ML20034C751
| ML20034C751 | |
| Person / Time | |
|---|---|
| Issue date: | 04/13/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Bryan R SENATE |
| Shared Package | |
| ML20034B636 | List: |
| References | |
| NUDOCS 9005080147 | |
| Download: ML20034C751 (2) | |
Text
_ _ _ _
t f,$
'o,,
umTED sTAtts
'y g
NUCLEAR REGULATORY COMMllMilON W ASHINGTON. D. C. 20065 i
l l
"%.*..+
April 13, 1990 l
s WAIRMAN
)
i The Honorable Richard Bryan i
United States Senate i
Washington, D. C. 20510-6175 j
Dear Senator Bryan:
i I am responding to your letter of February 20, 1990, in which you 3
and Senator Reid expressed concern that the Nuclear Regulatory 1
Commission (NRC) might attempt to tailor its regulations to facilitate the licensing of the Yucca Mountain site as a-geologic repository for high-level waste, notwithstanding technical in--
adequacies that might exist at this site.
These concerns appear to have arisen from the Department of Energy's (DOE's) presenta-tion to the NRC on December 20, 1989.
As I have indicated on earlier occasions, the Commission intends to carry out its regulatory responsibilities for the review and evaluation of a geologic repository in a fair and responsible manner.
The decisions that the Commission renders will reflect our independent and objective assessment of the technical adequacy of the proposed repository.
Consistent with this commitment. I can assure you that the NPC will not tailor its regulations for the purpose of inappropriately faci'itating the l' censing of the Yucca Mountain site.
Because of the first-of-4-kind nature of the geologic repository program, however, we anticipate that the need for changes to our regulations will be ider,tified.
Indeed, we have already identi-fied instances where revisions to our regulations are necessary.
For example, in 1985 the Commission amended its regulations to l
include technical criteria that would apply to the characteriza-tion of repository sites in unsaturated media, such as at Yucca Mountain.
Additional changes will likely be necessary to address l
uncertainties that exist in the current regulations, to clarify ambiguity in how the regulations will be applied, and to conform our regulations to the forthcoming standards to:be established by the Environmental Protection Agency.
These revisions, as well.as any future changes, will be developed according to customary pro-l cedures under the Administrative Procedure Act and the Atomic i
Energy Act W.lich provide for interactions with a wide range of outside parties to solicit comment.
Under these procedures, the State of Nevada would continue to have an opportunity to express its specific concerns.
9005080147 900413 PDR COMMS NRCC s
CORRESPONDENCE PDR j m
r-2 Pith regara to DOE's role in this process, the NWPA itself tpecifically contemplates a process of extensive, informal interactions between the two epencies orior to the formal sub-nittai of a license application; The Commission believes that such continuing interaction with DOE is an essential element of our program, it is entirely possible that because of DOE's responsibility for repository development, a need for changes to the regulations may be identified by 00E.
This should be expected as a logical outgrowth of our interactions with DOE throughout the pre-licensing phase.
The Commission's evaluation of any DOE recommendation for rulemaking will be undertaken in an open and objective manner, ano all interested parties, inclucing the State of Nevada, will have the opportunity to participate in this process.
As to DOE's specific recommencation to pursue a " collaborative approach" to rulemating, we do not construe that suggestion to contemplate anything beyond the process described above.
Should DOE envision something beyond this process, however, such as a joint responsibility for formulating changes to our regulations, we would have to view such an approach as inconsistent with our statutory mandate.
As an independent agency, it 's the Commission's responsibility alone to establish the regulations that will govern the licensing of a geologic repository.
I want to reiterate that the Commission intends to carry out its regulatory responsibilities in a f air and responsible manner.
You can be certain that the State of Nevada's concerns, along with those of other interested parties, will be thoroughly and objec-tively evaluated before the Commission arrives at any rulemaking or licensing decision affecting the Yucca Mountain site.
Sincerely,
= %. O2.o~-
Kenneth M. Carr l