ML19332E455
| ML19332E455 | |
| Person / Time | |
|---|---|
| Issue date: | 12/01/1989 |
| From: | Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Miller V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| References | |
| REF-WM-3 NUDOCS 8912070248 | |
| Download: ML19332E455 (6) | |
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DEC - 1 1999 i
MEMORAh0VM FOR: Vandy L. Miller, Assistant Director for State Agreenents Program State, Local, and Indian Tribe Programs FRON:
Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning, NMSS
SUBJECT:
LLWM STAFF REVIEW OF ILLIN0IS PLAN FOR LICENSING A LOW-LEVEL RADIDACTIVE WASTE DISPOSAL FACILITV t
The LLWM staff has reviewed the Illinois Plan for Licensing a Low-Level Radioactive Waste Disposal Facility which you sent me on October 19, 1989.
Overall, we do not believe the plan provides enough detail to accomplish fully 0
its stated purposes, or to address adequately foreseeable public concerns about
.the licensing process in Illinois. In support of this view, we have the following comments:
1.
As provided to the NRC staff the plan lacks sufficient detail to assess its utility in meeting its fIrst stated purpose of providing "a detailed description of the specific process that the licensing staff will follow when evaluating an application for a license to construct a LLRWDF".
(See page1.) This in turn may impair achievement of the related purposes of using.the plan for " evaluating the status and performance of licensing reviews" and "facilitat[ing] public understanding of the regulatory
. requirements and functional tasks involved."
2.
The plan does not sufficiently explain how IDNS will avoid the appearance of a conflict of interest given the fact that the agency is responsible for both siting and licensing a low-level radioactive waste disposal facility. Even though these activities reside in two separate programs l
within IDNS, the plan does not explain how they will address this concern using the same in-house technical expertise, legal counsel, or
-administrative services. Nor does it explain how the licensing program saintains independence when both the siting program manager and the licensing program manager report to the same imediate supervisor, the IDNS Director. Further, it is the 1015 Director, according to the plan (Figure 5, p.19) who makes the decision to issue or not issue the license.
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'3. ' The plan does not reflect the rec;nt decision by Governor Thompson to
' require detailed evaluation of two distinct sites for disposal of LLW.
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The potential need to justify the selection of the preferred site over L
another comparably evaluated alternative may have some impact on the licensing process, but the plan does not appear to address this i
possibility.
4 The plan does not address the potential impact on the licensing process of i
the recent replacement of the prospective contractor applicant. The plan should discuss the means by which data collected and analyses completed by the former applicant designee will be considered in the application review.
5.
The plan seems to anticipate very limited consultation with other Illinois state agencies, and no consultation with federal agencies or other states with applicable expertise or licensing experience.
6.
The plan provides a reasonably complete list of technical.. legal, and regulatory issues to be considered in the licensing process. The document provides no insight into the process by which the analyses and conclusions developed for each of these areas would be integrated into a licensing recommendation, however. Nor does the plan identify or discuss the regulatory >roducts expected to result from the license application review, suc1 as a Safety Evaluation Report, an Environmental Report, or Supplemental License Conditions.
7.
The plan does not appear to include measures to enable the regulatory officials to assure themselves of the integrity of information submitted by the applicant in support of the license application.
We believe that a licensing plan should include requirements for submittal of licensing information under oath or affirmation, and the IDNS plan should reflect a comitment to enforce them as needed.
If you have any questions about the contents of this memorandum, please contact Jim Shaffner at extension 23450.
ORIGINid SIGNED BY Richard L. Bangart, Director Division of Low. Level Waste Management and Decommissioning, NMSS 1
Distribution: TICKET i LLWM 89-110 Contral dile 4 409.14 NMSS r/f RBangart, LLWM JGreeves, LLWM MBell, LLRB" #3 JSurmeier, LLTB PLohaus, LLOB RMacDougall, LLOB JShaffner, LLOB JLepre, LLWM KSchneider, SLITP JJones, LLOB t/f JJones, LLOB r/f PDR YES LU PDR NO C Category: Proprietary L/ or CF Only C
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SUBJECT AB CT:
ILLINDIS L T EICENSING PLAN
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Date:11/22/89
- 11/24/89
- 11/24/89
- 11/ 27/89
- 11/3t/89 :11/ /89 0FFICIAL RECORD COPY
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'33 / The plan'does not reflect the recent decision by Governor Thompson to A.
,- require detailed evaluation of two. distinct sites for disposal of LLW.
The potential-need to justify the selection of the preferred site over another comparably evaluated alternative may have some impact on the 11icensing process 'but the pl6n.does not appear to address this possibility.
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4.
T lan does not address the potentia 1' impact on the licensing process of i
the, cent replacement of the prospective contractor applicant. The plan shoul discuss the means by which data collected and analyses completed by 1
thu former applicant designee will be considered in the application i
c review.
j I
c eams to anticipate very limited consultation with other Illinois v
'5.
The plan state agencies.:and no consultation with federal agencies or other states s
_ ith applicable expertise or licensing experience.
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. The plan pro \\ tides a reasonably. complete list of technical, legal, and
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regulatory-issues to be considered in the licensing process. The document provides no insight into the process by which the analyses and conclusions s
developed for each of. these areas would be integrated into a licensing
" recommendation, hvwever. Nor does the plan identify or discuss the Gm..
regulatory )roducts expected to result from the license application review, suc1 as a Safety Evaluation Report, an Environmental Report, or i'
Supplemental License \\ conditions.
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7.
.The plan does not appear to include measures to assure the integrity of l
1-information submittedLih support of the license application.
We believe
-that a licensing plan should include effective, enforceable measures i
against falsification:of ' documents and material false statements, and the IDNS plan should reflect aiconnitment to use them.as needed to maintain
. public confidence in the State's licensing process.-
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If you have any questions about the contents of this memorandum, please contact l<
Jim Shaffner at extension 23450.
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Richard L. Bangart, Director Division of Low. Level Waste Management and ecommissioning, NMSS Distribution: TICKET f LLWM 89-110 Centra'l File #-409.14 NMSS r/f RBangart, LLWM JGreeves, LLWM-MBe'll,LLRB JSurmeier, LLTB PLohaus, LLOB RMacDougall, LLOB JShaf,fner, LLOB JLepre, LLWM l-KSchneider, SLITP JJones, LLOB t/f JJones, LLOB r/f
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PDR YES' /T 7 PDR NO L__/ Category:
Proprietary /
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ACNW YES T7 NO
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ILLINUT5 LG"IICENSING PLAN
- SeePreviousConcurranc\\
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- SUBJECT AB CT:
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- NM55 OFC :LLOB
- LLOB"
- LLOB' NAME:JShaffner/jj:RMacDougall:PLohaus
- MB I iRBangart :
Date:11/22/89
- 11/24/89
- 11/24/89
- 11/q/89
- 11/ /89 :11/ /89 0FFICIAL RECORD COPY l
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- 3.
- The plan does tot reflect the r: cent decision by Governor Thompson to require detail:d evaluation of-two distinct sites for disposal of LLW.
p+
The potential need to justify the selection of the preferred site over another comparably evaluated alternative may have some impact on the i
licensing process, but the plan does not appear to address this
. possibility.
4.
The plan does not' address the potential impact on.the licensing process of
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the recent replacement of the prospective contractor applicant. The plan should discussith", amans by which data collected and analyses completed by a former applicant designee will be consideretin the application C
iew.
,+
i 5.
.The lan seems to anticipate very limited consultation with other Illinois U
state gencies, and no consultation with federal agencies or other states with.a 11 cable expertise or licensing experience.-
i 6.
The plan p vides a reasonably complete 1ist of technical, legal, and
~
regulatory sues to be considered in the licensing process. The document provides no.1 ight into the process by which the analyses and conclusions developed for e ch of these areas would be integrated into a licensing recommendation, wever. Nor does the plan identify or discuss the regulatory product expected to result from the license application review, such as.a S ety Evaluation Peport, an Environmental Report, or Supplemental License onditions.
7.
The plan does not appea to include measures to assure the integrity of information submitted in pport of the license application.-
We believe
. i
-r that a. licensing plan. shou include effective, enforceable measures i
against falsification of doc ments and material. false statements, and the IDNS plan should reflect a c itment to use them as needed to maintain public confidence in the State licensing process.
I If you have any questions about the co tents of this memorandum, please contact Jim Shaffner at extension 23450.
Richard. Bangart. Director Division f Low. Level Waste Managemert and Dec issioning, NMSS Distribution: ' TICKET f LLWM 89 110 Central Fil f 409.14 NMSS r/f L
RBangart, LLWM JGreeves, LLWM MBell,Lt.$B JSurmeier, LLTB PLohaus, LLOB RMacDougall, LLOB JShaf f ner,N. LOB -
JLepre, LLWM KSchneider, SLITP JJones, LLOB t/f JJones LLOB r/f PDR ' YES LT'7 PORL.NO.- O Category: Proprietary C or CF Only L/
l ACNW YES I7 NO C
s SUBJECT AB CT:
ILLINDIS. LITTICENSING PLAN
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analyses completed by the former applicant designee will be considered in the application review.
y 45.
The plan seems' to suggest a rather insular' approach to licensing in that c'
it suggests.very lim < ted consultation with other Illinois state agencies and, as far as we can tell, no!consultaticu with federal agencies or other i
states with applicable expertise and licensing experience.
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E 6.
'The plan provides a reasonably. complete list of technical, legal, and regulatory issues to be considered.in' the licensing process. However, the L
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document provides no insight into the process by which the analyses and conclusions that would be developed with respect to each of these areas E
would e integrated into a licensing reconsnendation. Nor does the docume discuss the products that would be developed as a result of the plication review (e.g. Safety) Evaluation Report, Environmental u'
license plemental License Conditions.
Report, S 7.
The plan doeg not appear to include measures to assure the integrity of l
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information submitted in support of the license application.
Any
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l licensing plari should: include effective, enforceable measures against J
material false tatements and the lan should reflect the commitment to use them upon t first evidence o such statements in order to maintain y
public confidence in the licensing process.
If you have any question about the contents of this memorandum, please contact
_ Jim Shaffner at extension 3450.
Richard L'. Bangart, Director Division of 1
Low. Level Waste Management l '.
and Deconunissioning, NMSS 1.;.
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Distribution: TICKET f LLWM 89 110 ntral File # 409.14 NMSS r/f
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LRBangart,LLWM JGreeves, LLWM MBell, LLRB JSurmeier, LLTB PLohaus, LLOB
'RMacDougall, LLOB JShaffner, LLOB JLepre, LLWM KSchneider, SLITP ones, LLOB t/f JJones, LLOB r/f 1
PDR YES S y.
PDR N0' L/ Category: Proprietary L,_f or - CF Only L'""7 ACNW YES /T7 NO
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I SUBJECT ABSTRACT:
ILLIN0IS LLW LICENSING PLAN g
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NAME:JShaffner/jj :RMacDougall:PLohaus
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7; Date:11/u/89
- 11/:'/89
- 11/ /89
- 11/ /89
- 11% /89 :11/ /89 0FFICIAL RECORD COPY l-4
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