidelines set forth below.

Ucenstna Boards possess under 10 CFR

+

ounng tne pre hcense application phase A grant of access to the LSS pursuant 2.718 ano 40 t,FR 2.7211d). In order to 1

and alter the notice of heanns has been to i 2.1006 before an application is filed gain access to the LSS dunna the pre-issued.The cost of the computer facility Joes not carry a presumption that a license applicationphase, an LSS and the telephone connect charge must Le borne by the LSS participant.

potential party wdl be admitted as a participant must agree to comply with liowever, they will not be assessed a party after en application is filed under all orders of the Pre Ucense Application central processing unit (CPU) charge for

$ 11014 or as an interested Ucensings Board, and all LSS regulations. Practice before the PALB is governmental participant under 10 CFR casentially a motions practice akin to i

4 l

I e

l

Federal Resister / Vcl. 54. N:. 71 / Friday. April 11. 1989 / Rul:s cnd Regulati:ns 14937 j

J that during the normal discovery, pre-design and development of the LSS by Section 2.2022 Compliance I

I hearma phase in a Part 60 proceeal.tg DOE must be undertaken in consultation before a licensms board. Oral -

with the LSS Administrator. After the Section 2.1012 establishes provisions presentations are not precluded, but LSS has been designed and becomes to ensure comphance with the rather wdl be left to the discretion of the operational, all redesign and requirements of Subpart l. particularly I osed (a6 is now the case) dependmg procurement by DOE must be with the the document submission requirements j

on the neture of the dispute. See, for concurrence of the LSS Administrator, of 6 2.1003. DOE may not submit the j

example, i l 2.1010 (d) and (c). 2.1015.

Section 2.1011[e) provides for the license application for docketing under and 2.1016.

establishment of an LSS Advisory.

Subpart J unless the LSS Administrator 0

Section 2.1011 1.SS Afonagement and e, red

['[yy'c'omp'll th l 1\\ 1.1 Re ew Pan ich e

,y 1

ce Act, to advise DOE on the design and addition, under i 2.1012(b)(1), no person Section 2.1011 establishes an LS3 development of the LSS, and to advise may be granted party or interested Administrator who will bS responsible ths LSS Administrator on the governmental participant status in the for managmg. operating, and implementation of the LSS.The LSS hearing if it is not in substantial,and maintainmg tne LSS. Because the LSS Administrator appoints the members of timely compliance with the requirensnts will contam in electronic form, the the Advisory Review Panel from of 8 2.2003. A person who is not in documentary mater.. constituting the members of the Ucensing Suppc-t substantial and timely compliance at the Commission's docket and official record System Advisory Committee established time specified for tne submission of for the repository licensing proceeding, pursuant to i 2.1011(e)(2) within sixty petitions to intervene or to become an and because use of the LSS will be an days after the LSS Administrator has interested governmerital participant, integral part of the Commission's been designated. The Ucensing Cupport may later come into compliance and be adjudicatory heanna on the license System Advisory Committee wdl be admitted to the hearing, assuming they application, the NRC will serve as the composed of the State of Nevada, the meet all the other requirements in LSS Admmistrator. In order to avoid any conhtlon of affected units oflocal i 2.1014 or 10 CFR 2.715(c) for conflict.of. interest problems, the LSS government in Nevada that served on admission. However, persons admitted A9.:fstrator cannot be any person or the negotiating committee. DOE. NRC, to the heanng under this provision must organintional umt that either the National Congress of A'nerican take the proceeding as they find it.The trpreserJs the U.S. Nuclear Regulatory Indians, the coalition of national Hearing Ucensing Board will not Commission staff as a party to the high-environmental groups that served on the entertain any requests from such a level waste licensmg proceeding or a negotiating committee, and other person to delay the proceeding in order part of the mana ement chain reporting members as the Commission may for that person to compensate for time to the Director o the Office of Nuclear designate pursuant to the balanced missed in the hearing. Section 2.1012(d) o miss on h a d c de to estab sh an membership requirements of FACA.

provides for the termination or inde endent Off;cv of the LSS Decause DOE is now in the process of suspension of an LSS participant,s Adm nistrator reporting to the designing the LSS the Advisory Review access rights if it is in noncompliance Comession for policy direction and to Panelis not yet available to provide with any applicable order of the Pre-the taaltman for day to.de advice and recommendations to DOE. In Ucense Application Ucensing Board or l

management supervision.T e LSS the interim period between publication the Hearing Ur.ensing Board. However, Admmistrator (like other Commission, of the finalrule and appointment of the any loss of access under this section level offices) will report to the Advisory Review Panel by the LSS does not relieve an LSS participant ofits l'

Commisalon for overall policy direction Administrator the LSS Advisory responsibilities in connection with the en all LSS matters except the Commitee will perform the functions of service of pleadings under 6 2.1013 of certification of DOE compliance the Advisory Review Panel set forth in this subpart.

requited by 6 2.1033(h)(1).The LSS I 2.1011(e).

Section 2.2013 Use ofLSS During l

Administrator will make that It is the Commission e intent that.

determination on his/her own. subject to after the commencement of the heanng.

AdjudicotoryProceading formal adjudicatory review (upon the primary focus of the Advisory Section 2.1013 establishes procedures I

request) by the Pre License Application Review Panel will be on broad. lons-for the electronic submission of Ucensine Board (i 2.1010(a)(1)) the term, technicalissues. Any immediate pleadings during the hearing or during Appeal Daard (l 2.1015(b)(1)) and, problems with the functioning of the LSS the pre-license application phase for finally, the Commission itself during the hearing will be addressed by practice before the Pre-Ucense f 12.10'i5(e)).

the LSS Administrator or the Heanng Application Licensing Board under On a related issue, with the exception Licensing Board.

I 2.1(110. for the electronic transmission I'

of the Commission in its role as LSS It is antic 8 pated that the DOE and of Board and Commission issuances and Admimstrator (see the definition of NRC will enter into a Memorandum of orders, as well as for on.line access to "LSS Administrator in 6 2.1001), the LSS Understanding (MOU). consistent with the LSS during the hearing. Under cannot reside in any computer system the requirements of the rule, on the 12.1013(a) the Gecretary of the that is controlled by any LSS design and development of the LSS.

Commission maintains the official l

participant, including its contractors.

Section 2.1011(d) sets forth the docket pursuant to the requirements of and cannot be ehvsicallylocated on the responsibilities of the LSS Administrator 10 CFR 2.702. In this renard, each premises of any LSS participant or its includmg providmg the necessary potential party, party, or mterested l

contractors, personnel, materials, and servicec for governmental participant must submit a

(

The LSS is to be designed and the operation and maintenance of the signed paper copy of each electronic l

developed by DOE consistent with the LSS, and entering the documentary adjudicatory filing to t'he Secretary.The requirements in Subpart 1.This material submitted pursuant to section staff would "nphasize that section responsibility includes all procurement 2.1003 in searchable full text as 2.1003 alse plies to the submission of of hardware and software. However, the appropriate, pleadings ing the hearing.Therefore, 1

l

\\

l 938 Tederal Resister / Vcl. 54. No. ?! / Friday. Apnl 14. 1989 / Rul:s cnd Retrul:tiins a

an ASC !! file a header, and an image of compliance with Il 60.112 or 60.113 but save substanual time during the heanns.

i the pleading must also be submitted to which in and of themselves may not The use of electronic transmussion is the LSS Adnunistrator.The fmal rule consutute a stamficant safety or addressed in i 2.1013. !! the LSS is gives the Secretary the flexibility to environmentalissue.

unavailable for more than four access establish the official docket in either Althougn i 2.1014(a)(4) places some hours of any day trist would normally be hard copy or electronic form depending added restnctions on the amendmg or counted in the computation of the time on the details of LSS dessen and the adding of contentions compared 1o 10 for filing, that day will not be counted in records mensgement requirements of CTR 2J14. the Commission beheves that the computation of time. However, this the Federal Archives. Absent good the early availability of documents cause, all exhibits tendered during the through access to the LSS will facilitate would not include penods of LSS hearms must have already been entered the preparation of timely and better unavailability due to a malfunction of into the LSS pnor to the cocunencement based contentions at the outset of the the LSS participant's equipment or to the of that portion of the heanng where the proceedmg.as ccmpared to the ~

operation of that equipment.

exhibit is to be offered.

traditional NRC liceasma proceeding 8###I88 Al### O'.'#8"##Y Section2.10H Interrention where contentions must be prepared Section 2.1013 specifies the scope and i

Section 2.1014 establishes the without the benefit of prior discovery, timing of discovery in the HLW Section 2.1014(c establishes the standards for intervenuon m the HLW standards for perm)itting intervention in Licenoms proceeding. The LSS provides proceeding. Section 2.1014 incorporates the HLW proceeding. Intervention is the document discovery in the HLW several of the provisions currently in the permitted as a matter of nght by an licensing proceeding, supplemented by to CTR 2314 general standards for affected unit of local government as the derivative discovery in i 2.1019.

intervention. Accordingly, any defined in section 2(31) of the NWPA or Dlacovery le limited to access to the provisions of i11014 that remain by any affected Indian Tribe as defined documentary material in the 13% entry unchanged from the to CFR 2J14 in to CTR Part 60 of the Comnussion's upon land for inspection and access to provisions are to be interpreted regulations. The State of Nevada. like raw data: oral depositions: requests for according to the existing pracuce.

DOC or the NRC. ls automatically a admissions: and informal requests for Section 2.1014(a) requires peutions for party to the HLW proceeding. assuming would be for the type of information information. These informal requests intervention and proposed contentions that a Nevada site is the subject of the to be filed at the same tirne, as well as DOE license application. All other nort.. ally gathered through the use of pettions to parucipate under peutions to intervene will be evaluated written intertogatones. such as the i 2515(c)--both within thirty days after according to the factors in $ 2.1014tc)(1) names of all party's witnesses and the the notice of heanng. In addition to the through (3).

subjects they will address. Thereiore, the final rule does not generally provide i. 014 a) 2 equire e titio to Secflon21015 APPeau for the use of written interrogatories or reference with particularity the spec 10c Section 2.1015 sets forth 'he h',P [y,',"3g"th Id

'P" documenu.ry material or absence procedures for appealing & cisions of n

a disc ry thereof, that provides the basis for the the Pre. License Appheauon ficensing d

L contention, and the specific regulatory Board or of the Hearing Licensing Board.

[',"au n','l

• fy f'

8 aX2)p ea i

or statutory reqmrement to which the Unlike the existing appeals process, mechanism for the use of wntten contention is relevant.This codifies appeals from certain types of interrogatories or depositions upon existing Commission practice in regard interlocutory orders. sucn we rulings or written questions, by order of e to contentions, the admissibility of contentions. must be Discovery Master appointed under Section 2.1014(a)(4) allows the adding Lied within ten days, rather than at the i 2.1018(g. lf no Discovery Master has or amending of contentions. including conclusion of the proceeding, been appo)inted, the Hearit:g Ucensi t

contentions based on the NRC Staff Board itself may consider these Safety Evaluation Report (SER),

Section 2.1016 Motions petitions. Althouahinformaldiscovery Contentions aoded or amended before Section 2.1016 establishes the may begin in the pre.Ilcense applicatio.1 the issuance of the SER will be procedures for motions practice in the phase, an order compelling discovery evaluated according to the factors for IILW proceeding. The final rule does not through written interrogatories or i

i nontimely filinas in i 2.1014(a)(1),

contain a provision similar to to CFR through depositions on written questions l

Contentions based on informauen or 2.730(d)in regard to oral arguments on can be issued by the Discovery Master issues raised in the SER must be made within forty days after the issuance of rnotions. However, this omission is not or the Hearing Licensing noard only intended to change existing practice,i.e.,

after the license application has been the SER and will be evaluated according requeste for oral argument on docketed.

l to the factors in 12.1014(a)(1). The SER substantive motions are liberally The required showing of substantial t

is to be issued within e4hteen months granted. It is within the discrebon of the need in regard to discovery for an LSS l

after the license application is docketed. Board to allow arguments on motions participant's "representabves" in Any petitions to amend or add under to CFR 2.755 I 2.1018(b)(2) does not include contentions made more than forty days l

after the issuance of the SER. In addidon Section 21017 CompWofion op/me

" consultants" to a LSS participant.

unless the consultant's responsibilibes to the factors for nontimely filing in Section 2.1017 specifies the are to assist in preparation for litigation.

I i 2.1014(a)(1), must include a showirut computation of time for an act or an Section 2.101D(c) empowers the Board that the conttnuun mvosves a sigruncant event for the HLW !! censing proceeding, to issue an order to protect a party from

{

safety or environmentalissue or raises a Decause of the availability of the abuse of the discovery process. As t

materialissue related to the electronic transmission of plesdinas noted earlier, the objedive of the l

l performance evaluation anticipated by through the LSS, one day instead of five negotiated rulemaking is to provide for t

to LTR 60.112 or 10 CFR 60,113. In this days is allowed for the transmission of the effective review of and heanns of context. " material may involve items documents in response to the service of the DOE license application within the 1

that are material to demonstrating a notice or other document. This will three year time period specified in

(

-_-.-~

reder:1 Register / Vol. 5L No. 71 / Friday. April 14, 1989 / Rules and R:gulatirns 14B39 section114td)of the NWPA. Consistent documents during the deposition. This the Director of the NRC Office of with this oblcctive i 2.1018(c) includes provision establishes requirements for Nuclear Matenal Safety and Safeguards critens to prevent abuse of the the disclosure, and entry into the LSS. of to allow DOE to proceed with d;scovery process from frustrating this matenalin a deponent's possession that construction, assuming a favorable objective. in ruhng on motions to protect would not be sequired to be initially Ucensing Board decision. if the 4 party from a particulst discovery entered into the LSS under i 2.1003. This Cummission did not suspend the request. the Doard may consider any includes personal records, travel Ucensing Board decision after its

" endue delay" that would result from vouchers, speeches preliminary drafts, supervisory immediate effectiveness the a:scovery request, as well as the and marginalia. " Preliminary drafts" review, or the Appeal Board did not stay failure to respond to a discovery means any nonfinal document that is not the effectiveness of the initial decision request. Under this criterion. the Board a ctreulated draft, i.e., on which no uraler to CFR 2.788.The Appeal Board will review any motion for a protecuve formal. unresolved objection or and the Commission would then order from a particular discovery nonconcurrence has been made, undertake a review of the substantive request, including a request for a written "Margmalia" means handwritten, ments of the initial Licensing Board deposition, to determine whether the pnnted or other types of notations decision.lssuance of the construction request creates the potential for added to a document. excluding authorisation under these circumstances unreasonsbly interfering with meeting underlining and highlighting.

would be the event that tolls the time du h' a party

'Q',",',"d a ve Section 2.M20 Entry Upon I.cadfor penod for determining whether the

{

ts participant reasonably believes that the In3Pection NWPA three year time frame for the

{

Daard has not ruled in accordance with Section 2.1020 establishes the decision on the construction this rule and its underiying policy. it procedures for parties to gain access to authorization had been antisfied.

may seek review pursuant to directed the land or property in the possession or Schedule certification under i PJ18(l) of this part.

control of another party or its contractor The Commission itself may entertain for the purpose of inspection and access In order to assist the Hearing

<uch requests and will apply the enteria to raw data. However, this provision Ucensing Board in establishing a for granting directed cert fication should not be construed as expanding schedule for the HLW proceeding that hberally.The Hearmg Ucensms Board any of the rights contained in section will facilitate meeting the timeframe et Discovery Master may also consider 116 or section its of the NWPA. or any specified in the NWPA for a undue delay as a basis for granting a other applicable statutory or regulatory Commission decision on construction petition for the use of wntten restnctions, related to site in estigation. authorization, the Cotamission has interrogatories or depositions on wntten Section2.M21 firstPrehearing prepared the following model timeline.

questions under i 2.1018(a)(2).

conf,"#'

This timeline is intended for general in addition ll 2.1021 and 2.1022. on guidance only, and is not intended to the first end second pre-hearing Section 2.1021 establishes a first pre-suggest an; predisposition by the conferences respectively, provide for the heanns conference in the HLW Commission on the merits of DOE's establishment of discovery schedules by proceeding.The first pre-hearing future license application, the Board. In establisl(ng these conference willidentify the key issues in discovery schedules the Board must the proceeding, and consider petitions Oey l "*9"g'* 8 consider the objective of meeting the for intervention.

Aceon three year schedule specilled in the Section 2.M22 SecondPrehearing NWPA, an well as the early availability Conference o

z.to1 W eb FR Nomos of Heerug of information made possible by the 2.tos<ensi Licensing Support Systern. Furthermore.

Section 2.1022 establishes a second so 2.1otoexis Pet to entervene/resueet the Doard should exercise all due pre hearms conference in the HLW tor t*enne. w. corasa-ddiaence to ensure that discovery is licensmg proceeding.The secend pre-

, g,,,,,,,,,,

completed within two years of the heanng conference is to be held not

,,,,t,,,,,, mpg notice of heanns. However, this could later than seventy days after the NRC so 2.to14W Answwe to antenrenton &

not prevent the Board from establishing staff Safety Evaluation Report is issued, iop poemane, a schedule that provided for less than a The second pre heanne conference will to 2.1021 1st Proheenng CorWorence 8C

(.ontmuous two year period of consider new or amended contentions.

[a,',". '*,a","n.n on discovery, or determining whether any stipulations and admissions of fact.

pense in procesene, discovery is necessary after the second identification of witnesses, and the nome contensone, one

• • is one einer pre hearing conference, setting of a hearing schedule.

,,f f Imin 0, goy,m W

2 ate app ic ion o t e tra i ion sanctions by the Licensing Board for failure to ito 2.1oism Appeem troen ist prenser.

respond to a discovery request, Section 2.1023 provides for an ing conteenos oreer, wi b

including the issuance of an order for a immediate effectiveness review of the

,,,a**;

g g o,3, response or answer to a discovery Licensing Board's initial decision on the p

i request.

Issuance of a construction authorization.

150 AB oreer ruhng on appesee The Commission's existing regulations troen ist Preneenne co+

< tion 2.MM De' positions in 10 CFR 2.7H do not provide for an

'"""O*-

Section 2.1019 provides for discovery immediate effectiveness review. Rather

'j' No to manena co'nsen.

g 2.to14em through the taking of depositions.

10 CFR 2.764 requires a Commission Ann gees on sER.

mone t Section 2.1019 basically follows the decision on the substantive ments of the aos a.ioism to peemone to content of the general deposition rule in Licensing Board decision before a 8'nend SER4eested oon.

10 CFR 2.740a. However. $ 2.1019(l) construction authorization decision can "p,,nn, ei.

,, ion, gna con,,.

provides for the derivative discovery of be final. Section 2.1023 would authorize

once, r

i r

i

)

t i

14940 Tederal Resister / Vol. 54. No. 71 / Friday. Aotil 14. 1989 / Rules and Reeulations i

C8' ii n,,,,,,, p, j LSS during the pre-license application geologic media in which sites for j

u ne phase under 6 2.2008.

repositones may be located.

i,,,, p,% con,,,,,

/. Colepories of Documents

2. Any document related to repository i

g, design, sitina, construction, or operation.

)

i 08" 'u** ** *"*"**8

-Technical reports and analyses or the transportation of spent nuclear

! 7 "

• N includmg those developed by fuel and high level nuclear waste. not l pr*o,w,,,e,,u,ns,oue for en contractors catesonzed as an " excluded document".

• eo ia wasnr W

-QA/QC records including generated by or in tl s possession of any 3

1 es i r tois:bi Appe vom and Pr***-

quahfication and training records contractor of the Department of Energy, j

me contwence now, w,

-External correspondence the Nuciear Regulstory Comnussion, or i

t eie.

-Internal memoranda any other party to the HLW licensma j

)

ras t 2.totsrb) ence m opposeen e op.

-Meeting mmutes. including DOE /NRC proceedms.

4 l AaN m on espeso meetings. Commission meeungs

3. All documents related to the m

i,wn no Prc enne -Drafts (i.e., those submitted for physicalattnbutes of the Basin and 1

conswence one.

decision beyond the first level of Range Province of the continental.

j m

2.74s pt ty Final mowre for sumsnwy mensgement or similar entenon)

United States.

agej pf,,

,,,,,,,,,, -Congressional Q's & A's 4

m

4. Any document listing and/or

{

nommary a,epoemors

- Regulatory" documents related to considenng any site or location other too sapp. ento.

Decovey compose.

HLW site selection and licensing, than Yucca Mountain as a possible

- 1 m

cs crow on e'*' **"'*

such as:

location for e. high level nuclear waste

AbY6ne,

-Draft and final enviror. mental tio 3.toistbi muy repository, or any attemative technology i

o ecotii.on orow,.i assessments to deep geologic disposal-br*4.

--Site charactenzation plans

5. Any document analyzing the effect l

h

-Site characterization study plans of the development of a repository at i s.ioismi e ap.

a p.,,,,, i.n, summ,y

-Site characterization progress Yucca Mountain on the rights of users of 1

o.spoemon orows.

reports water in the Arma mI As won on emees *om

-leaue resolution reports basin in Nevada. gosa ground water l

1*"'""*'Y 8""**

-Rulemakings Eweeneert eenne enos.

-Public and agency comments on

8. Any doc unent analyzing the health eso t

m 2.754mHit Appacenre proposee end-documents and safety implications to the people -

-Response to public comments and environment of the transportation of eso a.7smex2) omer owees' te= cept Nac spent fuel between locations where nuerei proposes m 3

-Environmentallmpact Statement.

soo a.7sMaH2)

NRC Hefre proposee ano.

Comment Response Document, and spent fuel la generated or stored and -

inen.

related references Yucca Mountain. Nevada, or any other

-License Application (LA).LA data site nominated for repository sos 2.75cox3) w pro-en am insiis oscieims base, and related references characterization on May 28.1986, including. but not limited to:

soos a.rumt.

siev moeore io As Noteen

-Topical reports, data, and data 2.762ies.

of Appeal.

analysis

a. Any analysis of possible human Rephee m maiwa.

-Recommendation Report to error in the manufacture of spent fuel D N$' i W

ioas As eunne on siey moeors President casks:

e 7erm Appenants once.

-Notice of Disapproval. lf submitted

b. Any analysis of the actual to4s i unap smy enoews e cann.

population density along all of any

11. Geneml Topics specific projected routes of traveh

. o,t 30ss i tware Rephee to mov enomem.

1. Any document pertainin to the

c. Any analysis of releases from any

$!N N.YeiN location and potential of valuable actual radioactive material icef f 21023. Supo.

Comosemon of NMSS am uatural resources, bydrology.

transportation incidents.

7

- ine canmeeen superwe*Y geophysics, tectordes (including

d. Any analysis of the emergency rews.-

connunen volcanisml. geomorphology. seismic response time in any actual radioactive meu of con, activity atomic energy defense matenals transportation incident:

activities, proximity to water supplies.

e. Any actual accident data on any struceon eutnantemon:

NWpA 3 year psico proximity to populations, the effect upon specific prolected routes of travel:

, ties t u s3 o argument on oopecs. the rights of users of water, proximity to

f. Any calculations or projections on

,as i Appes some oec.,on, components of the National Park the probabilitics of accidents on any tiso i uotstei.

P neene for commenen System, the National Wildlife Refuge specific projected routes of travel:

t 2 7HmH1)

=

Syt. tem, the National Wildlife and

g. Any data on the physical properties 3Q 8 ""*H33

,',",,",,*g Scenic River System the National or containment capabilities of spent fuel i

Wilderness Preservation System, or casks which have been used or which National Forest Lands, proximity to sites are projected to be used at any i

Topical Guidelines where high. level radioactive waste and hypothetical or actual projected j

spent nuclear fuelis generated or repository:

j

"'he fo!!cwinc topical cuidelines are to ::mporurdy storeo. opent iues 4.nu

h. Any ananysis uimodeling of the be used for identifying the documentary nuclear waste transportrition. safety containment capabilities of spent fuel 1

material that should be submitted by factors involved in moving spent fuel or casks under a stress s,cenario:

LSS participants for entry into the LSS nuclear waste to a repository. the cost

1. Any analysis or companson of spent c

under section 2.1003. The topical and impact of transporting spent fuel fuel casks projected to be used against guidelines will also be used by the Pre.

and nuclear waste to a repository site, the spent fuel cack certification IJcense Application Licensing Board for the advantages of regional distribution standards of the Nuclear Regulatory -

evaluating petitions for access to the in siting of repositones, and vanous Commisalon:

J. - - -

.w.

4 Federal Register / Vcl. 54. N1:. 71 / Friday. April 14, 1989 / Rul s cid Reguhthas 14M1

j. Any r.nalysis of the containment

c. Palntbrush Tuff

c. Unosta County cepabilities of spent fuel casks d.Tuffaceous beds of Calico Hille

d. Methodology,

cont:ining spent fuel which has been

e. Crater Flat Tuff

3. Populeuen density and dietnbuuon

f. Older tulis

a. Populauone of the State of Nevada burned up over an extended penod.

3. Sedimtery unite

b. Populauon of Nye County

y. Any document analyzing or k 8***I" c Population of Clark County comperms Yucca Mountain. Nevada.

L 8tructu m

d. Populeuon of Lincoln County with any other site in the same

'I " *

o

hydrologic setting.

[hr e yid minalrnoutwo e.k

8. Any document relating to potential

a. Enwyy ruources b.Educau m a

interference or incompaubility between

b. Metale e, w eg,,,,piy

[

a Yucca Mountain. Nevada, high-level

c. Noametale

d. Wate watw tmtment.

4 nuclear waste repository and atomic

5. Paleontology

e. Solid waste.

entray activities at the Nevada Test Site f Mineratology

f. Fw unlines 7 C'***'Phol'8Y

, Pubhc safety somces and Nellis Airforce base.

' Tectonica Medical and occial umcoe.

l

' 9. Any docuraent related to the land status, use or ownership of Yucca

(' 3

1. Library facihuse 8

8 f Parks and wmum Mountain. Nevada.

c. Uphft/oubsidenes

• 8**3*I ***d'."tal w'eamsauon and atmeta

10. Any document con ;1dering or d' Volcanism

a. Exioung sor analyzing the attributes or detriments of C Hydrologic Conditions

1. Rural social orgamsation and somal strue.

any engmeered barrier upon the

1. Surface water

[Socid nuon ud mm b h radionuclide toolation capability of L Ground water i

Yucca Mountain. Nevada, or any other

a. Ground water moment Clark County

b. Ground water quahty site considered,

3. Present and protected water use in the

b. Culture,and lifutyle -

11. Any document evaluating the g,g,,,3,,,,,,

effect of extended fuel burn up on Yucca

11. Urban culture Mountain. Nevada's adequacy as a Ng",udetnmurm

c. Cosununity attributu yy

d. Attitudes a.td perupuona toward the re-repository site.or dis;osal of spent fuel

6. Meteartslogy Po*ilofY l

or upon the desq,n of any such D. Geochesustry

8. Fiscal end movermoental structure the:reticai repository.

1. Rock chesurtry of the overfytag and un.

2. Expected Effects of the Site Characterise.

12. Any document anal sing or derlying host unite un Acuwues investigatma the potentia for discharge L Weta cheauetry of unnaturated or naturet.

A. Site Charactenution AcWrities -

or radionuclides into the Death Valley ed sones

1. Field studies a

3. Altershon drilling

{[. Emptoret l

National Monument.

4. Retardation and transport

13. Any document analyzing the c Geo me ing f

recharge of the underlying saturated g 3d u

d. Standard opwoung precome for reclama.

. zone or the hydroconductivity of the

a. Fed m iuse uon of areas disturbed by field studies uns:turated zone at Yucca Mountain.

b. Agricultural e.tmaching

14. Any document enntaining any data

1. Creams lead E Exploretory shaft facility or analysis of volcamem in the geologic it. Cropland

a. Surface faciuties setting of which Yucca Mountain fe a

c. Mining

b. Exploratory shaft and undarground work.

d. Recreauon 7

pitt,

13. Any document containing any data

e. Private and conunercial development inge

c. Secondary egrose shaft L Tenntnal and squenc ecosystems or analysis of tectonic evente at Yucca a.Terrestnal vegetation

d. Expln'eto.y shaft testina program Mountain, or pertaining to the tectonic

1. Larrea Ambrosia

e. Final dispoettion

f. Standard operating practices that would framework of the Yucca Mountain area

11. Larrea. Ephedra or 14rree-Lycium minimise tenual environmental damage or any document containing any data or ill. Coloogyao

3. Other et analysis of faults with or without iv. Mixeo treneidon surftce expression in the area of Yucca

v. Grenland. burn site

a. Geodeuc surveye Mountain.

b. Terrestrial wildlife

b. Horisontal core drilling

10. Any document containing

1. Mammals

c. Studies of past hydrologic conditione

8. Studies of tectonice, seisaucity, and vol.

instructions or other limitations on the IL Birde comem ecope of work to be performed by lit. Reptiles t Spec 6al-intmet specin

e. Studice of niemicity induced by weapone Department of Energy personnel or

d. Aquatic ecosystems teoring i

e xpo ts in C-Tunnel facilities contractor's personnel

17. Any document pertaining to 3;huahty and weather conditions: Air 3

h. Weste package design. testing. and analy.

prevention or control of human intrusion

4. Noise 1

sie at the Yucca Mountain site.

5. Aesthetic resources

6. Archaeological, cultural, and historical re.

B. Expected Effects of Site Charactertsetion 111. Specific Top >cs

1. Expected effects on the environment sou cos

7. Radiological background

a. Geology, hydrology, land use and surface 1.The Site

e. Monitonne program soile

[

\\. Location. General Appearance and Ter,

b. Dose awesoment

1. Geology rum, and Present Use F. Transpuriation

!!. }{ydrniogy l.

B. Geologic Conditione 1 liighway infrastructure and currerst use ill. Land use i

1. Stratigraphy and volcanic history of the

2. Railroad infrastructure and current use iv. Surface soile Yucca Mountam eres G. Socioeconomic Conditions

b. Ecosystems e

a. C6.dere evolution and genesis of enh

1. Economic conditione

c. Air quality flows

a. Nye County

d. Noise

h. Timber Mountam Tuff

b. Clark County

e. Aesthetice t

i.

r

4 14g42 Tederal Register / Vol. 54, No. 71 / Friday April 14, 1989 / Rules cnd Ruuhtirns

f. Archaeological, cultural, and histoncal re.

I. Neuonal shipment end touung lit. Potentially adverse conditions sources il Regional shipment and routmg

2. Socioeconomic and transportation condi.

b. Radiological impacts iv. Evaluation and conclusion for the quan!

i. Nsuonal impacts ing condition on the meteorobey guidein tionc

s. Economic conditions it. Regional impacts

e. Offsite lastellations and operatione

1. Employment I. Data relevant to the evaluation

11. Matensis 111. Manimauy esposed indmdual impacts ti. Favorable cond.tions

c. Nonradiological impacts

b. Population density and distribution

1. National impacts 111.Potentially adverse condiuona i

d. Social condihons it. Restonal impacta iv. Disquahfying conditions

c. Commuruty services

d. Risk summary

v. Evaluauon and concluelon for the quahl

e. Fiscal and governmental structure L. Netional risk summary ing condition on the offsite installatior

f. Transportation operations guidehne

3. Worker safety it. Regional nsk summary

f. Environmental quahty

e. Costs of nuclear waste transportation

1. Data relevant to the evaluation

4. Irreversible and irretrievable commitment

f. Emergency response of resources ti. Favorable conditions C. Alternative Site Charactentation Acuvl.

D. Expected Effects on Socioeconomic Con. iii. Potentiauy adverse conditions ditione

1. Economic conditions tv. Disquehtying condition ties

3. Regional and t.ocal Effects of locating e

a. Labor

v. Evaluation and conclusion for the quahh ;

Repository at the Site

b. Matenals and resources ing condition on the environmental quahi guidelinee A. The Repository

c. Cost

1. Construction

d. Income

g. Socioeconomic impacts

a. The surface faciliues

o. Land une

1. Data relevant to the evaluation

b. Access to the subsurface

f. Tourism it. Favorable conditions

c. The subsurface facilities til. Potentially adverse conditions

d. Other construction

2. Population density and distribution I. Access route

3. Commumiy services iv. Disquahlying condidon li. Railroad

a. Housing

v. Evaluation and conclusion for the queath b.Educauon Ing condition on the socioeconomic guide line 1i1. Mined rock handhng and storage facill-

c. Water supply

h. Transportation ties iv. Shaf s and other fecthties

d. Waste. water treatment I. Data relevant to the evaluation

e. Utihties

e. Public safety services

11. Favorable conditions

f. Medical services

2. Operations

~ lit. Potentially actverse conditions

g. Transportation

s. Emplacement phase

1. Weste receipt

4. Social conditions iv. Evalaation and conclusion for the quahfy.

ing condition on the transportation guide it Weste emplacement

a. Social structure and social orgerusation line

b. Caretaker phase

1. Standerd effects on social structure and i

3. Retnevabihty social orgentsetion L Pmclosure System

4. Decommissioning and closure

11. Special effects on social structure and

a. Preclosure system: radiological safety I,

5. Schedule and labor force social organization I. Data televert to the evaluation

b. Culture and lifestyle

11. Evaluation of the Yucca Mountain site

e. Matenal and resource requirements

c. Attitudes and perceptions 111. Conclusion for the quahiying condition or.

i D. Expected Effects on the Pl.ysical Environ-

$. Fiscal conditions and governenent struc.

cal safety -

the preclosure syutem quidehne radioloci.

j ment ture

(

1. Geologic impacts l

2. }lydrologic impacts

4. Suitabihty of tha Yucca Mountain Site for

b. Preclosure system: environment, socioe.

conomics and transportation

3. I.and use Site Charactentation and for Development

1. Data relevant to the evolustion i

as a Fepository

4. Ecosystems H. Evaluation of the Yucca Mounta n sae

5. Air quahty A. Sultabihty of the Yucca Mountain Site for 114. Conclusion for the quahiying conditio

a. Ambient air.quahty regulatiens Development as a Repository: Evaluation

b. Construction Agalnat the Guidelmes That Do Not Re.

the preclosure system guidehne: environ.

i ment, socioeconomics, and transportation

c. Operations quire Site Charactentation

3. Postclosure technical

1. Technical guidelines

d. Decommissioning and closure

a. Geohydrology

6. Noise

a. Postclosure site ownership and control I. Data relevant to the evaluation

a. Construction

1. Data relevant to the evaluation

b. Operations it. Favorsble condition 11.Tavorable conditions

c. Decommissioning and closure

10. Potantially adverse condition lit. Potentially adverse conditions 1

iv. Disqualifying condition

7. Aesthetic resources iv. Evaluation and conclusion for the quably.

v. Evaluation and conclusion for the quahfv.

ing condition on the postclosure site own.

ing condition on the postclosure geohydro.

l.

8. Archaeological. cultural, and histancal re.

ership and control guidelines logy guideline l

so trees

9. Radiological effects

b. Population density and distnbution

b. Geochemistry

e. Construction

1. Data relevant to the evaluation

1. Data relevant to the evaluation

b. Opers tion

11. Favorable condition H. Favorable conditions ill. Potentially adverse condition

1. Worker exposure during normal opershon iv. Disquahiying condition 111. Potentially adverse conditions li. Public exposure dunne normal operauon

v. Evaluation and conclusion for the quahfy.

iv. Evaluation and con:lusion for the quahfv.

111. Accidental exposure dunng operation J

C.Espected Effects of Transportation Activi.

ing condition on the population density Ing condition on the postclosure geochem.

and distnbution guidehne istry guidelme

v. Plans for site characterization ties L Transportation of people and materints

c. Preclosure site ownership and control

c. Rock charactenstica i

i. Data relevant to the evaluation

a. H6ehway impacts

u. Favorable condition I. Data relevant to the evaluation

1. Construction li. Favorable conditions cp it Operations lit. Potentially adverse condition 111. Potentially adverse conditione 111. Decomrrussioning tv. Evaluation and conclusion for the quahfy.

b. Railroad impacts ing condition on the preclosure site owner.

iv. Evaluation and conclusion for the quahfy.

t ship and control guideline Ing conditions fm the postclosure rocx

2. Transportation of nuclear wastes

d. Meteorology characteristica guidehne

a. Shipment and routing nuclear waste ship-

1. Data relevant to the evaluation I. Data relevant to the evaluation

d. Climatic changes ments

11. Favorable conditions

11. Favorable conditions

'u rederal Reedster / Vol. 54. No. 71 / Friday. April 14. 1989 / Ruhs cnd Regtetions 14943.

tit. Potenually adverse condicons

a. Data relevant to the evaluation

g. Values for factore needed to calculate tv. Evaluation and conclusion for the chmate b Evaluation populauon tiska chanece quahfying conosuon

c. Cooclusions for the quehlying condinon

h. Results of population nsk enelyses

e. Erosion on trie ease and cost of satins. construc.

1. Uncertamties

6. Data relevant to the etaiusuon tiort operecon. and clowure pusoehne

4. Risks associated with defecuyo cask con-

u. } avorable condauons

r. Conclusion regardine euttatnhty of the struction. lack of quahty assurance. mad-115 Potentiall> adverse cond:tions Yueta Mountam Site for site charactensa, equate mamtenance and human error iv. Disquahfytng condidons tion D. Cost Analysis f Dissolution B. Perfonnance Analysee

1. Outline method

1. Data reievant to the evalumuon

1. Preclosure radiological safety assessments

2. Assumptions ti. Favorabie condmon

e. Preclosure radieuon protection standards

3. Models id. Potennally adverse condiuon

b. Methods for preclosure radiolostcal es.

4 Cost eetimates iv. Disquahfyme conotuon seasment 5.1.tmitauona of results

v. Lvaluauon er.d Conciusion for the quahfy. i. Radiological assessment of construction E. Barge Transport to Repositones ing condiuon on tne postclosure and disso-acuvities F. Effect of a Monitored Retnevable Storage lution guidelme li. Rad ologmal supr4 ment of normal oper.

Fecahty on Transpriation Estimatee

g. Tectonics aticna C. Effect of At. Reactor Rod Consohdeuon on

1. Data relevant to the evaluation hi. Radiological assessment of accidental re.

Transpottetson Estimates it. Favoreble condition leases

11. Critene foe Apply ng Transpnrtahon Cuidehne lil. Potentially adverse condition

2. Preliminary analysis of postclosure per.

iv. Disquahfying condition formance

1. DOE Responsibilities for Transportauen

v. Evaluation and conclusion for the quahfy-

a. Subsystem desenption S*IY

1. Panouncadon ing condition en the posiclosu=v tectontco I. Eninneered barner subsystem guidelme U. The natural barner subsystem

2. Emersency mponu 3 Insurance covereDe Ior transportatlan ec.

h. ifuman mterference: natural resources and

b. Prelinunary performance analyses of the cidents site ownership and cuntrol maior components of the system J. Model Mix i Data relevant to the evaluation

1. The waste packase hietirne

q. Favorable conotuons

16. Release rate from the engmeered barner

a. Ordmary irt. Potentially adverse conditions subsystem tv. Disquahiymg concibons

c. Prehminary system performance desenp-h. Truck shipments

v. Evaluanon and conclusion for the quahfy-tion and analysis ing condition on the postclesure human

d. Compansons with terulatory performance h. ve*rw*e*ight 8

Intersetence and natural resources technt.

objecuves deje

'a c.

Preliminary evaluation of disruptive s stem Environmentallmpact: Catogorical 4p,

a. Evaluauon of the Yucca Mountam Site g, $*nc'iu pure natural processes gg, t Quanutative analysis T '

The NRC has determined that this it. Quahtative analysis i Re ul n Related to Salmards

b. Summary and conclusion for the quahly-g,safegu,ra, finalrule is the type of action dcocribed ing condition on the postclosure system

2. Conclusion in categorienl exclusion 10 CFR 5.

c s re techrncai B. Packestnas 51.22(c)(1).Therefore, neither an

a. Surface charactensbes

1. Packagmg design, teaung, and analysis environmental impact statement nor an I. Data relevant to the evaluation

2. Types of packagmg environmental assesament has been

n. Favorable conditions

a. Spent fuel p'epared for this final rule.

pl. Potentially adverse cendition,

b. Casks for defense high level waste and I

I iv. Evaluation and ccmclusion for the quahfy.

West Valley high level weste Paporwoek Reduction Act Statement ing condition on the postclosure suriace

c. Casks for use trom an MRS to the reposi-gg g

charnctenstics guidehne

'Y I

b. Rock charactenstics

3. Possible future developments collection requirements that are subject l

6 Data relevent to the evaiuauon

a. Mode-specific regulations to the Paperwork Reduction Act of 1980

n. Favurable condiuons

b. Overweight truck casks (44 U.S.C. 3501 et seq.).

ut. Potenually adverse conditions

c. Rod consohdation iv. Disquahiymg condaton

d. Advanced handling concepts Regulatory Analysis

v. Evaluahon and conclus.on for the quahfy.

e. Combmetion storapelshippmg casks mg condition on the postclosure rock char.

C. Potentialliasards of Transportation The DOE analysis of the costa and actenstics guidehne

1. Potenttal consequences to en individual benefits of the LSS (U.S. Department of

c. Hydrology exposed to a maximum extent Energy. "Licensmg Support System I

I

t. Data relevant to the evaluation

a. Normal transport Beneht. Cost Analysis" july.1988) and I

61. Favorable condiuons

b. Accidents companion DOE reports ("Prehminary l

ut. Potentially adverse condition

2. Potential consequences to e large popula. Needs Analysis:"" Preliminary Data iv. Disqualifying condicon tion from very severe transportation acco Scope Analysis:" and " Conceptual

s. Evaluation and conclusion for the quahiy.

denta Design Analysis;") are available for ing condition un the postclosure hydrology

3. Risk assessment inspection in the NRC Public Document guidehne

a. Outline of method for estimating popula. Room. 2120 L Street NW.. Washington.

o fn ran

aeo, ce of ne al F n an e pu ri a ut. f'otentially adverse conditions

c. Chanees to th.? analytical mode ls and ovunsel. U.S. Nuclear Regulatory I

l iv. Disquahfying condition methods for population nake Commission. Washington DC. 20555:

v. Evaluation and conclusion for the quahfy.

d. Transportation scenanos evaluated for Telephone:(301)-492-162].

ing condition on the postclosure tectonico nsk analysie g g gg guidelme

e. Assumption about westes

6. Ease and cost of sitmg. construction. oper-

f. Operational considereuono for use in risk In accordance with the Regulatory ation, and closure analysis Fler.ibility Act of 1980 (5 U.S.C. 605(b)).

i le N

14$44 rederal R=:ist:r / Vol. M. No. 71 / Friday. April 14. 1989 / Rules and Rsaulati:ns.

the Commission certifies that this rule Sectior9 2154. 23ao. 2370. 2 so also issued operations area are governed by will not,if promulgated. have a under 8 UAC &$7. Section 2.?64 and Table l L1013 of this part, significant economic impact on a 1A of Appendix C also 6eoved i.nder seco.

substantial number of small entitics. The 138.141. Pub. L 97-425,96 Stat. 2232. 2241142 final rule affects participants in the U.S.C. 20156.101st). Secuen 2.7so also inued under sec. tos. as Stat. 936, as amended (42 I

• Ia*****dI Commissior's HLW licensing U.S.C 21331 and a U.S.C sst Sections 2.aon

6. In i 2364, paragraph (d).ts removed, proceeding.The substantial maiority of and 2.aos also issued under a U.S.C 553.

9. In Part 2. a new Subpart l Is added these participants do not fall within the Secuon 2.aos also issued under 6 U.S C 533 to read as follows:

scope of the definition of"amall and sec. 29. Pub. L 85-286. 71 Stat. 579 as t ntities" set forth in the Retrulatory QQd*dj2U.S M,

2030 ub as h

Flexibility Act or the Small Business Size Standards set out in regulations 2239h sec.134. Pub. L 97-425. as Stat. 2230 ter the Rmipt W M49h4ml Rasseecm issued by the Small Business (42 US.C.10154). Appendix A also issued Weste at a Geologes Repeastery Administration at 13 CFR Part 121.

under sec. 6. Pub. L 81-8e0. 54 Stat.1473 (42 sec.

U.S.C 2135). Appendix a also 6ssued under 11o00 Scope of subpart.

Backfit Analysis sec.10. Pub. L 99 240. 90 Stat.1842 (42 U.S.C 11001 Definitions.

2021b et seq.).

The NRC has determined that the Em High. level Weste Licename support backfit rule.10 CFR 50.109 does not

2. Section 2J00 is revised to read as System.

apply to this rule and, therefore, that a goji,,,.

11o03 Submission of maienal to the LSS.

2.100s Amendments and additions, backfit analysis is not required for this

' i L700 scope of subpart.

2.200s f.nclusions.

tule because these amendments do not involve try provisions which would

. The general rules of this subpart 2.m Privdese, t

tmpose backfits as defined in 10 CFR govern procedure in all adjudications E# ^ * * " ' '

initiated by the issuance of an order to

$ D','

50.109(a)(1).

show cause, an order pursuant to 2.1010 Pre. License ApplicationLicensing List of Subjects in 3D CFR Part 2 l 2.205(e), a notice of heanng, a notice of

Soard, Administrative pracuce and proposed action pursuant to section 2.1011 LSS management and administration.

procedure. Antitrust. Byproduct 2.105, or a notice issued pursuant to 2.1012 Comphance.

material. Classified informauon.

l 2.102(d)(3).The procedure applicable 2.1013 Use of LSS dunne adjudicatory Environmental protection. Nuclear to the proceeding on an application for a proceeding.

materials. Nuclear power plants and license to receive and psseas high. level 2.m Appuls."'"-

l EN 3 88'"'"

reactors. Penalty, Sex disenmination, radioactive waste at a geologic Source matenal. Special nuclear repository operations area are set forth 1"

M*"'"*'uon of umo tm pa in Sub rt ]

material. Waste treatment and disposal.

For the reasons set out in the

3. A ew paragraph (i)is added to ha.

preamble and under the authority of the i 2J14 to read as follows:

11020 Entry upon land forinspecuon.

Atomic Energy Act of1954, as amended, i 2.714 Intervention 2.1021 First preheenns conference.

the Energy Reorganization Act of1974.

2.1022 S:cond preheanns conference.

2.1023 Immediate effecuveness.

as amended, and 5 U.S.C. 552 and 553.

(1)The provisions of this section do the NRC is adopting the following not apply to license applications Subpart J-Procedures Appiloeble to amendments to to CFR Part 2.

docketed under subpart J of this part.

Proceedings for the leauence of

4. In i 2J22 para to read as follows: graph (a)(4)is addedLicenses for the Receipt of High Level PART 2-RULES OF PRACTICE FOR Radioactive Weste at a Geologic DOMESTIC LICENSING PROCEEDINGS 9 2.722 spectat saaestants to the prosessing Repository

1. The authority citation for Port 2 ottie,r.

continues to read as follows:

I2.1000 Scope of subpart.

g)...

The rules in this subpart govern the Authority: Seca.161.181. 68 Stat. 948,353.

(4) Discovery Master to rule on the procedure for applications for a license.

as amended (42 U.S.C 2201. 22311: sec.191. es amended. Pub L 87-615. 76 Stat. 409 (42 matters specified in i 2.1018(a)(2) of this to receive and possess high. level pr.rt.

radioactive waste st a geologic d (4 U S.C 1

L

5. In l 2J43, paragraph If) is revised to pur an o 2.1 (f)(8) o 105 a)(5) 63 81.1. ol 1 5 Sta.9 9 3.93 { read as follows:

of this part.The procedures in this 936. 937. 938. as amended (42 U.S.C 2073.

2092,2003,2111,2133,2134,2135); sec.102.

I.RJ43 Evidence

• E*"

• E####

CFR Subpart G rules of general Pub. L 91-190. 83 Satat. 853, as amended (42 U.S.C 4332h sec. 301. 88 Stat.1248 (42 U.S.C.

(f) Exhibits. A written exhibit will not 8pplicability, except for the following 3e71). Sections 2.102, 2.103. 2.104. 2.105, 2J21 be teceived in evidence unlesa the provisions: il 2J02,2303. 2J04. 2.707 2JO9. 2311,2J13. 2515,2J15a. 2J17 also issued under seca.101103.104.105.183, original and two copies are offered and 2J18, 2J20. 2J21, 2J22. 2.732. 2J33.

t oo, se Stat. 936. 937. 938. 954. 9! 3. as a copy is furnished to each party, or the 2334. 2J42,2J43, 2349,2J50, 2351, amended (42 U.S.C 2132,2133. 2134. 2135, partiea have been previously furnished 2J53, 2J54,2355, 2358,2J57, 2J58, 2233,2239). Section 1105 also issued under with copies of the presidina officer a -eg'

-ro' - c1 a act a c3' - O 20 aiso esued n

}l directs otherwise. The presiding officer Ehht.Ehh2,Eha0l5h81.Eh85.5hilo' c n r

186. 234. 08 Stat. 955,83 Stat. 444. as amended may permit a par,ty to replace with a 2387,2J88. arid 2.790.

(42 U.S.C. 2236. 22821: sec. 208. 88 Stat.1240 true copy an ongmal document admitted (42 U.S.C 5846). Sections 2.eco-2. sos also in evtdence. Exhibita in the proceeding i2.1001 Definitions.

lasued under sec.102. Pub. L 91-190. 83 Stat.

on an appliention for a license to receive "ASCll File" means a computerized 853. as amended (42 U.S.C 4332). Sections and possess 1-igh. level radioactive text file conforming to the Amencan 2.700a 2319 also issued under 6 U.S.C. 554.

war.a at a geologic repository Standard Code for Information a

1 d

l Teder:1 Resist r / Vol. 54. No. 71 / Friday. April II.1909 / Rules and Regulations 14N5

(

Interchanee which represent characters organizational unit within the NRC 6 3.100 Higwevel weses usensing and symbols.

selected to be the ISS Administrator Support System.

"D41iograpnic header" means the shall not be considered to be a party to (a)The Ucerising Support System is minimum senes of desenptive fields that the proceeding, an electronic information management a potential party. interested

" Marginalia" means handwntten.

system containing the documentary governmental participant, or party must submit with a document or other printed, or other types of notations material of the DOE and its contractors, added to a document excluding and the documentary material of all material. The bibliographic header fields underlining and highlighting.

other parties. interested governmental are a subset of the fields in the full header.

..NRC" means the U.S. Nuclear participants and potential parties and

" Circulated draft" means a nonfinal Regulatory Commission or its duly their contractors. Access to the document circulated for supemsory authorized representatives.

Ucensing Support System by the parties.

concurrence or signature in which the

..p,,,y.. for purposes of tMs subpan interested governmental participants, t

onginal author or others in the means the DOE. the NRC staff, the host and potential parties provides the concunence process have non.

State and anY effected Indian Tribe in document discovery in the proceeding.

concurred. A " circulated draft" meeting acconlance with i Sa63(a) of thie The Ucensing Support System provides r

the above entenon includes a draft of a chapter, and a person admitted under for the electronic transmission of filings by the parties during the high. level document that eventually becomes a 21 4 o th sub a o pr ng finaldocument and a draft of a pp y

waste proceeding, and, orders and document that does not become a final and possess N h levelradioactive decisions of the Commission and document due to either a decision not to waste at a geologic repository Commission adjudicatory boards related to the proceeding a su o ant a p f ti e i hief no (b

e aa st

,h,l inc u e docum nta7y ma e a not I

ocument means any ten of contentions in accordance with the Prtvileged under i 2.1000 or excluded pnnted, recorded. me anetic, gra phic provisions of I 2.1014(a)(2) (11). (till, and under 6 2.1035 of this subpart.

matter, or other cocumentary material.

(iv) of this subpart.

(c) The participation of the host State regardless of form or characteristic.

" personal record"means a document in the Ucensing Support System during

" Documentary matenal" means any in the possessioa of an mdividual the pre. license appbcation phase shall matenal or otner information that is associated with a party. interested not have any affect on the State a relevant to, or hkely to lead to the governmental parti.:1 pant. or potential exercise of its disapproval rights under discovery of information that is relevant party that was not required to be section 116(b)(2) of the Nuclear Weste l

to, the licenoms of the likely candidate created or retained by the party.

Policy Act, as amended. 42 U.S.C.

I i

site for a geologic repository. The scope interested governmental participant, or 10136(b)(2).

of documentary matenal shall be guided potential party, and can be retained or (d)This subpart shallnot affect any by the topical euidelines in the discarded at tne possessor's sole independent rtsht of a potential party. -

l applicable NRC Regulatory Guide.

discretion or documents of a personal interested governmental participant or l

" DOE" msans the U.S. Department of nature that are not associated with any party to receive information.

Energy or its duly authonzed business of the party, interested representatives.

" Full header means the series of governmental participant, or potential

$ 2.1003 Submisanon of motorial to the I

t.33.

descriptive fields and subject terms

party, (a) Subject to the exclusions in l

given to a document or other material.

puson

" Image" means a visuallikeness of a

who, i

e pen d before th, i 2.1005 of this subpart and paragraphs i

document presented on a paper copy, lasuance of the first pre hearing (c) and (d) of this section. each potential microform, or a bit map on optical or c nierence order under i 2.1021(d) of party. interested governmental this subpart. is granted access to the participant or party, with the exception maRnetic media'vernmenuil participant" Ucensing Support System and who of the DOE and tho NRC. shall submit to

.. Interested go means any erson admitted under c neents to comply with the regulations the LSS Administrator-i 2J15tc) o this part to the proceeding set i rth in Subpart I of this part, (1) Subject to persgraf.h(a)(3)of this on an application for a license to receive including the authority of the Pre.

section, an ASCll file, an image, and a and possess high level radioactive Ucense Application Ucensing Board bibliographic header. reasonably waste at a geolo;;ic repository

ablished pursuant to i 2.1010 of this contemporaneous with its creation or operations area pursuant to Part 60 of subpart.

acquisition, for all documentary material this chapter.

" Pre license application phase" means (including circulated drafts but "LSS Administrator" means the the time period before the license excluding preliminary drafts) generated i

person within the U.S. Nuclear application to receive and possess high.

by, or at the direction of. or acquired by.

Regulatory Comnussion responsible for level radioactive waste at a geologic a potential party. interested 1

ndministration. management, and repository operations area is docketed governmental participant. or party after operation of the Ucensing Support under section 2.101(f)(3) of this part.

the date on which such potential party, System. The LSS Administrator shall not

" Preliminary draft" means any Interested governmental participant or be in any ornamzational unit that either nonfinal document that is not a party is given access to the Ucensing Support System.

represems tne U.S. Nucicar Regulatory circulateo cratt.

(2) An image, a bibliographic header.

Commission staff as a party to the high.

" Searchable full text" means the and.if available,an ASCllfile.nolater level weste licensing proceeding or is a electronic indexed entry of a document than six months before the license part of the management chain reporting in ASCIIinto the Ucensing Support application is submitted under i 60.22 of to the Director of the Office of Nucl car System that allows the identification of Matenal Safety and Safeguards.For specific words or groups of words this chapter, for all documentary purposes of this subpart the within a text file.

material (including circulated drafts but excluding preliminary drafts). generated i

1 18948 rederal Register / Vcl. 51, No. 71 / Friday April 14. 1989 / Rules and R:guhtions 1

t y, or at the direction of, or acquired by, rmcedures: Data Descriptions: Field and System in searchable full text af they or a potential party, interested laboratory notebooks: Analog computer, the other pc tential party, interested i

governmental participant. or party, on or meter or other device pnnt outs: Digital governmental participant. or party i

before the date on which such potential computer pnnt. outs: Photographs:

intend to rely on such documentary party. interested governmental Graphs. plots, strip charts, sketches:

matenal dunna the licensms proceedms.

partictpant, or party was given access to Desenptive matenal related to the I

the !.icensmg Support Svstem.

Information above, (f)Subrnission of ASC11 files, images.

(11 An image and bibliographic header (2) Each potential party, interested and bibliographic headers shall be in accordance with established criteria.

l for documentary matenalincluded govemmental participant. or garty. in a(g) Basic licensing documents under paragraphs (a)(1) of this section time frame to be established y the that were acquired from a person that is access protocols under $ 2.1011(d)(10) of generated b DOE such as the Site i

not a potential party, party, or interested this subpart, shall submit subject to the Charactensation Pian. the governmental participant, claims of privilege in 6 2.100s. only a Environmental Impact Statement, and (b) Sub}ect to the exclusions in bibliographic header for each item of the license application, or by NRC such l 2.1005 of this subpart, and subject to documentary material that is not as the Site Charactertsation Analysis, paragraphs (c) and Id) of this section.

suitable for entry into the Licensmg and the Safety Evaluation Report, shall trie DOE and the NRC shall submit to Support System in image or searchable be submitted to the LSS Administrator the LSS Administrator-full text. The header shall include all by the respective agency that generated i

(1) An ASC11 file, an image, and a required fields and shall sufficiently the document.

bibliographic header, reasonably desenbe the information and references (h)(1) Docketing of the application for contemporaneous with its creation or to related information and access a licenu to receive and possess high-acquisition. for all documentary m6terial protocols. Whenever any documentary level radioactive waste at a goo'ogic (including circulated drafts but material is transferred to some other repository operations area shallnot be excluding preliminary drafts) generated media, a new header shall be supplied.

permitted under Subpart j of this part by, or at the direction of, or acquired by.

Any documentary material for which a unine the LSS Adamistrator boa the DOE or the NRC after the date on header only has been supp!ied to the certified, at least six months in advance which the IJcensma Support System is system shall be made available to any of the subenission of the hcense available for access.

other party, potential party or interested application, that the DOE has

12) An ASCll file en image, and a bibliographic header no later than six governmental participant through the substantially complied with its access protocole determined by the LSS obligations under this section.

months before the license application is Administrator under i 2.1011(d)(10) or submitted under I 00.22 of this chapter through entry upon land for inspection (2)(1)The LSS Administrator shall i

for all documentary material (including and other purposes pursuant to i 2.1020.

evaluatde extent of ee M t

i I

circulated drafts but excluding dese)nbed in paragraphs (c)(1) or (c)(z)(3 Whenever documentary compliance with the provisions of this preliminary drafts) genersted by, or at pedon at six month intervals beginning the direction of. or acquired by, the DOE of this section has been collected or six months after his or her appointment or the NRC on or before the date on used in conjunction with other such under i 2.1011 of this subpart.

which the Licensing Support System is information to analyse, critique, support (ii) The LSS Administrator shall iasue available for access.

or justify any particular technical or.

a written report of his or her evaluation (c)(1) Each potential party, interested scientific conclusion. or relates to other of DOE compliance under paragraph governmental participant. or party shall documentary material as part of the (h)(1) of this section.The report shall submit, subject to the claims of privilege same scope of technical work or include recommendations to the DOE on in i 2.1006, an image and a bibliographic investigation, then an appropriate any actions necessary to achieve header,in a time frame to be established bibliographic header shall be submitted substantial compliance pursuant to by the access protocols under for a table of contents desenbing that paragraph (h)(1) of this section.

I 2.1011(d)(10) of this subpart, for all package of information, and graphic onented documentary material documentary material contained within (fil) Potential parties may submit Graphic. oriented documentary material that package shall be named and corr.ments on the report prepared includes, raw data. computer runs, identified.

pursuant to parseraph (h)(2)(ll) of this computer programs and codes. field (d) Each potential party. interested section to the LSS Administrator.

notes, laboratory notes, maps. diagrams governmental participant, or party shall (3)(1)In the event that the IES and photographs which have been submit a bibliographic header for each

,",',[c[,plnce I

do "'

pnnted senpted. hand wntten or documentary material-e paragraph otherwise displayed in any hard copy (1) For which a claim of privilege te (h)(1) of this section, ti e proceeding on form and which. while capable of being asserted: or the application for a license to receive captured in electronic image by a digital (2) Which constitutes confidential and possess high. level radioactive scannmg device, may be captured and financial or commercial informatioru or waste at a geologic repository submitted to the ISS Administrator in (3) Which constitutes safeguards operations area shall be governed by any form of image. Text embedded information under i 73.21 af this Subpart G of this port.

wlthin these documents r.eed not be Chapter.

(ii)If, subsequent to the submission of separately entered in searchable full (e)In addition to the submission of such application under Subpart G of this text. Such vraphic. oriented documents documentary material under carnerophs part. the LSS Administrator issues the may mciuoeWabbranon prot.eoures.

(a)ano(b)of this section potential certification desenbed in paragraph logs, guidelines, data and discrepancies; parties, interested governmental (h)(1) of this section, the Commission Cauge, meter and computer settings:

participants, or parties may raquest that may, upon request bysany party or Probe locations: Loggmg intervals and another potential party's. interested Interested governmental participant to rates: Data logs in whatever form governmental participant's, party's, or the proceeding, spe~ify the extent to captured: Text data sheets: Equations third party's documentary material be which the provisions of Subpart i of this ands sampling rates: Sensor data and entered into the Licensing Support part may be used in the proceedmg.

g

e s-g Feder:1 Resister / Vol. 54. No. 71 / Fridsv. April 14. 1989 / Rul s and Rrrulations 1494'1 l 2.1004 Amenoments and sawuena.

(b) Reference books and text books:

pre license application phase, and (s) Within sixty days after a (c) Material pertaining exclusively to images of the non.privielged documents l

document has been entered into the administration. such as material related of NRC.shall be provided at the j

Ucensme Support System by the !.SS to budgets, financial management, headquarters Public Document Room of l

j Administrator during the pre. license personnel. office space, general NRC. and at all NRC Local Public opplication phase, and within five days distnbution memoranda. or Document Rooms established in the af ter a document has been entered into procurement. except for the scope of vicinity of the likely candidata alta for a the Ucensmg Support System by the t.SS work on a procurement related to geologic repository, and at the NRC Administrator after the licensa repository siting, construction, or Regional Offices, including the Uranium application has been docketed. the operation, or to the transportation of Recovery Field Office in Denver, sutamitter shall make reasonable efforts spent nuclear fuel or high. level waste:

Colorado.

to verify that the document has been (d) Press clippings and press releases:

(3)'!he access terminals specified in l

entered correctly, and shall notify the (el funk math LSS Administrator of any errors in (f) Preferences cited in contractor paragraphs (a)(1) and (a)(2) of this i

section shall include tenninals at Las entry.

reports that are readily available:

Vegas, Nevada: Reno, Nevada Carson I

(b) After the time reriod specified for (8) Classified material subject to City. Nevada: Nye County. Nevada: and venfication in paragraph (a) of this Subpart I of this Part.

section has expired, a submitter who UncolnCounty Nevada, (4) The headers specified in desires to amend an incorrect document y uggg p m,{,

paragraphs (a)(1)and a)(2)of this shall-3 g

11) Submit the corrected version to the 12.1003(d) of this subpart, the section shall be avalla le at the same LSS Administrator for entry as a traditional discovery privileges time that those headers are made separate document: and recognized in NRC adjudicatory available to the potential parties, (2) Submit a bibliographic header for proceedings and the exceptions from parties, and interested governmental the corrected version that identifies all disclosure in i 2J90 of this part 'nay be participants revisions to the corrected version.

asserted by potential partPs. interested (5) Public access to the searchable full (3)The LSS Administrator shall governmental participants, and parties.

text and images of all the documents in L

ensure that the bibliographic header for in addition to Federal agencies, the Ihjyg;icensi Suppo S te no the onginal document specifies that a deliberative process privilege may also corrected version is also in the Licensing be asserted by State and local provided by the LSS Administrator at all Support System.

government entitles and Indian Tribes.

Ihe I cations sPectfled in Paragral:hs (cl(1) A submitter shall submit any (b) Any document for which a claim of (a)(1) and (a)(2) of this section after a revised pages of a document in the privilege is asserted but is denied in notice of hearing has been issued ucensing Support System to the LSS whole or in part by the Pre. license pursuant to i 2.101(f)(8) or i 2.105(a)($)

Administrator for entry into the Application Licensing Board or the on an application for a license to receive Licensing Support System as a separate Ifeanns Ucensing Board shall be and possess high levelradioactive document.

submitted by the waste at a geologic upository (2)The LSS Administrator shall governmental pa: party. interested ticipant orpotential CPerations area.

ensure that the bibilographic header for party that asserted the claim to-(b) Public availability of paper copies the onginal document specifies that (1)The LSS Administrator for entry I 6e mcords specified in paragraph (a) revisions have been entered into the into the Licensing Support System into of this section, as well as duplicauon Ucensing Support System.

an open access file: or fees, and fee waiver for those records.

(d) Any document that has been (2) To the LSS Administrator or to the will be governcd by the Freedom of incorrectly excluded from the Ucensing Board. for entry into a Protective Order Information Act regulations of the Support System must be subrnitted to file. if the Board so directs under respective agencies, the LSS Administrator by the potential i 2.1010(b) or i 2.101B(c) of this subpart (c) Access to the Licensing Support party. interested governmental (c) Notwithstanding any availability System for potential parties. interested i

participant or party responsible for the of the deliberative process privilege govemmental participants, and parties submission of the document within two under paragraph (a) of this section, will be provided in the following days after its exclusion has been circulated drafts not otherwise manner-identified unless some other time is privileged shall be submitted for entry (1) Full text search capability through approved by the Pre License Application into the Ucensing Support System dial.up access from remote locations at Licensing Board or the Ucensing Board pursuant to ll.2.2003(a) and 2.2003(b) of the requestor's expense:

established for the high level waste this subpart.

(2) Image access at remote locations proceedina. hereinalter the "llearing at de nquestor's expense:

Ucensing Board": provided, however.

I 2.1007 Access.

(3) The capability to electronically that the time for submittal under this (a)(1) Terminals for access to full request a paper copy of a document at paragraph will be stayed pending Board headers for all documents in the the time of search:

action on a motion to extend the time of Ucensing Support System during the (4) Generic fee waiver for the paper submittal.

pre-license application phase. and copy requested under paragraph (c)(3) of images of the non. privileged documents this section for requesto:s who meet the f 2.1005 Exclusions.

of DOE shall be provided at the criteria in i 9.41 of this chapter.

The followmg matentalis excluded headquarters of DOE. and at all DOE (d) Documents submitted to the LSS from entry into the Ucensing Support Local Public Document Rooms Administrator for entry into the System, either through initial entry established in the vicinity of the likely Licensing Support System *shall not be pursuant to i 2.1003 of this subpart, or candidate site for a geologic repository, considered as agency records of the LSS through derivative discovery pursuant to (2) Terminals for access to full Administrator for purposes of the 12.w19fi) of this subpart-headers for all documents in the Freedom ofInformation Act (FOIA),5 (a) O!Beial notice materials:

Ucensing Support System during the U.S.C. 552, and shall remain under the

-. ~

t g

1 1

14343 Toderal Register / Vcl. 54. Ns. 71 / Friday. April 14, 1980 / Rul:s and Regulati:na custody and control of the agency or that the procedures specified in Atomic Enerity Act. as amended,is organisauon that submitted the paragraph (a)(2)of this section have documents to the LSS Administrator.

been impismented, and that to the best received and possessed by a potential Requests for access pursuant to the of his or her knowledge, the pr.rty, interested governmental parucipant or party, other than the

)

FotA to documents submitted by a documentary matenal specified in Comnussion staff,it shall also be Tederal agency shall be transmitted to I 2.1003 of this subpart has been i

that federal agency.

idenufled and submitted to the protected according to the requirements i 2.1000 Potentielparties.

Ucensing Suppon System.

of i 73.21 of this chapter.The Board may also prescnbe such additional (a) A person may petition the Pre, i11010 peuoense Appasseen procedures as will effectively safeguard Ucense Application Ucensing Board Uwnsme seere.

and prevent disclosure of Safeguards J

catablished pursuant to i 2.1010 of this (a)(1) A Pre Ucense Application Information to unauthonsed persons subpart for access to the Ucensing Ucensing Board designated by the w th minimum impairment of the Support System.

Commission shall rule on all peutions prowdural rights which would be (b) A petition must set forth with for access to the Ucensing Support available if Safeguards In'ormation part cularity the interest of the System submitted under i 2.100s of this were not hivolved. In addition to any peutioner in gaining access to the subpart: disputes over the entry of other sanction that may be imposed by Ucensing Support System with documents during the pre-license the Board for violation of an order particular reference to-.

application phase, including disputes issued pursuant to this paragraph.

(1) ne facters cet out in l 2.1014(c) relating to relevance and pnvilege; violation of an order pertaisung to the -

(1),(2), and (3) of this subpart as disputes relating to the LSS disclosure of Safeguards Information determined in reference to the topical Administrator a decision on substantial protected from disclosure under section guidelines in the applicable NRC compliance pursuant to i 2.2003(h) of 147 of the Atomic Energy Act.as Resulatory Guide: or this subpart: discovery disputes:

amended. may be subiect to a civil (2) The entena in i 2.715(c) of this disputes relating to access to the penalty imposed pursuant to i 2.206 of part as determined in reference to the Ucensing Support System: disputes g, pg pg p,

,g g,,,,g,,

topical guidelines in the applicable NRC relaims to the design and development the enmmal penalties contained in Regulatory Gulde.

of the Ucensing Support System by DOE ~ amended, any order iss (c)The Pre Ucense Application or the o System $erstion of the Ucensing Support Ucensing Board shall. In ruling on a y the LSS Administrator under W

th '

petition for access, consider the factors i 2.1011 of this subpart. including 3,f,,",{,

,*rmation be deemed i

set forth in paragraph (b) of this section. disputes relating to the im lementation an order issued under section telb of (d) Any person whose petition for of the recommendauons o the LSS the Atomh Energy Act.

eccess is approved pursuant to Advisory Review Panel established (c) Upon a final determination that the

.l l paragraph (c) of this section shaJI under i 2.1011(e) of this subpart.

materialis relevant, and not privileged.

I comply with the regulations set forth in (2)The Pre.Ucense Applicadon exempt from disclosure. or otherwise this subpart. including i 2.1003. and ucensma Board shall be designated stx exempt from entry into the Uoensing agree to comply with the orders of the months before access to the Ucensing Support System under i 2.1006 of this Pre-Ucense Application Ucensing Board Support System is scheduled to be subpart, the potential party, interested established pursuant to 12.1010 of this available.

governmental participant. or party who subpart.

(b)The Board shallrule on any claim asserted the claim of withholding must l

6 2.1009 Procedures.

of document withholding to determine-submit the document to the LSS L

(1) Whether it is documentary -

Administrator within two days for entry (a) Each potential party, interested material within the scope of this into the Ucensing Support System.

l s

povernmental participant.or party subpart:

shall -

(d)The service of all pleadings.

from) entry into the Ucensing Support (2 Whether the materialis discovery requests and answirs, orders.

(1) !>esignate an official who will be and decisions during the pre-l. cense responsible for administration of its Licensmu Support System System under i 2.2005 of this subpart:.

spplication phase shall be made responsibilities:

(3) Whether the material is privileged according to the procedures specified in or otherwise excepted from disclosure i 2.1013(c) of this subpart.

(2) Establish procedures to implement the requirements in i 2.1003 of this under section 2.2006 of this subpart:

(e) the Pre Ucense Application (4)If privileged, whether it is an absolute or qualified privilege:

Ucensing Board shall possess all the subpart (3) Provide tralning to its staff on the (5)If qualitted, whether the document general powers specified in Il 2.7::1(d) procedures for implementation of should be disclosed because it is and 2.718 of this part.

Ucensing Support System responsibilities; necessary to a proper decision in the IsaOH t.as tsanagement and proceeding:

'dmin6stracon.

(4) Ensure that all documents carry (6) Whether the material should be (al ne Ucensing Support System the submitter's unique identification disclosed under a protective order shall be administered by the LSS number:

containing such protective terms and (5) Cooperate with the advisory conditions (including affidavits of non.

Administrator who will be designated within sixty days after the effective date review process established by the LSS disclosurel as may be necessary and of the rule.

Admimstrator pursuant to i 2.1011(ej of appropnata to limit the disclosure to (b)(1) Consistent with the this subpart.

potential participar.ts, interested (b) The responsible official designated requirements in this subpart. and in pursuant to paragraph (a)(1) of this governmental participants and parues in consultation with the4.SS t

the proceeding, or to their quellfled i

seciton shall certify to the LSS witnesses and counsel When Administrator. DOE shall be responsible i

Administrator, at six month intervals Safeguards Information protected from for the design and development of the designated by the LSS Administrator, disclosure under section 147 of the computer system necessary to -

implement the Ucensing Support 5

-..r-

-ms m,._

6-m

,c%,i

=.. -.

w-+--

---w

1 i

l s rederal Resister / Vol. 54. No. 71 / Friday. April 14, 1989 / Rules and Rewulations 14948 System includes tse procurement of (7) Ensure LSS avadability and the Support System under paragraph (b) of computer heroware and software, and, inteenty of the ISS data base:

this section: and 3

wnh 'he concurrence of the LSS (8) Recetve and enter the documentary (ii)'The ISS Arinrmatrator as the Admtnistratot. tre tellow.on redesign matenal spectfied in i 2.1003 of this operationandmm.ntanancaof the l

and procurement of egmpment subpart into the Ucensmg Support Ucensing Support Svetem under l

necessary to matmam the Ucename System to the appropnate format:

paragraph (d) of this section.

1 Support System.

(9) Maintain secunty for the Ucensing (2) The responsibdities of the L9S (2) With respect to the procurement Support System data base. includmer Advisory Review Panel shaillnalude imdertaken pursu.ut to persgraph (b)(1) assigning user password securuy coder, advice or> 4i) Format standards for the.

of this section. a representative of the (10) Establish access protocols for raw submission of documentary metertal to LSS Administrator snall participata as a data. field notes, and other items the Ucensing Support System by the member of the Source Evaluation Panel covered by 6 2.1003(c)of this subpert; parties, interested governmental for such procurement.

(11) Maintain the thesaurus and participerrts, or patestial parties, such as 131 DOE shallicoiement consensos authonty tables for the Ucansmg ASCf! files bib 8@phic headore, and advice trom the LSS Advisory Review Support Systemt images:

Panelunder parseraph10(1)of this (12) Establish and implement a (10 The procMures a 8 :'.:6tds for section that is consistent with the training program for Ucensing Support the electrome transaJssion of fH!ves, requirements of this subpart.

System users:

orders, and decisions dut** bo!, the (c)(1) The Ucensma Support System.

(13) Provide support staff to assist pre. license application phase m.d the desenbed in i 2.1002. shall not be part of users of the Ucensmg Support System:

high-level waste licensing ;.w-n "_..

any computer system that la controlled (14) Other dutiee as specified in this (iii) Access protocols for raw date, by any party, interested governmental subpart or necessary for Ucensing field notes, and other itema covered by l

participant. or potennal party, including Support System operenan and l 2.1003(c) of this subpart DOE anc its contractors. or that is mamtenance.

(iv) A thesaurus and authority tablest physically locaten on the premises of le)(1)The LSS Administratorshall (v) Reasonabla requirementa for any party, mterested governmental establish an LSS Advisory Review Panel headers, the control of duplicatim pcrucipant or potenual party.includmg composed of the LSS Advisory retrieval, display, image delivery, query DOE and that of in contracts,ts.

Conumttee members idennfied in response, and " user (nendly" desigan (2) Nothinn m tnis subpart shall paragraph (e)(2) of this section who (vi) Other duties as specifindin this preclude DOE. NisC. or any other party, wish to serve within sixty daya after subpart or as directed by the LSE potential party, or mierested designation of the LSS Adttinistrator Admtmarrator, governmental parucipant, from using the pursuant to paragraph (a) of this section.

Licensmg Suppen System computer The LSS Administrator shall have the i2.10ft Compnence, facility for a recorcs management authority to appoint additional (alIn addition to the requirements of system for documentary material representatives to the Advisory Review I 2.101(0 of this part. the Directae of the independent of the Ucensing Support Panal consistent with the requirements NPC OIIIce of Nudcar Matarials Safety i

i System.

of the Federal Advisory Committee Act, and Safeguards may determine that tha l

(d) The LSS Administrator shall be 5 U.S.C. App.l.Eivingparticular tendered application is not acceptahia i

responsible for the management and consideratioin to potential parties, for docketing under this subpart.if tha administration of the Ucensmg Support partie:. and interested gove nmental LSS Administrator has not inauad tha l

System. mcludar.a t:e responsibility to-.-

participants who were not members of certification desenbed in L 2.1003;h)(11 (1) Implement tte consensus advtcc of the NRC HLW Licensing Support System of this part.

the LSS Advisory Review Panel under Advisory Commrttee.

(b)(1) A person,includinga potential parsuraph(f) of ta section thatis (2) Pending the estab!Ishment of the party granttd access to the Ucensing consistent with the rer, nrements of this LSS Advisory Review Panel under Support System under i 2.1008 of this subpart:

paragraph (e)(1)of this section, the NRC subpart shall not be granted party (2) Provide the necessary personnel, will establish a Ucensing Support atstus under i 2.1014 of this part,or matenals, and services for operation System Advisory Committee whose status as an interested governmental and mamtenance of the Ucunsing me mbership willinitially include the participant under i 2J15(c) of this part.

Support System:

State of Nevada a coalition of affected if it cannat darnonstrate substantialand (3) Identify and recommend to DOE units of local government in Nevada timely compliance with ther any redesign or procurement actions who were on the NRCilish levelWaste requirements of I 2.1003 of this subpart necessary to ensure that the design and ucensing Support System Advisory at the tima it requests participationin operalion of the IJcensmg Support Cornmattee. DOE. NRC. the National the high level wests IP.nname System rneets tne oolectives of this Congress of American Indians, the proceeding undar either 6 2.1014 oc cubpart:

coalition of natinnat environmenal i 2J15(c) of this part.

(4) htake a concurrence decision, groups who were on the NRC Highelavel (2) A person demed party status oc within thirty days of a request from Waste Ucensing Support System interested governmental participant DOE. on any redemgn and related Advisory Comnuttee and such other statua under paragraph (b)(1) of this procurement performed by DOEunder members as the Commluion may from section may request party ctatus or p:ragrap'. (b) cf :t.J secuen;

!!me to time designate to perform Lne interested governmental parucipant (5) Consuit witn DOE on tha design responsibilities m paragraph (f) of this status upon a shawmg of subsequent and developmem of the Ucensma section.

complianca with the reqtirements of Support System under paragraph (b) of (f)(1) The LSS Advisory Review Panel i 2.1003 of this subpart. Admission of this secuorr.

shaLL provide advice to-(i) DOE on the such a party or interested governasental (8) Evaluate and cernfy comphance fundarnectalissues of the design and participant under i 2.im4 of this with the reqmrements of this subpart development of the computer system subpart or ( 2J15(c) of this part.

under 6 2.1003th);

necessary to implement the Licenamg respeetively, shall be conditioned on

)

'o.

1 14950-Federal Register / Vol. 54. No. 71 / hidt:v..bril 14.19CP / Rules and Regulations accepting the status of the proceeding at requirements. Parties and interested will not be entertained absent a

~

i the time of admission, governmental participants will be determination by the Commission, or the (c) The Heanng Ucensmg Board shall required to use a password secunty Hearing Ucensing Board designated to not make e finding of substantial and code for the electronic transmission of rule on the petition and/or request. that timely compliance pursuant to these documents, the petition and/or request should be i

paragraph (b) of this subpart for any (21 Filings required to be served shall granted based upon a balancing of tha person who is not in compliance with all be served upon either the parties and following factors. in addition to applicable orders of the Pre-Ucense interested governmental participants. or satisfying those set out in paragraphs

+

Application Ucensing Board established their designated representatives. When (a)(2) and (c) of this section:

pursuant to i 2.1010 of this subpart.

a party or interested governmental (1) Good cause,if any, for failure to (d) Access to the Ucenomg Support participant has appeared by attorney, file on time:

System may be suspended or termmated service must be made upon the attorney (11)The availability elother means by the Pre-license Application Ucensing of record, whereby the petitioner's interest will be Doard or thellearms Ucensms Board (3) Service upon a party or interested protected:

for any potential party, interested governmental participant is completed governmental participant or party who when the sender receives electronic (iii) The extent to which the is in noncompliance with any applicable acknowledgment (" delivery receipt")

petit,ioner's participation may

<,rder of the Pre license Application that the electronic submission has been reasonably be expected to assist in Ucensing Board or the lleanng placed in the recipient's eiectroruc developing a sound record:

Ucensing Board or the requirements of mailbox.

(iv) The extent to which the this subpart.

(4) Proof of service, stating the name petitioncr's interest will be represented and address of the person on whom by existing parties:

{2 o

dung me (v)Th t which th served and the manner and date of petitioner s a ticfpation wil$ broaden f e h (a)(1) Pursuant to i 2.702. the n1n't fi b--

the issues or delay the proceedine.

Sveretary of the NRC will maintain the cificial docket of the proceedina on the (i) Electronic acknowledgment I

E'"" " * "

• application for a license to recewe and

(" delivery receipt"): or particularity-(ii)The affidavit of the person making (1)The interest of the petitionerin the possess waste at a geologic repositary the service: or hroceeding, and how that interest may operations area.

affected by the results of the (2) Commencing with the docketing of (iii) The certificate of counsel.

the license application to receive and (5) One signed paper copy of each proceeding, including the reasons why l

possess high level radioactive waste at f ling shall be served promptly on the petitioner should be permitted to I

a geologic repository operations area Secte ary by regular mail pursuant to intervene, with particular reference to pursuant to Part 60 of this chapter, the the requirements of $ 2.708 and 2.701 of the factors in paragraph ic) of this this part.

secuon:

1.SS Administrator shall establish a file within the Ucensing Support System to (6) All Board and Commission (ii) A list of the contentions that contain the official record materials of issuances and orders will be transmitted petitioner seeks to have litigated in the the high. level radioactive waste electronically to the parties, interested matter, and the bases for each licensing proceeding in searchable full governmental participants, and the LSS contention set forth with reasonable Administration.

specificity:

text. or for material that is not suitable for entry in searchable full text. by (d) Online access to the Ucensing (iii) Reference to the specific header and image, as appropnate.

Support System. including a Protective documentary material. or the absence l

(b) Absent good cause, all exhibits Order File if authorized by a Board, thereof that provides a basis for each tendered dunng tl'e hearms must have shall be provided to the board (s), the omtention: and been entered into the Ucensing Support representatives of the parties and (iv) As to each contention, the specific System before the commencement of interested governmental participants, regulatory of stntutory requirement to that portion of the hearing in which the and the witnesses while testifying,for which the contention is relevant, exhibit will be offered.The official use during the hearing. Use of paper (3) Any petitioner who fails to satisfy copy and otherimages will also be paragraphs (a)(2) (ll) (iii), and (iv) of l

record file in the Ucensing Support permitted at the beanng, this section with respect to at least one System will enntain a list of au exhibits.

contention shall not be permitted to showing where in the transcript each I 2.1014 Intervention, participate as a party, was marked for identification and where be(a)(1) Any person whose intuest may (4) Any party may amend its it was received into evidence or affected by a proceeding on the rejected. Transcripts will be entered into application for a license to receive and contentions specified in paragraph (a)(2)(ll) of this section.The Hearing the Ucensing Support System by the LSS possess high level radiosctive waste at Ucensing Board shall rule on any Administrator on a dally basis in order a geologic repository operations area petition to amend such contentions to provide next. day availability at the pursuant to Part 60 of this chapter and based on the balancing of the factors t

hearmg.

who desires to partic:pate as a party specified in paragraph (a)(1) of this (c)(1) All filings in the adjudicatory shall file a written petition for leave to section. Petitions to amend that are prnceedirm on tae license application to intervene. In a proceeding noticed based on information nr issues raised in receive und possess high levei pursuant to 6 2.105 of this part, any the Safety Evaluation Report (SER) radioactive waste at a geologic person whose interest may be affected issued by the NRC staff shall be made respository operations area pursuant to may/or request, and any request toalso request a hearing. The petit no later than forty days after the Part 60 of this chapter shall be and issuance of the SER. Any petition to transmitted electronically by the participate under i 2.715(c) of this part, amend contentions that is filed after this submitter to the board (s), parties, the shall be filed within thirty days after the time shallinclude in addition to the ISS Administrator, and the Secretary, nublication of the notice of hearing m factors specified in paragraph (a)(1) of according to c tablished format

.ae Federal Register. Nontimely filings this section, a showmg that a significant

--- *-~h*

,,m

• • ~*

9 Federal Rettstar / Vol. 54. No. 71 / Friday. April 14, 1989 / Rules and Reentations 14s51

+

safety or environmentalissue is l 2.101E Appesia.

I3.10t4 annaamia, i

involved or that the amended contention (a) No appeals from anyBoard order (a) All motione shah be addressed to raises a matenalissue related to tha or decision tsaned under this subpart are the Commission or, when a procesome performanca evaluat on anticipated by permitted, ext.ept as presenbed in is pendmg before a lloard, to the Board.

1160.112 and 00.113 af this chapter.

paragraphs (b),(c).(d) armi(e)of thfs All motions, unless made orally on the ib) Any party or mterested

section, record. shall be filed accordme to the governmentalparuci ant may file an answer to a petition r leave t (3)33,,,,,,g,p,,,,g,,,(3),p,,,

proy,sions of 6 2.1013(c)of tf ts subpest.

mtervene or a peution to sm.nd Ucense Apphertion UcensingBoard (b) A motion shall state with f 2.1010of thf' particularity the grounda and the relief contentions within twenty days after

{ der :ved p semca of the petition.

p

) H nns cenmngBoard s usht, anctshau be accompanied by (c) Subject to parseraph (a)(3) of this First or Second Preheermg Conference any amdavits or other evidence relied section, the Commission, or the Heanng Order issued pursuant to i 2.1021 or on, and, as appropriate, a proposed form

• g i

Ucensing Board designated to rule on i 2.1022 of this subpart (3) e Heanng gj g

g petitions to intervene and/or requests Ucensing Board order granting or for heanns shall permit intervention,in denying a motion for summary g9,,

g3g any heanns on an application for a disposition issued in accordance with pg gg' 85P

,g license to receive and possess high. level i 2J49 of this part, or (41 a Heanng radioactive waste at a geologic Licensing Board order granting or op g

g, repository operanons area, by an denying a petition to srnand one or more by a2davita or osa niduca. no affccted unit of local government es contentions pursuant to i 2.1014(a)(4) of meg pW shahave u@k defined in section 2f31)of the Nuclear this subpert, shallbe fl!ed with the repgY. exc8Pt 88 Perraitted by the Boatd Waste Policy Act of it'82, as amended, Atomic Safety and Licensms Appeal

• ' ** 0'""U " *

• 42 U.S C.10101. In all other Board no later than ten (10) days after

1. *T*

circumstances. the Commission or Board service of the order. A supportmg bnef (d) The Board may dispose of motions shall,in ruling on a petition for leave to shall accompany tha notice of appeal

,",'g mtervene, consider the followmg Any othat party. interested p

factors, among other thingsboner s right governmental participant, or potentia!

h*annt;**** ' " *

(1)The nature of the peti party may fila a brief in opposition to I'

under the Atomic Energy Act to be made the appeal no later than ten days after

• ""'""E

"*7 ""

a party to the proceedmgr

• VIC8 i th* *PP**I-6 2J20(h)(2) of tids partM 2.101860 of (2)The nature and extent of the this subpart. parties, potential parttas, petitioner's property, financial, or other (c) Appeals from a Heanng Ucensing and interested goverrnn=md interest in the proceeding:

Doards initial decision or parcalimtial participants may file answers to the (3) The possible effect of any order decision shall be filed and briefed motionparauantto paragraph (c)of this that may be entered in the proceeding before the At-Safety and Licensing section. De Board in its discretion.may on the pentioner's interest:

Appeal Boardin accordance wtth the order that the answer be given orally (d) An order pernutting intervention requirements of I 2J62 of this part, dunng a telephone confereneur or other and/or directmg a heanng may be (d) When,in the judgment of a Board, prehearing conference, rather than %d conditioned on such terms as the prompt appellate renew of an order not electronically. If respo tsee are gieen Commission, or the designated Heanng immediately appealable under overthe telephone the Board shallissue Licensmg Board may direct in the paragraph (b)rif this sectionis a written order on the motion wMch interests of:

necessary to prevent detriment to the summarises the views presented by the (1) Resincting irrelevant, dupli:ative, public interest orunusual delay or parties, potential parties, and Interested or repetitive evidence and argumist, expense, the Board may refer the ruling governmentel participants imless the (2) Having common mterests promptly to the Appeal Board or conference ~ as been transcribed.nts represented by a sockesman, and Commission. as appropriate, and shall does not preclude the Board from i

(3) Retainme authority to determine provide nonce of this referralto the issutng a prior oral rulimy on the metter pnenties and control the compass of the parties, interested govermuental which is affective at the time of its hearmg.

participants. or potential parties. The issuance. previded that the terms of the (e)In any esse in which, after parties, interested governmental ruling are incorporated in the consideration of the factors set forth in participants, or potential parties may subsequent wntten orden.

i 0

on ssono t eHe ng Licensme s[a((6 2.71 p

f) o ap tulings Board finds that the petitioner's interest is limited to one or more of theissues notimmediately appealable under in computtng any perred of time, the involved in the proceedms, any order paragraph (b]of this seen.

day of the act, event. or defenit after which the designated period of time allowmg intervenuon shalllimit the (c) A party. interested governmental begins to run is not included. The last petitioner's participation accordmaly.

participant, or potential party may seek day of the period so computed is (f) A persen permitted to intervene Commission review of any Appeal becmes a party to the procecc=,

Dontd decision or order issued under included unless it is a Saturday, Simday, subject to any limitations imposed this section in accordance with the or legul hohda) et the piace where the action or event is to occur,in which pursuant to paragraph (e)of this section. procedures in i 2386(b) of this part.

event the period runs unty the end of the (g) Unless otherwise expressly (f) Unlese otherwise ordered, the filing next day which is neither e Saturdey, provided in the order allowmg of an appeal, petition for review.

Sunday, norholiday. Whenever e party, intervention, the granting of a petition referral. or regnest for art Ecation of a potential party, or interested for leave to intervene does not change ruhng shallnot stay the proceedmg or governmental participant, hae the right or erdarse the issues specified irt the extend the time for the performance of or is required to do some act within a notice ot heerms.

any act.

presenbed period after the semre of a l

x

~_

e 7

9

]

i 14952 Federal Retrister / Vol. 54. No. 71 / Friday. April 14.1909 /. tules and Regulations notice or other document upon it. one is not ground for objection that the party, potential party, interested b

day shall be added to the presenbed information sought will be inadmissible governmental participant or other penod. !! the Ucensmg Support System at the heanns if the information sought person provide or permit discovery, r

is unavailable for more than four access appears reasonably calculated to lead to (d) Except as provided in paragraph hours of any day that would be counted the discovery of admissible evidence.

(b) of this section, and unless the Board l

in the computation of time, that day will (2) A party, potential party, or upon motion, for the convenience of I

not be counted in the computation of interested govemmental participant may parties, potential parties, interested

time, obtain discovery of documentary governmental participants, and material otherwise discoverable under witnesses and in the interest of justice, t

I #' ****", potential parties, and (a)(1) Parties paragraph (b)(1) of this section and orders otherwise, methods of discovery t

interested govemmental participants m Qrepared in anticipation of, or for the may be used in any sequence, and the a

the high. level wsste licensing W by, or for another party's, fact that a party, potential party, or proceeding may o,btain discovery by one potenust pany's, or interested interested govemmental participant is y

or more of the N owmg methods:

govemmental participant's conducting discovery, whether by Access to the k.umentery materialin representative (including its attorney, deposition or otherwise, shall not i

the Licensing f@ port S stem submitted surety, inderanitor, insurer, or similar operate to delay any other party's, I

agent) only upon a showing that the potential party's, or interested ntry upon1 n f inspection ac se to party, potential party, or interested governmental participant's discovery, raw data, or other purposes pursuant to govemmental participant seeking (e) A party, potential arty,or i 2.1020 of this subpart: access to, or the discovery has substantial need of the interested govemmentafparticipant who materials in the preparation of its case has included all documentary material hiebbl og ap$1c e ders and that it is unable without undue relevant to any discovery request in the matena f r only have been submitted pursuant to hardship to obtain the substantial Licensing Support System or who has i 2.1003 c) and (d) of this subpart; equivalent of the materials by other responded to a request for discovery t

depositions upon oral examination means. In ordering discovery of these with a cespena that was complete pursuant to i 2.1D19 of t'11s subpart:

materials when the reoutred showing when made is under no duty to requests for admission pursuant to has been made, the Board shall protect supplement its response to include i 2.N2 of this subpart: informal requests against disclosure of the mental information thereafter acquired, except for information not available in the impressions, conclusions, opinions, or as follows:

Licensing Support System, such as the legal theories of an attomey or other (1) To the extent that written names of witnesses and the subjects representative of a party, potential interrogatories are authorized pursuant they plan to address; and interrogatories party, or interested governmental to paragraph (a)(2)of this section, a and depositions upon written questions, participant concerning the proceeding.

party or interested governmental as provided in paragraph (a)(2) of this (c) Upon motion by a party, potential participant is under a duty to section.

party, interested gova.rnmental seasonably supplement its response to (2) Interrogatories and depositions participant, or the person from whom any question directly addressed to upon written questions may be discovery is sought, and for good cause the identity and location of persons (1) authonzed by order of the discovery shown, the Board may make any order having knowledge of discoverable master appomted under paragraph (g) of that justice requires to protect a party, matters, and (ii) the identity of each this section, or if no discovery master potential party, interested govemmental person expected to be called as an has been appointed by order of the participant, or other person from expert witness at the hearing, the Heannt Licensmg Board,in the event annoyance, embarrassment, oppression.

subject matter on which the witness is that the parties are unable, after or undue burden. delay, or expense, expected to testify, and the substance of l

Informal good faith efforts. to resolve a includirs one or more of the following:

the witness's testimony.

dispute in a timely fashion concerning (1) That the discovery not be had:(2)

(2) A party, potential party, or 7

i the production ofinformation.

that the discovery may be had only on interosted governmental participant is (b)(1) Parties, potential parties, and specified terms and conditions, under a duty seasonably to amend a interested governmental participants, including a designation of the time or prior response if it obtains information pursuant to the methods set forth in place:(3) that the discovery may be had upon the basis of which (1)!! knows that paragraph (a) of this section. may obtain only by a method of discovery other the response was incorrect when made, discovery regarding any matter, not than that selected by the party, potential or(11)It knows that the response though pnvileged, which is relevant to the party, or interested governmental correct when made is no longer true and licensmg of the likely candidate site for participant seeking discovery, (4) that the circumstances are such that a failure a geologic repository, whether it relates certain matters not be inquired into, or to amend the response is in substance a to the claim or defense of the person that the scope of discovery be limited to knowing concealment.

seeking discovery or to the claim or defense of any other person. Except for certain matters:(5) that discovery be (3) A duty to supplement responses conducted with no one present except may be imposed by order of the Board of discovery pursuant to il 2.1018(a)(2) persons designated by the Board:(6) agreement to the parties, potential and 2.1010 of this subpart, all other that, subject to the provisions of I 2.790 parties. and interested governmental discovery shall begm durina the pre-of this part. a trade secret er other participants.

L

'.. cense appncanon phase. Discovery conndenttairesearch development,or (f)(1)!!a deponent of a party, l

pursuant to il 2.1018(a)(2) and 2.1019 of commercial information not be disclosed potential party, or interested i

I this subpart shall begm after the or be disclosed only in a designated governmental participant upon whom a I'

i issuance of the first pre. hearing wayt (7) that studies and evaluations not request for discovery is served falls to 3 I conference order under i 2.1021 of this be prepared. lf the motion for a subpart, and shall be limited to the protective order is denied in whole or in respond or objects to the request, or any issues defined in that order or part. the Board may, on such tenns and part thereof, the party, potential party, or interested governmental participant I

subsequent amendments to the order. It conditions as are just. order that any submitting the request or taking the l

~*y e

• h,,.,,;.m.,.,,. 4.. v r

>- ~

s I

'4

.m Federal Reglete / Vol. 54..No.:yt*/. Friday.: April 14..19:g4 Rides end Regulatinos-4e988

%'i deposition may move the Board, within pleos whose sa -~ -"-- la held.. a Jenly part of adepeettionjaeShandesw ~~4 five days after the date of the responsa, Outside of the United States,aw;.n:t.:

ev6 demos by a party se inhamehah ~* gig $

or after Iallure to supond to the request depoestion may.be Ashes bedore a y I.- povernmental participsetsatyagehenmey,s,,.,y?a i

qsg for en order compelung a raapaaaa in.

secretary of an==ha==y orlegation,a;..

accordance wah the request. no motion consul seneral, yios consularmonenlar. peetyorinterested geva-===aabe icy h*

partidpant may intead- ---- ^' - -

j; shall set forth the nature of the agent of the Unhed States, ore person parts. A party or toleresteds@pighusv; g. ;.1*j i.

questions or the request..the respons.e or, melhorised to.pdadaistaaoaths en..

objection of the party, potential party.,. designated by,the t't-daa'a=Q..g.@p ~

tal eticipent ^'" 7' 51 t

6e '

apersoEUS9pupitalfedM j

interested governmental participant or. Depositions maybeeenducted bm,.yp witnesafor anypurposeQ%^*%

g..:

g%

other person upon whom the request -

telephone or videojaleconfereensat.3 her deposidem i.,. <rg -

{

was served. and arguments in 6oppornof the option o(

orM Jf-x n.;tNg) A 8eponept wj"""

the motion. For p of. thia.

ernmen k;

or'linosiiplid,L.

tagn4fhat.rt-g,Mken angljha

~

paragraph.in eve answer or response shau be treated a.K* * *.

~

tic.e ee

. "Y,Adi$ffs:fs* ah ll&sentitledto t

= " ' ~ '

W r

D4

'to blufor' heir IMasin$lg,9eaw.aetioneere.M Deld foi'like' '

sa orn or s v.

~

u, failure to answer or res Failure to,.>

amam as osate ef the UnitedS

I asiswer or respond sh beexmased3 atledaindJeose i

i on the ground that the discovery aseght - examinh%eishall~pp"os'ed &s at s%g,, '-

~ ' giarty isis ^ ' ~ ^ '

--- '* l t'

atiride i

j [

in objectionable unless the parece... n,e hearing,derandiha nw,priip6andid shad litaken '.f

$l PicKhdescon I

party. potenital paty. n marwad..m.. be m a

.viaken down.

-at may 7'

governmental participant falling toi. % in the worde'of tfie *ltneseDObjectioned ionem ' ' '

h====al'~~r'('

l

~repruente answer or twpond has applied fore m ou questions of evidence ab&ll be noted

. ' ' #g bykg

^U y

protective order purenant to paragraph - la short feirin trRhout'thtkrgumenta?

• 8 ~ h(i)(1) Afkr reis'id l

8 '*

y (c)of this section.

r....:

e :w.m ne ofBoer shah not decide on theN wi

. thedeposidonunder #],

4.$*M g

(2)in tu n a motion made.. a.n.

competency.meteriality, os relevancy eD g 3.) og gg,

.-'Y.k m

pursuant to section, the Board may

• evidence butshal6 record the evidence t '

make such a protective orderas it is subject to objection. Objectione on-days e edicheduledstatad de ition, the deponent ** ~' f~

authorized to n.ake on a motiott made, questions of evidence not made beforer.

in of &H documentsla N

pursuant to parsgraph (c) of this sootion. the oscar abau act be deemed waived ' poennirelevant W '

^ M V ";

(3) An independent request for - a unless the ground of'the objection is see:

I lasuance of a subpoena may be directed. which might beve been obviated ora v.7 mattero thidi' tion.""~

%.' h:" '

to a nonparty for production ofm.: M g

documents.This section does not apply (removed if presented.st that time..-dr.n.4. paragrophflM2 'of t"*

. (d)When thetootimony is fully.:: w:go to requests for the testimony.ahha NRC.. transcribed the deposition shau be.q is andin d

U" " ~ '

I I}-

n regulatory staff pursuant to g.t3,pr.y. submitted to"the deponent for ~ h.un 'y bu.'l'ha todex

' ~*~

pa6

+ q..

~awaminationsada%paturt unless theh :

• entegW [hihk, b

' l 2J20(h)(2)(1) of this part

.. (g) The Heanns Ucensing Boaril..mr.d m.

nentis 1Horsannot be foundae > H g_

q pursuant to i 2322 ouhls part may..:;w to sign.He oscar shah oertify-..

nti, ocuments me.

munwnts disputes between parties concer'ning i.a the deposition or. if the deposition is not

. a le - C appoint a disecvary master to resolve..

signed by the deponent. shau certify the, Uce SupPat SysWE informal requests for information as. '

reasons for the failure to sign, and shall reasono subsequentmodiB ip

. the addition of notatio.ne. siislWJg,y,,,,,;,y,g provided in parag spbe (a)(11 and_(a)(2).

ptly tremenit the deposition to the..

t 1 d....,i,. M.,[;. kAdministrator for submission into.

treated as separate documents.. g of this section.

s.

>r T. *.. g.

. the Ucensing Support Systemew.wcMire

' 2fTnafouowingmetriaHe*

(a) Any psety or interested.~.y (ej whe,e b 4e,osman giobe c _ fro (m inmai entry into the ungeste?g,,,W it.wa r

.r

~

o u.,.

gove. unentalparticipant desiring.. c.. taken en written quostions as authoriasd; Bapport System,butis subigeQaet. g to ander i3.Mila(e)(2) of this subport,the.. derivative discovery underi take the testimony of anyperson by ',.,, ' party or interested overnmentalparticippat daposition on oral examination shall,

.J.(H)Travelv,ouchere%.pyrs1

!)Personalrecords without leave of the Commission or this * !

Hearing Ucensing Board give ',,7;4* " serve a copy of the. questions, showing.(

s et g "

=-

reasonable notice in writing to everTD' '"ooch questicatseparittel.asd.f.f., ins (p,'./I(lii).Speecheoscyow '

consecutlyelyp on'eywy obr. 5 tv) PreH=inary.drefte:HAnr.

party.r.ndlaterestedgoverriinental:.M ((?)"7' *"9.!MtriffMaWk other party and interested governmental participant, to the person to be ! ' M*. " participant witi a notice stating theCp4)Subjogt to paragraph (illIpsQhisw;..

?

4.

t eammined, and to the Hearing Ucensing " name.and address of the ppreon ho. A "gn$a.g section.*sy. party or intectal parth.ipantaseg5

-e-W Board of tl.e proposed time and place of J to answefthemCa$d the' names.

taking the deposition: & name ande N s;:3 niescriptiondida..apd addrese gm the doppnent.a paper:essep0naret

' address of each person to be t'xamhid;F oscar.beforewhom by.arejo.beb.,wi"or au of the documents on thbladepthmer

r. ;if known, or if the narn is riot kh6Wa!s' i general description suffiele'ritis identiff' heked.jylthEtan, days afterservlon,dstr /haive no anyotherpaply e, chan'tiney,,.M,.

Ucensing Suppgrt Systems.-

tod' him or her or the class or group to Qich crmuestiana Thaquestions.crose }'aqs governmental.

aervoq w'. Y-[4) Subject toperegte '

. he or she belongs, b matters upon.

.y section. the. deponent paperr which each person will be examined.

guestions, and answers shall be, 3 the deposingparty or 'if.; '?31stWi$..,;',

' and the name or descriptive utte and; p recordaQnd,alsnedgE= q' posit $4ed c

$ hat -.

thaals.

1 address of the omcar befors whosn thes;: 'ourtined.ae ed to.;.

ramentalpartici

^ ^' it sition is to be taken..'a.g s@u, thh1.SS AilnJn'1strheifelEtheosais sid. 7 a'sht'elisedy 'pagt* "W'd) -

n

d

.Within the United Statestag

}'

sition may be taken before apy,gggg.Jajdepopition.sslE-1 -MQ:..-1W$uppoESyst?~,# MIN e Scer authorized to administer oaths by,a(f) Ad willnatubecomea.

,mirtof thisevidentiaryionard):Uh'e' ~g.d_epostdos conducted.

l 3$@<$25pvedin evideoca pure i

o thelaws of theUnitedStatesoro'tthe;.g'*g 7,'.Ccase of,a deposition tab 7'E

~f m-W-

w hes$,%Y.'e:.'L~***:,1.QQ o

t le 4

y 4

I "s

14354 Federal Regleter / Vol. 54; No. y1 / Priday, April 14. 1630'/ Rules and'Regulatione A

1 Luestions persuant to.pareysph (e) of request shallspeedy a reasonable l

,iace. and marmer a m g ae. time, a.nference, the schedule for further" '

a secoon. shan -a t.ua.

~

co 1

o doc.m.ete.,* u ce,oned de oemon.

ns*,*e - eeng.a w I +- -

l (5) Subject to paregmph time)of this in.,ecoon and,e+rmin, e,ei.ted.

me -ees. aw -

IIen.tifies the ey (s,enes in thg.;,#,, '

acts.

4

"* *~

section, a party orinterveted

' i (d) %e party. potential party,'or--

4 I

govemmental participant may regeset intenetedgovernmental participant - f pmoeeding.makes a preliminary or fliEl that any or alldocuments on the index determination as to the parties and.':In that haee not almdy been entered into -

up'.a whoaa the request is served shall laterested movemmental participants b Ucerntng Support System. and on serve on the party, potential party, arV- [

the proceeding, and provides for the interested governmental swG.;,..M d submission of status reports on l'b[f which it intends to rely et hearing. be sebsitting tio nquest s' written -

response within ten days ofter thou e, " discovery, ';{.g:6,. Ag%

sntemd into the LS8 by the deponent.

f servios of therequest.%e response %] 13.102

.T-

?..

'i

. (s)We dQQpartyorinterseted m ".

shall state, with respect a.commt pres,senny,g,. ac.. n, governmentai ^

the responalblkwipant ebeB sesume a g

for the obligetions set category, that inspection, to each item or" and rolsted -

M D e % a b Honshg <t r

forth in paragraphs (IX1). (IMS). (I)(4),

activities wtBhe permitted as re DesWngBondla a Men ena and (t)(5) of this section when deposing enless the Mquest is oblocted to, quested-apphenbon for a Ucease to hi -

l someone other than a party or irrterested which mas the reasons forobjection in

-d poseems high4eeel radioactive weste ah,

governmentalparticipent. ' W4Wa shall be stated.Webjection is made to, 4 a geologic sepository operations.orea o J l

(J)In a proceeding in which the NRC, gotanits orang;,esgaht - govermeental pard i shaU dkeet b pedes.hkreshd is e party, the NRC staff will make

, spee Bod o

y,,,,g,,4 3.,y,y,, m available one or more witnesses I2.1021 FIretproteserteysentesense.

counsel to appear et a spedfled timew designated by the Executive Director for sad plam not inter than seeestydays -

Operetions, for oral examination at the,

(a)In saypu

" A L., an c

aner the Safety Evaluation Reportisa.A hearing or on deposition regardin68"Y '

application for a Heense to rossive and Issued by the NRC staff for a conference matter, not prh'ileged.'which is relevant pososes hieb4evd medienadvs weste at:

to considen 1.4

' W 'w'1* a.ml to the issues in the proceeding.De a geologie ropository tiene area (1) Any annended contentione n" %'.

pursuant to part 80 of chapter the.

attendance and testimonyof the Commissioners and namedNRC "c'

Commiseks or the HearW Ucensing

. submitted ander i 2.10t4(a)(4) of thee u u embput-

. ? u !nnMd4 parsonnel at a hearing or on deposition Board will direct the parties, interested.

sin (2) Simplifloetion, clarification.and '.

govermastalparticipants and any-mey not be required by the Board, bY u

cifloation of thelesoeer ;o 28*f2%.

subpoene or otherwise: Provided. net petitioners for intervention, or their (3) He obtaining of stipulatione and ;-

9 the Board may, upon a showing of

.. counsel, to ata spedfled thee '

admiselons of fact and of the enePlehted exceptional circunstances, such ae a,

.and place, seventy days after the

{

case in which a particularnamed NRC notice of hearing is pobhahed, or suob and authentidtyef documents to ecol 80'

'1 obe thee as the Coundesion orb 3 unnecessary pmof:-. uq mawate c4'r+.

employee has direct personal knowledge Hearing Uosasing Board eney deem (4) Identification of evitne'eems anMbe '

j cia materialfact not known to the

? sp te, for e conferwoes to:" "2er'1 Ilmitation of the number of expert *' E u

 ?.

l witnesses made evellable by the

[' isedsin the w M ;.) permit identincation of the key witnesses:and other steps to ex the presentation ' f evidence:" pedite" Executive Director for Operations.

o

+ **'Ti*

require the attendance and testimony of (2) Take steps necessary for **

a w m *:u-

. (5)%e setting of a hearing schedulei '

ntmed NRC personnel."

. 7."

further iden tion of theleaues: "'** for(6) Establishing a discovery schedule,-

the proceeding taking into accounF '

I g,g g,,,, "P'" g,,g,,, g,,,,,g,,

(3) Consider all intervention petitions (a) Any party, potential party, or to allow the Hearing Ucensing Board to - the objective of meeting the threeyear

• interested govemmental participent may make such prelhainaryor final

• time schedule specified la section it4(d)-

savve on any other party, potential determination as Go the parties and of the NuclearWasta Policy Act of1980 party, or interested governmental interseted gooernmental participants, as - as amended. 42 U.S.C.10:34(d); and_."~,.

I the o)rderly dis (7 Such other matters as m p:rticipant a request to permit entry may be approprietop %wL.W'4 proceeding. " position of theNg't.

l upon designated land or other property (4) Establish a schedule for further 9 7 *'

?.

in the possession or control of the party.. actions in the proceeding: and a

the p)roceeding taking into account the(5 Establish a t._, schedule fo (b) A prehearing conference held t. /

pstential party, orinterested l' MS pureuant to this section shallbe $h governmental participant upon whern stenographically reported. ~ 7 the requees le served for the purpose of objective of meeting the three year time (c)%e Board shallenter'a5 o'b

• access to raw data, inspection and schedule spedfled in section it4(d) of '

m3asuring, surveying, photogropidng.." the NuclearWeste policy Act of1982, as. which recites the action taken ~at tha."

l ttsting. or sampling the property or any amended. 42 U.S.CJ10tM(dle ~ 'Waa nd conference' and the agreements by'tha' (b nelloordeneyorderanyfurther parties. limits thieissues o' de6nes thi-[ '

form)al and informal conferoness amo' ng r

designated object or operation thereon, matters in controvarsy to be determined within the scope of I 2.10ts of thle -

the parties evid Interested govemmental in the proceeding, sets a discoveryi V

subpart.

(b) De request may be served on any% N't NHN*" participantsinnledingteleconferencesi

,,y r4 swm

.h.an1= and sets the hearing sabedula..

to the extent thetit considers that such 32.1023 tmmestate effaceveness.q O.e

,m :,e %.*

party, potential party, or interested

. d.M ;,

ovemmental participant without leave a conference would expedite the' proceedag. m N -* held *Ni (a) pending review and final decision t r*d.

of the Comnrieelon or the BoardA @ 4'

-(c) A preheering conference by.the Commissions an infilaldecielon>4.

(c) The request shall' describe with; ree onable partleularity the hmd br "" purenant to this section shau lie 4p. resolving all leases beforeihe Hess#sy:

stenographles"~fa[lmT.iedd M EM Ucensing Boardinfewof.issunneser*c.

other property to beinsiscted 'eitherby J

~

-(d) D eIkkerr enter siiohler N.. amendment of a.constructionv;s W+

Individualitem or by category.Dec M which recitestin actidertaken et the Q. authorization parenant to I ea3141his, q,

A e %,a p eruup.t.sSt p uq g

. W 51{ps w fep4 W 1 @ysg)itq gfM

,. ore.wudu.swie97* n w rm M

. r.y.&s h ' : u: ~ -

4*W-u4.h'n W M45, ecM d

.4

-.A n*

'. - ? ' & ' ~.,.m e %' J. W 2

%w&h.ff'N.:.. Q:.. ~..

^A M@@ma.:hhhYk*$Q';C-

. y % &.>

g. &p C

n..

. w..

\\

Federal Register / Vol. 54. No. 71 ~ / Friday. April 14. 1989 / Rules and Regulatione gee 85

~

chapter or a license to receive anEl

~ to receire and possess high-level.. ;w NATIONAI. AERONAUTICS AMD.,...am.

possess high level radioactive waste at radioactive weste at a geologic.

SPACE ADMINISTRATION Mas-wr -

a geologic repository operelions area -. repository operetions area, the

..(.,./ :, 5..,,. * '

-s.. :.mtyWg Q,by,4 :. e pursuant to 6 80.41 of this chapter. will Commission shall review those issues 14 CPR Port 1804 :

' e*Mye m a.

y be immediately effective upon issuance, that have not been contested in the..

7:' + w.

.....c.m.dr gasist.M,obg

(

e acept

-... proceeding before the Hearing Ucenems. Aelmentetrative Authority ariel P

' a.N Board but about which the Director most 1 As provided in any orderissued in ic(co)rdance with i 2.788 of this part that raske appropriate findings prior to the.

S aos Administre, tion (NAS,A

$' 4 es e-Aessocy:Natio5al Aerona"uties y.3,w

)

l P

, gym

.,y.

l stays the effectiveness of an taitial

.. ' issuance of such a licanee.The Director t

decision: or k.

..'!- P.J,'..'

shallissue a construction autho<isation AcTioso:Finalrule.remgval -

'gg d ac (2) As otherwise provided by the or a license to rocsiverand posseis higb.: regulation-, -W e M)1 l

Commissien in special circumstanose-level radioactive weste et a geologici ' # suesssastyMBA is an'n'en%% N

• T',-

(b)The Director of Nucien Meterial.'

. repository;operatiohs'arssonly after. ' t ' P.'Debrieflag of Un

~

Commission ofits completion ofiIs *,9, art 120s b'y Selet and Safegurda.notwithstanding.

written notification from tiie; PQC the ti ing or pendency of an appeal or a

• b in Competitive Negotiated

• M7"M M petition for review pursuant to l 2.1018

,,,p,,.undu thiQaragrs%dWits

he m M'$i - M'M; aa of this subpart, promptly shallissue a,

construction authorization or a license

. determination that it is appropriate for blished in the Federal A' 'sitIo Na Z' b DiWor %suscha construction' e

8J85.1000 T

L'T'la'f"wa!?!'"lg a

=~ C6mmission reviewof uncontesteda$-t= tiaa orum m.T d

f loans is not part of e d%jilc,gwy,j",,[ostase: Assistant Arldin respository operations area.or;) W S; amendments thereto, following an hJtia; Procurement. Code HP. NASA. '

c' m

decision resolving allissues before the proceding.,,,

4,, _..,,.. -,..

Headquarters. Washington.

Ilearing Ucensing Board in favor of the.

(3) No suspension of the effectiveness com pustrien esponesariose eisirract - )..-e J'

licensing action, upon making the-.

of a Hearing Ucensing Board e initial,..

a j

sppropnate licensing findings. except-decision or postponement of the William 1. Maraint. 202-455-g105/6., no supptassustramy wepomasAM,.. 4, pp (1) As provided in parsgraph (c) of Director's issuance of a construction authorization or llaanse that results from Ust of Subj4 cts in 14 CFR Part th.+..,'

B6' '

this section: or

, (2) As provided in any order issued in a Commission supervisory. examination

' Airport's, A0tho'rity dele"sa"t$

t accordance with I 2.788 of this p' art of contested issues under paragra h (Government agencies). Fed 4.,edoy :.

.. gtsys the effectiven,ess,of angal _that,a y; (c)(1) of this section ecison

o (3) As et erw se pm

..m uncontestad issues uniler paragre

.contracta Governmentempiegggskil, 'g; N$. ~ (ex)c(2) of this section will be entered

,,,,i Government procuromani.1Ggaggir c

j 6-j^~

jhtohh ept in writing with a statement of the',',)tograma science and L ' -

,..,,,,g

.Matenal Safety and Saf rds'may reasons.Such suspension or

unions. Security measurser ges.y_.

Issue a construction authorization or e" ' Postponement wm be linnited to such %. I. basiness.yeo @

Ky

. License to receive and poness weste et. period as is necessary fw the py,

l accordane.e with peregraph (b) of this issue. lf the supervisory examination '",..RT'1'204- [d' a geologic repository operations ares in ; Commission to resolve the matters at,

b2MNMN W

section the Commission in the exercise results in a suspension of the : ".c - i

-~ m e.p d '.

g

,gy

~ ' ofits supervisory authority over agency effectiveness of the Hearing Ucensing

' ~ ? Naoi8MM

~

proceedings. shall undertake and Board's initial decision under paragraph 14 CPR Part 1204 Subpart *t206.12' H

-N complete a supervisory examination of.

1(1) of this section, the Commission (consisting of il 1204.1200 throssh' ' ?

s i

those issues contest 6d in the proceeding will take review of the decision sua e 1204.1202)is hereby removedind b 6

• - before the Hearing Ucensing Board to sponte and further proceedings relative reserved.

N 8 8W885d

" " A W' a s o p h a q,,

consider whether there is any significant to the contested matters at 1seus will be < james C. Fletcher.

basis for doubting that the facility will in accordance with procedures for

'Adm/nheroror. ' ' #!'M O*C,',4.* *

'c be constructed or operated with participaCon by the DOE. the NRC staff.

April 7. tees. bdi

'l*

a. ;adequete protection of the public health v.

-and safety. and whether the * - c.'4m or other parties and interested ',

{ Commission should take actionlo 4"

governmental participants to the ~ 1'..

'~

~ ' ' " I'

?V e-p#r

[PRD""aHe 1

t b effectiveness of a Hearing Ucansing.. ' established by the Co==procee%'* * *'

s b suspend or to otherwise condition the r

-Hearing UcenMng Board

' ' ^ ^ ' ' '

laalon in. -

written stateinent obeasona. If,a. i.ts?w.s 'Jttrohu *M *w MM* dt 84Wm(M" N Board decision that resolves contested '.

4' :lesues in a proceeding in favor ofissuing Postponement results from a. review.... PENSION BENE

SORPORATION 4.w,.rq ht.5.., - *

--0 ; e construction authorization or a license under paragraph (c)(2) of this section.- !

wan..,..,. nvan

/

Mradioactive' waste at s'geologi6*"

issue may be fUed by the DOE within.,t,,

29 CFR Part 2 10,,,g,., ;

nrpgg%..

Mi to receive and possess high level.,

comments on the uncontested matters e g

. ei Yso.Nv+lums;yM

,al.Q Nrepository operations area.This. d.

" ten days of service of,the C6mmission'st-Paymentof Pre j,,y A supervisory examination is not part of - written statement.

• Phi m#.

Actucy: pension Benefit Guairait

• • • • 1. ~

the auludicatory proceeding. The - ;

' Deted at Rockville. MD this 7th day of.~..T Corporation. -

J N th *

'Tl 4 '.

l m

i Comnussion shall notify the Director in?. " April.1seel - ettiMme bs44W striesV deviose:1dter'(m 7"7 W h

l H

g

-i' writing when its supervisoryi f Pt3 y,, gig fc37,lrRiguldad

[1* loa, '

~

(with thleparsgrapiha's beerrcompleted.. I'"?);% M8;sf,M*iT* ~kjob'm. 'suessaa t examination conducted in accordance

-I - - - - -

i

$4.ct,qe

, pension' Benefit Guaranty ~C6rper~etl6n's. D Ae caounissiongg*,,*C'%,. Interim regulation on PafymentWuto

%/(2)Defore the Directorof Nuclear, a gecnuaryof Material Safetyand Sa' feguarde issues a

. [FR Doc, so-aa28 Ftled 4-13'est 8.485 sm). ha.- ( Premiums. which was publiebedesL'hfne

construction authorization ora license.

- a coor roeo-ow '*tylittcp M u-

""*U

. 30r1988 (53 FR 24906). Apperidfx B to the U."

.4

3..ggg -

e

,e

-.'..:..~.~.

...m.;...

.s :

.'. _ x.. p.%,j. r. o ; L,. '.'. g..na.. a

.'..,2st y w:....n.,s..;

M

+

...w..y j

).

(,.

.t..

,,