ML20042D841
| ML20042D841 | |
| Person / Time | |
|---|---|
| Issue date: | 03/22/1990 |
| From: | M'Lita Carr NRC COMMISSION (OCM) |
| To: | Winslow C AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20042D842 | List: |
| References | |
| NUDOCS 9004100245 | |
| Download: ML20042D841 (34) | |
Text
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March 22, 1990
- CHAIRMAN l
Mr. Christopher Winslow 500 Simpson Place Peekskill, New York 10566
Dear Mr. Winslow:
I am responding to your letter of February P.1990, concerning the progress being made by the United States toward the disposal of high-level nuclear waste. This issue, as you point out, is critical to the continued viability of I
nuclear power as an alternative energy source in the United States.
The U.S. Congress, in enacting the Atamic Energy Act, clearly recognized that the comercial use of nuclear energy, while promising substantial benefits to l
the nation, also involved the use of a technology with potential risks.
To ensure that uniform safety standards were applied to this technology throughout the country, the Congress vested regulatory authority over nuclear power with the Federal Government, initially with the U.S. Atomic Energy Comission and 4-subsequently the Nuclear Regulatory Comission (NRC).
Federal regulators have i
i been aware of the need for the safe disposal of high level waste since the early days of the commercial nuclear power program.
Initially, reprocessing of i
spent fuel was planned as a key component of waste disposal.
The plutonium and t
uranium would be removed for recycling as new fuel, leaving principally short-lived fission p'roducts to be stored and ultimately disposed of in a l
repository. However, President Carter decided to disallow reprocessing in the comercial nuclear industry because of concerns about diversion of plutonium i
and proliferation of nuclear weapons. Subsequently, he initiated studies to support the deep geological disposal of spent fuel without reprocessing.
i i
As a result of this change in direction, Congress passed the Nuclear Weste l
Policy Act in 1982. Under this Act and its 1987 amendments, the Department of Energy (DOE) was assigned responsibility to design, construct, and operate a i
high-level waste disposal facility. The Environmental Protection Agency was i
charged with developing standards governing radioactive release from the site, J
and the NRC was given responsibility for licensing the facility if it could be shown that it meets safety and environmental standards.
The DOE has developed a detailed plan to evaluate the site at Yucca Mountain, Nevada, for use as a repository for spent fuei. The NRC has reviewed and comented on that plan.
If no flaws are discovered that disqualify the site, the nation will ultimately have identified an acceptable location for the disposal of spent fuel.
If for some reason Yucca Mountain cannot be qualified, the Secretary of Energy will provide recommendations to Congress for further action to ensure the safe, permanent disposal of high-level waste.
9004100245 900322 CGMMs NRCC
)
PDR CORRESPONDENCE FDC
').
P.r. Christopher Winslow The h'RC is mindful of the importance of waste disposal to continued safe operation of nuclear power plants.
As a result, in 1984, the Comission concluded a generic rulemaking proceeding to reassess its degree of confidence that radioactive wastes produced by nuclear facilities can be safely stored until they are disposed of. This proceeding, which is known as the
- Waste Confidence" proceeding, concluded that a geologic waste disposal facility would be available within an acceptable time frame and that in the interim, spent fuel can be safely stored in the reactor cpent fuel pools or at other on-site or off site spent fuel storage installations.
We are now in the process of reviewing the 1984 conclusions. A proposed review and revision of the Waste Confidence decision was published for coment on September 28, 1989. This proposed review, a copy of which is enclosed for your information, while extending the date at which a repository is expected to be operating, did not substantially change the Comission's 1984 conclusions.
Although technical and institutional issues remain, I believe the technology is available to dispose of high-level waste in a safe and environmentally sound As with any complex undertaking, however, we must work our way through manner.
several problems, which may take considerable time.
I have confidence that the United States will develop an environmentally safe repository for the disposal of high-level waste in the foreseeable future.
Sincerely, w 'h.
Kenneth M. Carr
Enclosure:
As stated D
Tederal Reg 6eter / Yol. !.4. No.187 / Dursday. September 24, 1999 / Propowd Rules 3S?S7 Itest 30 years beyond the espiration of a do not fell within the scope of the enwronmentalimpacts for et imt 30 I
reactor e opereting beente no sirmhcar.t defmmon of small busiennes found in years beyond the hcanned hie for J
environmentalimpacts will result from section M of the 6 mall Buenness Act. In operation (which may include the term the storeet of opent fuel en reactor U.S.C. 632. in the small tuotons Else of a revised hoeneel of that reactor at its facihty storape pool or independent Stenderds set out in retroletions inued opent fuel storage bum et et either i
spent fuel storage matellouens located by the $mell Business Adatmstretton at onsite or offstie indeoendent opent fuel j
at re6ctor or away from reactor sites.
13 CTR part 121. or in the NRC's stre storspe muellations. Further, the ne preposed modification provides
- standeres pubhehed December 9.1965 Commeon believes thete le reasonable that,if necessary. 6 Pent fuel penersted (50FR60241).
suurance that et lent one mmed m a reactor con be otored ufely and without significant environmental ggg,g g, gig geologic repository wdl be evalleble j
within the firet quarter of the twenty.
impacts for et least 30 yurs beyond the This proposed rule does not modify or first century, and sumo 6ent repuitory i
hcensed hfe for operation of any reactor, edd to sy6tems, structume, componer ts capacity will be eve 66sble within 30 i
The been6ed life foi operetion of a or design of a factbtyt the design years beyond the 16eensed his for teactor may include the serm of a approval or manufactunne lscense for a opersuon of any reactor te d6epots of l
revised hcense. The environmental facihtyt or the procedures or the commercial high4evel was.s.ad j
analysis on which the revised genene orpamaeuon required to design, opent fuel engmating 6a such reactor r
determmeuon a bued see to found m construct ce operete a facthly, and genereted up to thet t6sne.
the proposed revision and supplement to
- ccordmply, no backfit analysis i
the Wute Conhdence findmps pursuant to 10 CTR 50109[c) p required Deled et Roc 6 ville. Maryland this uth day i
pubbshed elsewhere in this suue. This for this proposed rule.
of Septemter. tees.
proposed rulemaktna ecuan formally mcorperstmp the revised genenc List of Subjecu la 10 CFR Part 31 F8' th' N#51**' R88ul*l8'y Commmion.
I W C Hoyle.
determmation in the Comminion's Admmistret on proctice and repusauons has not separate procedure. Environmentalimpact Assinant secretaryof the Commeca.
indepenoent environmental lmpact. The statement. Nuclear snetonals. nuclear S Doc. amao riled W.et t al emi proposed supplemental a6eessment and pow er plants and reactors. Reporting o n eeensnews.s revisions to the Weste Con 6dence and recordkeepmg requirements.
hndmes are es ailable for inspecuon at For the repons set out in the is CPR Port $1
~
the NRC Pubbc Document Room. 21 0 L preamble and unc'er the authonty of the trett. Low er 1.4tel NW. % ashmston.
Atomic Energy Act of itM. as amended.
Weste Conf 6 dense Deelsten Rev6ew the Energy Reo1amsauon Act of1974.
as amenced, an & U.S.C. &&3. the NRC aesseert Nuclear Repuistory Peperwork Reduction Act Statement This proposed rule does not contain a is Proposms to adopt the following Comnuosion.
new or amended information collection amendment to 10 Cm part St.
acneet Rev6ew and proposed revision
"""***bd'"**""*"*
requirement subject to the paperwork PART li-ENVIRONMENTAL Redut hon Act of 1940 (44 U.S.C. 3!.01 ti PROTECTION MEGULAfl0NS p0R susessaart On August 31.1964, the 8'O
'["8[Q i DOMESTIC LICENSING AND RELATED Nuclear Regulatory Commiulon (NRC) a u ne Of g
REOULATORY FUNCTIONS luued a final decnion on what has udget pproval num 1.
i Regulatory llen sbility Certsfocotton 9n't nues as follows 0 ' *
- P* P0H CI As required by the Regulatory that proceedmg was "' ' ' to spess Tleubility Act of 1980,8 U.S C. 60$tb).
Avtbenry: Sec.161 to Stat. Ma. es genencally the degree of assurance now 1
the Commission certtfles that this rule,if l*m$o*Iba sNb eme'n*ded.1M4 available that radioactive weste can be l
edepted. will not have a slgnificant (42 U.S.C 6441. neul.
6afely disposed of, to determine when economic impact on a substantial Subpert A eleo toeved under National euch disposal or offsite storage will be number of small entities. The proposed Environmental pehey Act of tees. 6ecs.102, available and to determine whether i
tule would desenbe e revised basis for 104.106. 83 Stet. ent ste. es amended (42 radioecuve weste can be tafely stored contmuing in eflect the current U.S C. 43*L 43M. 43861: and pub.1. e640s, onsite past the expiraties of eusting provisions of 10 CFR 81.33(b) which T3de 11. 88 84t. sess apst. 5eas, nao. 61.m facility licanus until offelte dispoul or provides that no discuss 6on of any 51.00. 61.et. $1.a0. and St.or eleo issued under storage is available." (49 m 34664). The environmentalimpact of opent fuel
!!n in Hl. pub.1. W E N Ent.134 purpose of this notice is to present for j
" 41 no
{
pubhc comment the p od findings of storare in rector facility storage pools or 3
U d.
.t Independent spent fuel storate 51.:2 also mued under ne. art. to stet. 6aa.
a Comentulon tvew that Decision.
Installations (ISFST) for the period se amended t y 92 Stat. 3on-3034 (42 U.S C.
The Commission noted in1964 that its following the term of the reactor 2021).
Weste Confidence Decision was operating license or amendment or Section 81.23. aragraph (a)is unavoidablyin the nature of a i
intual ISTS1 license or amendment for revind to read as llows:
prediction. an,d co,mmitted to review its which apphcotton is made is required tn g,,gj,,g,,, o should sigmficant any environmental report.
l61.38 Temperseyeteropeof opentsuet and pertinent unexpected events occur environmentalimpact statement.
efter eesseteen of eeester operamerm or at least every five yeare uritil e environmental anessment or other tenene seterminateen of no esenmeent repository is available."
analysts prepared in connection with onwonmental ameen The Comminion has reviewed its five certem actions.nis rule effects only the (a)ne Commiselon has made a fmdings and the retionale for them in beensing and operation of nuclear genenc determination that. if necessary, light of developments since 19M. This power plants. Entities seeking or holdir:g spent fuel generated in any reactor can proposed revned weste Confidence l
Comminion heenses for such facihties be stored safely and without sigmhcant Decision supplements those 19M
[
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l
' t les Fedesel Registee / Vd. M. N3.187 / nuroday. September ag Some / Proposed Rules.
f.ndmee and the esewommental snelyene Fire!)y. the -- proposes to Os lues D 1er7.NRC deseed the e
turportwis them. De Comennesson estead the cyde of 6te Weste MLDC pouwen ne -== esed i
r proposes that the essend and fourth Camfede.nos reviewe frose every Ave that in amoung operstaes bessess. NRC J
fadmes in the Weste Confidence years to every tem enhl e repenitary mut heee soeurones theit messes see he j
Decissac be revised as follows:
teenmas evedoble. no 6te 1the Demosen, esfely hanaled stad etered as they are Fthdmg 2: ne amminaion ihnde the
^====aa=
ee&d that bessess ele generend. it else need theit et le not r
r l
teesonsble aneursese that et leset one conclusions were "* *
- unavoidably 6n necessary for perman-e deepenal to be n.ined peolept reposenery wdl be
, the meture of a presbemos.* It would avenlable hl NRC could be semisdent thei 1
esedeble withee the brot guereer of the renew them *' ' 'should essenfeenet perunament shapessi sound 6, twenty hret tantwy.and that sufficient and uneapected events occur, or et leest accosephahed w hen swesseery. NRC repository cepocity will be anilable every fa e ) eats unul a repository * ' '
added met Congrees wee owere of the withm 30 years beyond the linuneed is eveilable " As noted below the re6themehip betwoes mise 6eet remotor hfe for operetsen of any poector to Comension now bebeves that operetsene and the redseestree weste dispope of the som mere 6al bish-level predictions of repeestery evadab6bty are disposal problesn. and that NRC would radioscuve weets and opent fuel best empressed to teries of demodes not refrem trem nosetag rooster ongmeting 6n wch reester and tother than years. To speedy a peer for opwating beeness metal the shepoemt gerereted up to that time, the espec'ied evadabibty of a popositeey prob 6em wee resolved, he --
r Finding 4: ne -.
ia= f6ade decedes honee wesid " N, else etened that it *' ' ' weeld met r
l reasonoble se*urense that. 6f neceenery, imply a deres of presseen now enemmes to beenes roostare af it did no spent fuel genweted to any nector can unettomable. Aaserghagly,the have rossomehle eenhdemos det the
)
be stored sefely and without significant Commission proposes to change 6Ls westes can and wdlla due soeres he I
environ:nental isspeone for et least 30 ontmal commitment in order to review disposed of esiety."
)eers he yord the licensed 11fe for its Weste Conndence Decision at leset Also in November 1spe, two sellity cretetion (whic.h may 6nclude the term es try ten ) ears. This wou6d not, compareas respeested aseendmente to of a revised liceneel of that reactor et its how ever, deerurb the Cosemise6on's their operating beenees le perunt spent fuel storere beein, or et either entnel comnutaneet to renew its espano6en in the especity of this opent onsite or offsite independent opent fuel Decision whenevw oismAcant and nualeet fuel storepe peo6e Verinont j
storeee instellelions.
Isertment uneapocted evento secur.
Yankee Nuclear power Corporot6en for j
The Corrimission proposes to reefrtrm cef ts: The comment penod empires the Vermont Yet hoe plent: and the rememing findega. Eu.h findant er.y December M 19es. Commeets received Northern Stette Power Company for 6ts preposed revisions, and the ressons for sfler this date wdl be considered if 6t to Prairie talend fecility, in both enese. the revisms or reeffirmmg them are act forth procucal to do me, but soeursace of utilities planned to increase storope j
in the body of the renew below.
conmeereuen tennot be even essept to capocaty through deter apaang et opent i
ne Commission eleo 6sened Iwe commente reesived on or before this fuel essemblite m emioung trent fuel J
compamon rulemaking omendmacte at dete.
pools. De New England Coalit6on on the time it issued the 1964 Weste Nuclear powet and the Minnesete a
M ad W ten m m entstm, Confidence Decision.no Commnaion's pollution Control Agen intervened.
no NRC staff evaluete7the requeste fos,7',((,"
}
nector beneing rule.10 Cm n na
,,D E*
weo amended to require each scanned s'id found that the modificeuene would reactor operenor to subseit no later then Attention: Docketing and Sernce not ende er public health and eefety, Branch. Deliver commente to One White five years before aspiration of the Flint North.11666 Rochvdle Pike, ne He# W not conMder any powenel eperstma ticenoa. plane for meneging Rockville. MD betweten t.30 s.m. end
- #0"**"I'N" 'I U "'8' 'I'#'"I 4.18 E.m. weekdaIt' fud at N necure beyond N dHos of spent fuel et the reactor site ur.tal the l
spent fuelle transferred to the expiration of their opereunglieer.ees.
Department of Eneetty (DOEl for eon tummen moomesanon senact:
NRC's Atomic Esfety and IJoensing I
disposal under the Nuckeer Weste Policy Rob MacDousellOffice of Nudeer Board Panel (ASLBP) adopted the staff 6 Act of 1982 (NWPA).10 Cm part 61. the Metenal Sefety end Seforuards. U.S-safety and environmental Aedings and rule dehning NRC's responsibihties Nuclear Regulatory Commission, approved the license amendmente for under the Nat6onal Eawrotunental Policy Woohington. DC 30883, telapphone (302) the two plants. it too did not eensider Act (NEPA), was amended to progide 4924401: or lohe Roberts.Offlee of the effects of al teactor storage beyond that, m connecuen with the noemence or Nudear Material Safety and Safegvude. the empirebon of the fac6lity operstmg emendment of a reactor operoung UA Nudeer Regulatory Comen6eeson.
heenes.
i I
license or trutsal16comes for an Weshington, DC 30666, telapphone (302) ne Board's decision was appealed to i
independent opent fuel plotage 492-000s-the Atom 6c Sofety and !Jeansing Appeel initellet6an, no dinouse6en of any susocasserrame esponenefieser Board (ASLABl.The AELAB offarined ennronmentalimpact of opent fuel the Liconoms Board's docio6en, seung the storepe 6s required for the perted CommioMon's "' ' ' ressenable l
followmg empiretion of the beense or in November 137s. the Natural confidemos that westos can and will in I
smendment applied for.
Resources Delense Council (NRDC) due course be abaposed of esfely ' ' '"
l in keeping with the proposed revised petitioned NRC for a rulemaking to in the Comeute60n's denLot of the NRDC Findings 2 and 4. the Conumiss6on is determine whether radioactive westes petit 60n.De decision of the AELAB wee l
prendme elsewhere in this inoue of the penereted in nudeer power reactor can appealed to the UA ursuit Court of Federal Register proposed cortforming De subsequently d' of without Appeals.
j amendmente to its 10 CFR part $1 rule undue rnk to the pu beenth and On May an.1sts the Court dochnod to providing g M of considering in safety. The NRDC eleo requested that eley or vocate the heemse omahnte, licenemp pa M the environmental NRC not grant pending or furture but romanded to NRC the geest6on of i
eflects of extended onsite storoge of regneste for opereting liconess unul the
- *
- whether there 6e senseeable spent fuel Petitioned finding of safety was enode.
soeurones that en ofreite steense i
l l
l l
l L.
O
rederal Resister / Yol. H. No.137 I hteday. Septevnber C31938 / Proieoed Rcles 99789 solution will be es aileble by the yeare mmed geologic repeestery ne techrucelly for, amons other things, the development 200NXIg, the espiration of the Nants'
- feasible, of a amor.inesed retneveble storspe operating beenus. and if riot. w hether (2) One et more mined pologic (MR$) fasthty and two repositones, cne there is reasonable enutence that the repositonte lot commercial high level by estly 1938 ond e second. il fuel can be niel) stored at the reactor tedioactive weste and opent fuel will be authonsed by Congrees. et a letet date, sitt6 t,eyond those dates.** In its eeitable by the yents 2007-2000. sud decmon to remand to NRC. for suffacient repository cepecity will be inmally planned by DOC for anos. For eet.h t,peestory the Act reguved DOE cor.siceration in either a genene en eilable within 30 yeare beyond to conduct m aw meestapotions of three rulemskms et en adludicatory emptration of any teettot operating rroccedms. the Court obsers ed thet the heeue to dispose of entating sites and recommend one from omong inves of storage and disposal of nuclear commercial high level resioactive wesie etm to the Prwieent sad Constess lot repository geselooment. no NWPA wasie wtre being considereo by the and spent fuel onginetmg m such else requ6ted DOE to tooemmend. from Comminion is on ongoing genenc reactor end genereted up to that time, proceeding hnown se the "$.3 (3) High. level reaioactive weste end among etwtneuve sites and designs. e Protetdes" on the environmental spent fuel will be monoped in a sele sta eng g,eteniw en MR5 for spent fuel impacts of wentum fuel cycle activities menner until sufficient typoottorY and high. level wMie management to support the operst60n of a heht wetet capacity to evellable to seeisto the sefe before emponal.Tk Consneenote reactor, and that it was appropnete to disposal of all high. level tedioactive liceneing and regulatory authority over remand in hght of a pending decision on weste and spent fuel.
both storop and dispuoiloc616 tin was that proceedme and analpie.
(4) !! necepory. opent fuel genetoted proerved by the Act, On Octoter 13.1979. NRC ermounced in any reactor can be stored safely and in tk low was ther esosiainent of that it wes mitteting a rulemaking without siyntfacent environmental the NWpA. DOE met a numbee of the procetoms tn reponse to the Appests irnpaett for at leset 30 yeere beyond the ggi.e mly preprom toeuntesments, but Court remand and se a continuation of espiretion of that reactor e operating
, g,,,,,,,ng,,,g,,,,g,,,,, g,gg,,,gi,g, the NRDC proceeding. Specifically. the htense et tnat reactor's spect fuel 14 published a feel Mission plan for the purpose of the proceeding was for the storate basin. or et either onsite et overall NWPA prestom, and followed Commission " ' ' to tensess its offsite morpendent spent fuel storage with e Protect Decision fichedule for degree of confidence that radioactive installatior.s.
DOE and other Federal agency actions.
westes produced by nuclear facihties (51 befe mdependent onette or offsite 1i pmmuIpud. w.ith Comeiosion will be solely disposed of. to determme srent fuel storate will be tnede concurmnte.e at of guip'i P en fw
.nen any suc.h disposal will be es ailable il such storage cepecity is
P 8*"
8 available, and whether such westes een eteced.
pbs alt 6niA[lon l
be solely stored until they are disposed On the day the Decision was issued, suusments fw nme candidou of, the Commtseion oleo promulsetod two
P'888"Y 'd'8. ""4 #88'"*884'd th4' The Comminion recognited theI the rulemaking smondmento:(1) Am for chorectonesties. it oempleted and scope of this proceeding would be amendment to to CFR part 30. which submitted to Conprose en enysronmental bro:det then the Court e instruction, required that no letet then hve yeere opWnmnt, a progr$2 los.,and a which required the Commission to before emptrelion of reactor operetme pgemlwith a sim sa dwien fM en addren only storspe related questions.
licenses, the hceres must provide NRC re$. All these actions followed The Comminion beheved, how es er. that with a wr tten plan for management of eaunsive intweetions with interested the pnmary public concem was the opent fuel onette, until title for the spent Federal agencies. State. indian tnbel.
safety of weste dtsposal rether then the fuelle transferred to the DOE: and (2 andlocal governments, and other availabihty of en off.shte solution to the amendment to 10 CFR part 81 which ) en ortenientions.In the course of these storate problem. ne Commission also provided that environmental activitnes. however. DOE else slipped its committed itself to tennen its basis for consequences of spent fuel storage after schedule for operation of the first confidence that methods of safe espiration of facihty licensee need not repository by five years. indefinitely permanent disposal for high. level we sie be addrened in connection with Postponed elforts toward e second would be eveitable when needed. Thus, issuance of or amendment to a teactor t'Pository, and had to belt further MRS the Commission chose as e matter of opeteting license, olting and development activities pohey not to confine itself eaclusively to in issums the part $1 emendment, the Pendmg CongrMeioul authertsetion, the narrower inves in the court remend. Commission stated that although it had in December,1337. Congress enacted in the Notice of Proposed Rulemaking, reasonable esaurence that one et snore the Nuctur Wute Policy Amendments the Commission also stoled that if the repositones would be evellable by 2007 Act (NWpAA).The NWPAA redirected proceeding led to a finding that sete off.
2000. 41 wee possible that some spent the high level weste progros by site storep or disposalwould be fuel would have to be stored beyond overending ette chorectorseet6en available before empiration of facillry those deles. De port 81 emendment activities for the fhret repository et sites operstmg bcenses. NRC would wee based on the Commisalon's finding other than the Yuote Mountain site, and promulgate o rule providing that the in the Weste ConfidenceProceeding by suspending all ette specific activities impact of onsite storspe of spent suel that it had teetonable esaurence that no with respect to a second repository. The after expiretion of facility operating significant environinentellmpacts will Amendments Act also authertsed and beenses need not be considered in result from storop of opent fuel for at set schedule and cepecity limits on the individuallicensing proceedings.
least 30 years beyond expiration of MRS. ne purpose of these limitations, ne Weste Confidence Decision wu tuctor operating licenue.
ecoording to sponsore of the le.gislation, issued on Aurust 31.1934 (43 FR 346581 Enoctment of the NWPA contributed wee to ensure that en MRS would not In the Decision, the Commission made significantly to the basis for the become a substitute for a geologic five findmps. it found reasonable Commission's 1934 Decision and repository, assurance thet:
companion rulemakings.no Act Consistent with its coensnitment to (1) Safe dispoul of high. level estabitsbed a fundma source and revlett its Weste Confidence conclusions radioactive wesie and spent fuelin a process with milestones and schedulee et least ev6ty five years, the
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Fedesel Register / W1. 'i4. N3.187 / Thursday. Septeseber 28. 1900 / Proposed Rules gypys Commkman hos endenden the terrtent Comm6eWen seeks poenment on whether R Relevemt inun Nt H'*w Ai*w ema renew to eewee see eflees of these end it h:s idanbf+d cli Se house relevoet to ** C""**'** e One"*l Des =*e og its propoord hndeego, and es erheth r its I'"d"9 8' other developmente. sense 19e4 en the oo,,Wueio.e ou ssee -.e 6,+ ~ ' a -=-
he.,e io, es deau,,,eni..a of e e, n d.,o. in ai, t,e,en,;,,,;e,,i,ses,,,e,,
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e Comm.ea.se so,,.ieme e e.e,,e -
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ae 6e.,e ie,,te eart.e, n,*, e e,,d me use,,ce,,s,,
o, ennrenmental enWyere of the 1964 Decm6en. De Commee6ee preposes to I nei, r-nodi"8 IV. Iourth e-Findes I
A l' esse Comeds,od en Casunesson's pese A loews Conseemed a reasson's tent l
emend 6te estead anshns. eenceming the. Weisen en noeme 1:
Demme en Meene e timtag of 6e}t6el evodebehty and suffacient c4pecity ef a repooilory, end I' g',",,A',* *** 'I 8'g,M,,*W',****
, g,",',,,';,",',','",',F,',,I ',',",,' I"'I '"d
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7
,,, g g ste leurth fhems, eencernma the i
g.enens 6trudem vid eseipsissie edeep tw I
l durette,i of sole speset feel Mort pe.
9g u,mesdamusee'n A ' ; oeste etiented fosihty oposues Ier sneempr.
mee proposed penseone me, tomed en poem.
setety w dry eney w esses h,et the following senanderetsene Ib) Effset of sepassemos as weste fe,e poten nel nahe of eemedeste and eene of (1) N hve wear etappspe, rem 1988 and wope paahege.
sobstage of spoet fuel ele,ege feelhtees to 3003. In the DOE hLa for
- 3. Devoteesiset of effecove seceomed S. Roteeost lesome mi hose Annen omse i
re,eniiory evedshiwyt benes sw==mg wona smm *e it. Com==use e onse.1 Demmes en (2)Tt.e sedit6cnol ehp of at least 18 I"D'P"e t Dd**e a months sense lassary tear 6e the DOE tel hashAB enemiele.
Radiological med om,ensbetsysel achedule for he meet a*P be ne (b) tamente and eb9t emelente.
- e Wmessend same tesi mampe.
1 B. Relevant tussee that Home Arison enese Peental deley se 6,et po i
the Cmesmasemen e Onpani Desenen en re. weis, deley in esemed,seenwy. bermee rePoellory preWPtek the estevenon of epseinary-1
- e an.4-earr **
nn,1,
.ee,,s ei e_ end ii.idae e, (3) W moon to oeshe.no etepunting
- 1. Tenemeten of identiple $ite no neg>lneset amones of M4eester posese for ite pensenhty eei the Yeces Cherenwmeum beyond as yews weer name, e basesed ble h40unte6m mit enght tw founsi unsuitetde
- 2. Relevance to NRCe 4-8 TeWe" for opereuen.
l epd thet DOE weidd beve to seatiene prot *eeme-3 latemH onel devenomnw in opent feel V. nhh Cessmannes imens
)
efforts to 6deshly and v.herecionee d4eceal 6ere'mmeney, A. lessee Cenniewed a - e Has r
anothat eine for the fir 6t repository; (4)The 6tetutory suspemon of ote.
C. Concusine en Medes 1.
en Fisie ne k spetafec activiums for the etc.ond
!! Setorid Comenman Findmg rnpoudiMy fe, heeh spesi ful eus, ope.
ttpositorvi A. lasute ConAidered in Commionion's test sponi fuel decherpe potoshone:
I
@) DOb eetmete that eine ec.rewung Decision em Masing t andwiry commiimoni to mysemesit o.,y, Ior a second repostory 1.Teennemel enanoudes-eisoi u yea,e bWe,s.should 6 tort e si., of w esie ieinad <
n e-o ewe ei.e = e f,een n.eci, sierop.
4 i
e.eit.se mtHeee - eene i
s.e,ia sed i~v ie -
ac comm oe.pn e orismei
.e j
(6) Lncreased sanfidanu te the safety (I'l Timeh eralement W www podeem nnd.ngk
{
of tatended spent fuel Horage, either at end empneems home5 Ruponesesy la opew feel messe heresid I PeatI#1 (elm YieYg l
',,"[ylfb
- Fedwel, sie a-ain- ~
.o ne,s e is wenology 3, d,y p,e,,;
e he Comeuto60s:is aiao proposma ft>l Contmuity of the stanagennant of the feedity under NWFAA:
ite W.,io,,,io,se,e,,neestiis e,o,o,e I
j elsewhere in Ltde issue of the Federal wece M*8 rom-usense mnewone; i
J llegister thet to CFR 181.23(e)14 (c) Dore unsdele for spositeiry ophone tw Wlow weep pdse PMPAA.
f emended to conArm with the proposed des etopment.
t i
tevisions to Rndmge 2 &nd 4.
E R6 event leones Nt Have Ar6een Weine Osiginal Fladies t Organdaaties and Table of Caetante hndI*2 De Comerunion firade reponeble t
l In conductmg this rev6ew, th, t puebel deley endw We payen W eesurance that safe disposal of high.
""8d'Ch'*'*"88 tion.
level radioecuve waste and spent ipl tri I
Commission has eddressed, for each of ite 1964 nnde88 two est4'*" of L P**"*' I'*"'*"*"* ** **b's of a seined geologic repository is evailability of dispeest espeebst.
techsucauy feuible, leeves. N nrot estegory consists of the tellenpct W pos>We hen pW issues the Commienton cons 6dered in sa pe,ry g yenne g,e,,g g ind,rmig Peepened FlodingI meklog each Finding at the time of the opepeneen of seemed spoonery m.
m, g,,,
initial Weste Canndonee Dee6eios. For -
(b) impost of sosenemer en opent I
these toeves, the Comm6es6ee to protesi6ene a esed to seemeder asesed JA. /seves coneielerodin Commise/on's interested in whether its conduelone, or m pow *'r P
- F ea-Jaed Oscielen on Finalist J the nnding these conchne6ene support.
L impoet W shapegue to Dot papes se l
should be e. hang *d to addrese new or evuieb hty of e esposeiwy when esaded ler 1.A.1.N Adonufbestie,of Acceptable 1 eMhm hashh and anley reneese.
Altes foresenble "' 'hro't Weste Confidence I
e, d,".7 C empheen a euWomanee Under the Nuclear Weste Polley Act f
enoen e6mm the Decio6en. no seesad estepery of itsves c.ces16es as ptoding g, of es (NWpA), the Department of l
j consbes of those the Comun6ee6en 1
bel 6evee sliculd be odded to the 19M
!!!. Third Commissies Meding Energy (DOE) had responsibility for l
inspes in light of embeetivent immes edued in Commison's me ' identifying torndedete elles fee e geologic developments. fTo oneble the teeder to g
,,,,,,,,,y,,g g,,,,,,,,,,,y ucensee esopheese with NRC #egenenues dmiopment,h AmWu6mnwnt follow teore teesh, the lengthy end beenee emed6dene, leading to recominendottee of eendidate i
di6cwHone of Find 6nge 1 and 1have sole muesoment of opet feel pet sites wee formel nouAcouse of Steles been orpenleed to addrese each or6pnel' empereuen of eeereties beeness:
with one or more poteseleDy eeceptable i
and asw inue ender subhoodinge,) m Antnebitwy of Dot lotwee morose sites for a repository withis go doye of t
e--
- ~, - -- w a n,-n,,---,--we-----------,n---e
,~r-
- + - - - - - - - - - - - -. - - - - - - - -.. -
n,-.,
--- - - ~ - - - - - -
--+--~-----,-~,,.--,e.
. - - ~
Fotwel Resistee / Vol. St. N2.187 / Thursday. September 83. tent / Proposed Rules 39 m enactment of the NWPA.1n February site. his demonen wee not L4eed on a meet NRC's techa6 eel aestone for 1963. the DOE idenufied race potentally technical eveluamos of the tree isoleung weetos. Seceeenal eine ecoeptable ones for the first reposnory.
tet.ommended utes or a speciumon that chaeacionantese does not mesonenly Tour of the eines were a beoded.seh the Hanford and Deaf Sanith sites wm preclude er hinder 6desenheeton of en formacons, three were to seit domes.
not techeateur sonoptable. Aseerding to senoptable ate lee e repeettery.NRC did one in volc4:uc tuff, and one in besalt.
sponsors of the loppston, the pnncipal empress sensors to Conspees, en several Tee NWPA required that each site purpose of the requirennent to append occamone dunes dobbersticas over the omitation be accoanpanied by on chorectenestion et these sites wee to proposed legaleuen, that esquential site cevironmental assenment (EA). In teduce costo. La eflect, the NWPAA chere9tenneteen could delay Decemter tgM. DOE pubhshed Dreft directed DOE to theretwnee esasbdete considerably me sehedene for opening a LAs IDEAS)Ior eme of the rune sites sites seguentially,if tieceepry, other repoptoryif the site immergoes idenuned se potenhall) ocerpteble and then simultpeously. Li DOE dewfounto cherectenneuen were found to be proposed the followmg sites ior et any time that the Yuc4e Mountom eine unheemeeblo. MtC ones endsested that riornmation. he reference repository is unsuitable. DOE is a terminate all thle poteetml for deley woWd heve to be location et Hanford WA: Yucta site chorectensaten attmues ud Mountoin, NY: Desf Smith County. TX:
report to Congrees its teessamondetions considered by NRC la reevenuetmg the Devis. Canyon. UT. and Richton Dome, for fue$er ecuono.
fmdmge a lie Weste Com.dence MS.1n May 1 sees DOE released Tmal ne NRC staff has 6dentif ed Decision. De 6mpact of th6e redirection of the bigb4evel weste peegrom on the EAs (FEAs) for the five sites nornmeted.
numerous neouse reewang the Yuces Coenmooien's Womes Ceefidenes At that time. DOE revesnmeaded thet Montem e6te that may beve a beenna fiassage to est se es ebebty to tdestify the Yucca Mounteln. Hanford, e,nd Desf on the 16aenesebihty of that site. hen Smith County onles underyo slte issues wit: heve to be suelved dunne technicsily ooseptable eHes, but on the chorectenseuen. De Pmeident site chorectenteben. An esemple of e Umme of avelebility of technicouy opproved the pocomumendebon, site teoue that may bear ce the quesuon oceeptable ones. Doestsee ne NRC st:5 provided etiensive of suitability is sectoruc scuvsty, the cherectorisetsee e(meluple sites comments on both the DLAs and the folding or faulting of the earth's crust Ln appem to be som dwestly rWowd to TEAS. NRC conceme on the IT.As the 19M Weste Confidence Dome 6en-the ummg of repeestory availabihty then related pnmanly to Dors failure to NI;C nowd that "' ' ' the potent al to the fossibility of geologic disposal.
recogrure uncertainty irtherent in the sitto being investigated by DOE ett in consideret6an of the above statement in regione el releuve tectonic stability "
hphs of the NWPAA peegram re&recuen esistmg limited date bases for the recommended altes, and the tendency cI The authonry for thle statement come will be d* cussed under Findmg 3.
DOE to present overly inoreble or from the l'oeiuon Statement of the U.S Another queouon boenas on whether opunpeut conduabons, he pnmary GeologicalSurvey USCSI.NRC has '
technically neceptoble stees een be tnient of the cosaments was to eesist totud concerne reg (artims tectonicfond te whenw esm DOE la prepenne high.euehty Site g,y,,,,,,,g,g p,,g,, phase wie Chmetenteuen Plane ($ Cps) for eeth actmty at the Yuece Mounten site in
,,y,,,,,,g,g,g,g,g,,,,,,,ggpA
,,,, 4 the comments on to draft and final g
g, site, se requimd under the NWPA.
EAs. and la the draft and final Pomt spent feland bigMnel ween een be before esteveuen of exploretory shof ts.
Papere on the Consultation Draft Site demonstrommwe standarde, hRC concems een only tie eddrentd Charactenaanon Plan. lfit appears ongmeh Paulgewd a Analform in adequately through the eite dunns site chatectensehon that the Stpwmkr last, wm vecewd in mhed W epa' 0'""'I APP'"I'luh charactenseuen process, beteuse one of Yucca Mountetn site will be yneble to O' EI
' "* d the purposes of this process is to develop the date to evoluste the meet NRC requirements regarding Munhw isoletion of weste. DOE will have to pneideration (see NADC v.KM &M F.
sientficance of concems relem e to site suspend chorectentation et that site and
.d M As ensinah pmulpad, h suitabihty.
report to Congress.
standarde set hatte on releeps of NRC did not 66enhty ariy fundamental DOE's prostem of alte scrooningin todioscun metonale from te sin inm techn6 cal flew or disquehlying f actor diffent geobsic meshe wee consistent the accepible environment ever a whic.h it beheved would tender any of with secuen italo)of the NWpA. which 10 er pened following disposel, the sites unsuitable for cherettenzetten.
recutred that DOE recoinroend sites in D*y a 60 mquimd that em be len Further. NRC did not take a posit on on d Derent poologic seedia to the extent than one chance 6a un het the mieen the tshking of the sitte in ordet of preference, betsues this sculd be practicable. This strelegy was to ensure limits will be eaceeded la 10.000 years, that t!eny one elle were found and less then one chenee la t.000 that viewed as a prejudgment of heenelns,
unsultable for reasons that would render releases will enceed tem uses the hmits issues.NRC wee not aware of any other sites le the some geologic anodium over 10.000 yeere, reason that wouldindicate $st any of unacceptable, ellemale ones in different In Past comments os draft and the candidate sites wee unheenetable.
host rock types would be eve 616ble.
proposed epa standarde, and la related Nor het NRC made any such findine to NRC referred to thle pokey la its inte NRC rulemaking efforte.NRC hee date with respect to any site 6dentified Weste Confidence Decision. when it exproceed eneem that probabilistic as potentially acceptable.
said,la support of its argumeni on entlysee should not be eaalusively in Merch 1g37. Congress began drafting legislation to amend the technteel fossibility, that ** *
- DOE's rehed on to demonstrete semphence program is prov6 ding information on site with epa release tunite.NRC's repository program. NRC provided therectonet6ce et a sufficiently large commente sold in part that "' ' ' [tjhe comments on a number of these draft number and venety of entes and pologic numencel probabilit6es 6n (the emendmente. in December tes7. the NWPAA was enacted. In a mejor medit to support the expectation that standards] would recruire e degree of departure from the initialintent of the one or mors technically acceptable sites precision which is unhkely to be will be 6dentsfied.
sch6evable in evolust6ag a real weste NWPA the newlew required that DOE NRC recognises that simultaneous site disposal eyetem." he esmments went suspend site cherectertsstion activities chatectensation is not riecessary to on to explain that ' ' 6dentification et sites other then the Yucca hfountain idenufy a repository site that would of the relevant processes and evente
39n2 Federal stessler / W1.1,4. Ns.167 / Thuroder. September 24. 1983 / hopond Rules.
afin ting a perucular seu enil tequits sites, the Commise6en concludes thet Under the NWpAA. DOE w:s oneideretde ludgment and will not be technically aocep*. owe sites for a requtrod O opopend ein ameneble to et. curate cuantification, by repository ton be found. The tharecionseuen ocuritsee et ettee other otousuc41 pahois, of their probebihty Comm6 pion 6e eenhdent that, given than the Yutes Mountem.NV site.
of occurrence." NRC bebeved then, and adequete time and renewses. auch ones Conwguendy. DOE hw awrewed the contmues to behere, that it mwt meke con be 6dentified, evolueted. and renp of mme Mckage designs to e quehtauve fudgmente about the dote neepted or revected on their mente.
deoen tailored for unsaturoied tuff et etid methodologies on which the even if no more then one one to the Yucc4 Mountain ote.This espect of numental probabahties wm based, undervome site theremenseuen. This the h6sh4evel wwie program redirection in toponse to NRC contems. LPA ludgment does not root on the may facihtete end ehpedite the weste mcorporated language into its 1965 eneptability of the Yutta Mountain site McLey dwitn process moofat es it etendards not append to show or any one future aandidate Hie.
enables DOE to concentrole its efforts fies6bihty to combine quehtetn a 1.A.2. De Development of Effecth e on emlopmg a Hagle seensa for o
- 8 ' H4 8"*d 'I 08N' #8'lF"8 I
I judgments with numeneal probebihty WeHe Pockeye Htes in bedded salt, basalt, ans estimates 6n a way that might have 1.A.g.a. Cam. lwelions in sleiWig unus, meg sugg, a
mede implementeuen of the WA weste pocAges. The NWpA reguuod Curroady. DOE le evalesting etendards procuceble.no tent of thee, NRC to promungew kehnical uncertelnues 6n weste package design emnderes recognised that " proof of the umnente end onwns a be oppled
,g,g,g g,,,,,, g,,,,,,,,,,,,,,yp,,
future performance of a d6eposal eyelem nf6cmme e speed for b g W n i and anytromment.no owrest in le not to be had in the ordine] sense og radioecute wme. Un section131 of conuptud der fw de wme pciep the word" with the autetent,
- ^c' * ~ ~ * =i=== =~i is 6es a o u t m a.se
. =
menemues au ve,y io.ig,,rfo,mem
[>rovide for we of a symnof muluplewww form W Muumed w "n= = * *** d * **aa-r ad e, ora fusi w aga, be wn.ypr.
penod invoind.no 1983 etendards wme w u em,hesiew asi e,oesenew and such reetnettone on the espectehon"-eether then absolute mobiMy of wem se E dmns fwm MbwpWuwgim,,m m alm.,,,,,,,,g,
,i,,j,,,,,g,,,, g g,,,g, proof-is to be the test of comphence,
'PPNP"*"' D' 'Y"" N ""IUPI' and high4evel wee the waste foren "What is required.* the text of the
=.g,d 6;;g' 60th *as=*=d 'ad
-, inaudeCei woe.. nie wooie a 6-n r' taci=6*
eiw.ww C
,ionderde said. is e,essonsbie iCTCCiiow
,,,u. m uon.on me bas a.u,ecord
,,,,,,,3,,,
noi,ovimeiy ecoe,iew Iw.w.ewfne
. wmbe
. u ioo,,n m e schieved."in en additional attempt to
'"["'g'," bun N m,up, deposal under NRC regulousne for
, p m
disposal oflow4evel wastes.but is provide flamibihty for aanplementebon of D,e www ph(,is hhn,d u h tenoptable tw d6epwalin a yt the standwde. WA alee provided that
,,i, g,,,,,,g U#""d I" ddP***I 'I 8P" namental sulyou of wenos from a shielding. packing and okt ebeerbent high4evelweems.als waste might repoo6 tory were to be 6ncorporated into amnWe imandowly surroedmg an 6nalude such enenale as seald swon en overeu probabibty diotnbuuon only indiv6 dual wute conta6ner." Sofore MnLMg an uptwow shMt fu etw and activated metale dren the "to the extent recucable."nie phrase oppeared to a ow some discretion for charactenseuen. DOkle required to
"***"'d"8 'I "*sem and j
considerations into its license decision.
prehm en SCpinci e desanption peducuan foothuw)
NRC to incorporate quhtauve g
wuw form w p sme pmped Six materkte m being eensided for l
making. tother then hovmg to rely solely for we et the repository,and an fabriceuen of conte 6ners. taeluding on numental protections of repository esplane160n of the relationship between tuotanitic e eel (3131.1. nichel based performance.On the otrongth of these such weste form or packasms and b
- lloYe (A110Y 818). Pwe espper (CDA and other DA eseurances. the geologic medium of the alte, 1021, coppu booed alleys (alummum.
Commission did not object when the The muluple bareber approach to bronse. CDA 418. and 70 33 Co NI.
fmet etendards were published in 1965.
radioactive weste isoleben in a soologic CDA4151, and a container with a metal Pursuant to the remand by the l'ederal t,poMtory to implemen4d in NRC outer shell and ceram6eliner.no court in 1937. DA le currently revlein8 requiremente by a number of refersees sentainer for the opeat fuel its standards for disposal of opent fuel performance oblocuves and by detailed and high4evel waste le e 16emi thick and high. level waste, ne court's siting and design enterie,ne NRC cyhnder to bl sade of Asneneaniron decision directed that the romend focus performance ob)ective for the wate and Steel inoutete (AISI) gegL ete6nlus on the ground water and indiv6dul pekage requ6 tee substantially complete steel.his will be DOE"o benchmark protecuon regeresents of the oistainment fw a pwad of not low than mewrml.against whidiether mariale standwds. Although the DA standarde 300 yesto not more thaalmo years are to be competed. DOE surready -
m still undergoing development at thte efter permanent closure of the intende for opent fuel containere to be time, the Comm6w6en does not currently repository. no techn6cel desten criteria filled with am loort sea, such as ergon.
m a sufficient beste to w6thdrew its for the weste peekage regelte that before being welded eleoed.
confidencein the feasibility of interection of the waste package with he reference torylooetionle in evaluating compliance with such the environment not compromtoo the unsetnreted of theTopopsh standerde. NRC staff will clowly priormance of the peekage, the Spring Formation Yucce monitor the development of undwground fee 616ty,or es pologic Mountala. According to little free.
repromulpeted standwds to esoure that setting.nmfore, the weste package flowing water le thought to be present DA methodologies for demonstrating design mut take into account the there to contribute to corroe6en of the compliance with these een be opphed by comptes site specific interactions weste contelnera, althoogb the degree of NRC to evoluete DOI"o demonstration between host rock, waste package, and entwetten in thle tuS le estimated to be of compliance.
ground water that will affect waste 35113 percent of the available vold in sum, considering both put and package and overallrepository spoos in the rock. DOE bas current pregiame for c.huectentmg performance.
acknowledpd. however, then the 1
1 g
m
Federal Reviet:r / Yol. M. No.187 / Th:redev. September D.1999 / g::x' Itales i
39'r' 3
?
greatest uncertetnties to amening weste defense wute end a smell emount of to wMeh glue frecturms enor,ews noch pcLape performenee et Yucce commetriel reproceped weste from the rate. Other lectore mf)uenmng leech rete i
Mountam etem from dtfficulty in Wut Valley Demonetretion prefect.The are temperotm. pH of the leeching charactentmg and modehng the coupled decision to locate the defense high4evel soluhon fonestion of solid layers on the geothemical. hydrologic prore:Ses that wesie m the repository for weette from surfeoe of die wwte pisos, trrodistion.
represent the interectices between the commeresel power reactore resulted water tolume, and chemistry, i
host rock, wute package, and tround from the reevirement in 6ection 3 of the it is possible that renewed waer. The final wette packege design NW PA that the President evoluete the reprocteems of opent fuel from rinclear will depend on the results of site possibibty of developmg a defense-power res 1 ore mey result in a greater charactentation and laboratory testing w este only repository, le Febrwary IML proportion of reproeteced wate to to reduce uncertetnty in predictirg these DOE submittes a report to the Presioent spent fuel then is currently enticipated.
interactione in the referonor repository recommeemans e oorsknood commercial Although such a departure from the bonson.The final dee6pn will also be and defense repoestory. in Aptd itM.
current plan to dispose of mostly i
shaped by tweerch in understanding the the Prwident agrood that no beeis unreprocessed opent fuelin the degredation of candidate optitetner appeared to eust foe a defense only repoettery does not oppear likely at this metenels, and the chorectenstice of the repooilety and directed DOE to dispote time the Commission beheves it is I.Lely reference weste fones, of defense wooie sa the commercnal important to recognise the possibility Resording the state of technotory for repository.
that this situation could change.
developies langdeved waste pac.kage About a330 bf!HM of reprocessed The poss6bility of d6epenalof containers the Swedish Nucleet Fuel bish4evel waele from defense facdauN Ieprocessed weste se en ellernative and Weete Menegement Company at $avennah River. EC. Hartford. WA.
w nte form to spent fuel mesembhes we:
($O), the orpamastion responsitJe for and Idaho Falls. ID wiu be evadable by recognized by the Commise6en in the radioactive wule disposal in $w ecen.
- 000 for disposalin the repository.
19M Weste Confidence Decio6en. The has descrsbed a contamer for spent fuel accordag to the Draf t 1948 Mimmon Plan Commission noted that the d6eposal of rode that consists of e 0.1.m thick Amendment. This waste wiu hkely be wute from reproorums had been copper camster surrounded by a sohdsfied talo a borosthcote plus studied for e longer tune then the bentonite overpeck. ne design calls for rtetnt About 640 MT11M cf disposal of opent fuel and that the pourtna copper powderinto the void reprocused hisb4es el wute will come possibility of reprocetems does not alter treres in the cerusters, compactmg the from the Wut Valley Demonstration the technical feasibility of developmg a powder uoms hot.seostene prusmg w,th Protect, a facthty for wastes from suitable weste package. no en tnert pas, and sonhng the canisters.
discontsnued cornmercial reprocusmg Comminion went on to say that there is
]
$2 estunates that the copper canister of opent fuel at that esta. This evidence that the dispeest of l
weste peakete has a miluon.yeat reprocessed weste also wdl be reprocessed bish. level weste may pose hfetime. (See also 1.B.3. below.)
sobdsLed. probebl As noted in NRC's FinalPoint Pepers glue waste form y la a boroodicate fewet technical challenges than the disposal of opent fuel. As long es DOE I
on the Consultation Dreft Site Wute-form testing for the Yucca uses conservettve eseumpetens and test Charactensation Plan, the Corr. minion Mountano site is focusms on both spect conditione for evolusting the does not expect absolute proof that 100 fuel and reprocessed high4evel waste, performance of different weste forms percent of the weste pacLeget will have The performance of the waste form an egemst NRC licensing requirements, the 1
100 percent conteirunent for 300 t01.000 providmg the first bemer to Commission has no basis to change its years.Since that time, the NRC staff has radionuclide nuaration is being findmg that there is reasonable t
l completed its review of the December evaluated on the basis of the physical assurance that reprocessing does not l
1968 Site Characterstat60n Plan for and chemical environment of the weste reduce confidence in the technleal l
Yucca Mountain. Although the form after disposal, the performance of feasibility of designing and building a Commission continues to have concert.e the welte contelner, anc the weste package that will meet NRC l
l ebout DOE's weste package program, emplacement tortf)gefdion.
licensing requireroente le a variety of nothing has occurred to diminish the A analorlimttation on glass waste-geologic media.
[
i Commission's confidence that as long ee form testing is that the actual waste DOE establibbee conservative objectives ginses to be disposed of are not 1.A.S. De Dmlopment of Effocun to futdo a teettas and desten program,in gvallable, and tholt exact composition E"8*'"d3**
- I*'I**I* M "'"
tuf orin other geologic media if will not be establiebed until after further From the Weephe
)
1 necessary,it is techn6cally feasible ta tuting. flefmace weste. glass 1.A.S.e. Bookfill metertels. At the time l
l develop a waste peakage that meets the compositions ete being used for studles of the 1904 Weste Confidenes Deension, j
performance objective for substantially on the effect of verlation in glass DOE was developing conceptual designe j
complete contennment, composition os performance. (Dese for backfill in several geologic media.
1.Alb. lfect of reproceselnt on plass compositions are doigned by Most candidate sites et that time were f
wasse form and weste pockage, ne Sennnah Riverlaboratory (SRL) for in esturated rock, and the conceptual Drafi tems Mitolos Plan Amendment defense high level weste, and by pacific designs included bookftlling or pecking I
utimetse that a total of about n.800 Northwest Laboratory (PNL) for the around weste containere to prevent or 1
metric tons of beavy metal (MTNM) of commercial bish level westes to be delay ground water flow wh6eh eeund spent nuclear fuel and high level vitrified under the West Valley enhance corrosion end radionuotide radioactive weste will be evellable for Demonstration project Act.)he tronoport near the weete containers. %e i
disposal by the year 303D. (Th!: estimate reference compositions wi3 be tevised conceptual design for the engineered is based on e "no new ordere" when better snelyses of the composition barrier system et the Yucca Mountain assumption for commercial nuclear of the westes et SRL and West Valley site hos different parameters boceuse i
I reactors and a 40 year reactor lifetime.)
are evellable. no test proprem will pek the site is unestuteted:Inessed of Of this n. coo MTHM ebout 9,400 to establish upper bounds on leeching of boekfill or peaking around the weste AmtM will consist of reprocessed important radionuclides, and the extent container, there is to be en air gap
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send Federel Rosseter / Vol. H. N3.147 / nuroday. September 28. 1963 / Bropowd R les I
between esdee ef the wec uruster and Commiulon monunpa to have When the repository t3 f
i the host tod.
confidence that beeMll or potling decommissioned.NRC espects that l
Betifill malenal around the container matenals un be developed as needed most,if not s!! 6 hafts. remps. and i
is not requited under NRC regulations for the underground facihty and mute boreholte will probably heve to be
}
for the wute pacAage. NRC regulations pcaage to meet opphceble NRC teeled to reduce the pouibthty that thry I
require that *' ' ' contamment of h4h.
heensms entene and performance could provade preferential pathwep for
(
level m este within the weste packstes objectn es.
radionucinde migration from the l
l whit.h indudu the contemerl will be 1.A.3.b. Sonhok endaAoft seals. De underground facihty to the occcessible f
substanustly complete for a pened to be. enameeted bamer eyotem desenbed environment. DOE ntimates that as
[
i i
determmed by the Comminion ' ' '
sbove is bauled to the weste pocispe many as 3h0 thallow and 70 deep J
provided, that out.h penod shall not t e and the underyround facihty se defined esploratory boreholes may be emplaced j
less than 300 years not more than 10@
in 10 Cf'R part to. no underpound by the time site therectensation has l
) ears efter permnent s.losure of the f acility,,fers to the adoryound bun completed at the Yucca Mountain I
repository"(10 Cm to.113(a)(1)(ti)(BI)-
structure, meludme openWige and sim. Decuunit6:ening mey not occur Ior i
and that the entire enginetted bamer becLfill metenels. but eteludens shefis, up 2 Wem Mlet commenoewnt of i
l eyetem meet the release tote bonholw. and their eenk. Conwinment mpmewn opereuens. Roosuw Mnal t
i performance objecuve of1 part in and release rote seguiremente are dwien for oesis will nikel beve been modifid imm the inmal iceau l
100.000 per year.
opecified for the engineesed bemer appbcation design (LAD). DOE is Baekfillle also e component of the de stem, but not foe the borehole and borehole, shaft. and temp seals, which
""*8
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lnury funcu"m. As W feh 6n N
,g,,,ie, g,,5,,,,,,,,,ed under 10 I
are not part of the engineered bemer Cf'R 80111 the overall poet. closure Cp for the Yucts Mountain candidate 1
system or the underground facility.
system performance objective for the 64, th sul @ is 2 pleN that N I
Boreholes. 6haf ts, and temps must be teP'oito'Y. Amon8 other thin 8s thle
"' ' ' technology for constructing seals paled when the re Hory le i
,e,m.moy woeol"niis o,eci of rav*aa "a"' 'h*' *h** 6*6*les is rmonebiy aveiiebie and iii-l I
backfalling to discuued below under that release of radioscuve metenals to and their 6 eels be designed to seem there to reasonable suurence that puls have been designed so that, following l
" Development of sealants." Bacifill may the accessible ermronment followmg permanent closure, they do not become also indude crushed rock used to fill I
opentnpo such as dnfte in the pennemt cloom confonn to epa e pathways that comprom6se the geologic f
underground facihty. At the Yucca Fenerally applicable stonderde for repository's ability to meet the post.
[
Mountata candidate site. DOE currently radioactmty. Although the entens for closure performance objectives."
lena to fill operunge in the underground seele given in10 Cm part to do not To establish the availability of facthry at closure of the "Ct.itory, i
ePecifically ment on seals in ramps and technology for pal construction. DOE Bacu, tang noi,ianned
- ~ a - d'au'raa- -
- hes ianofied soesei gi siie,,o,mes repository closure boosme itis not to consider them together with borehole that need to be characterised in needed for structural support for the and shaft testants, became the seele determining necesary coal opentnes, and it would make weste and dramage design in tempo and the charactonatics. nese properties include retneval more diffit. alt. At closure of the underground facihty could also effect taturated hydraulic conductMty of t
i facihty, however. openinas will be the overall system performance of the olluvium near shefts, the quantity of l
1 backfilled with coarse tuff excavated for geologic rePoellory.
woter reaching the seale due to surface.
the fact!!t a Construction of the exploratory shaft flooding events, and treelon potentialin 1
provided fn.1n the conceptul design l
the SCP. the selection of facihty (EST) wdl be the first melor site the shaft vicinity. ne SCp also coarse tuff as backfill matenalis based charactentation setMty.ne E$r will discunes matenal properties that need on numerical simulations perfonned by consist of two vertical shafts one for to be identified to determine paling DOE which suggest that coarse tuff testing and the other for support. and components such as initial and ahered would be a more effective bamer to underground excavations for et depth hydrologic properties of mater 6els.
capillary flow in the backfillinatnx than testms.ne repository surface facilities ne SCpindicates that DOE le fme meterials.
will be connected to the underground planning to we crushed tuff and DOE's design fee the engineered facihty by two additional shafte (a men.
cemente in the sealing program et the bemer system submitted with the end.meterials shaft and the Yucca Mountain cand6date site' no license opphcation will have to contain emplacement ares exhaust shaft) and stated advantages of us.ng tuff include i
information sufficient for NRC to reach twe ramps, a waste temp for bringing minimiains degredation of seal meterial a favoreble conclue6en regarding the radioactive weste and opent fuelinto and avoiding disrupt 6on of ambient 6
overell system performance ob}ective, the repository, and a tun temp for ground. water chem'stry.
f Backfill or packing around weste removing rock fiom the underyound DOE's current design concept for j
containers te not required by NRC facility to a tuff pila. in addition to these meeting the overall performance I
regulatione !! DOE can demonstrate that shafts and rompe thm willte objectives includes a combination of applicable performance objectives can exploretory boreholes for obtaining sealing and drainage. Seal requirements be met without it. lf, on the basis of samples of rock, water, and gases in may be reduced in part by:(1) Limittng I
testing and expenments during site strate et verymg depths. Exploretory the armount of surfees water tnet may charactentation. DOE decided that borehr>les have the potential to provide enter boreholes, shafts, and rompe: (2) backfill would enhance engineered information on hydmlogic properttee of selecting borehole, shaft, and temp i
barrier system performance, the design the Yucca Mountain alte, with emphaste locatione and or6entiation that provide i
would have to reflect this conclusion.
on movement of water in unsaturated loi.g flow paths from the emplaced I
DOE has already conducted research on tuff.Other proporties which will be weste to the nooseoible environment
{
a wide vanety of candidate materials studied using emploretory boreholes are above the repository: and (3) g for backfill around waste packages in a lithologic, s tructural, mechanical, and maintaining a sufficient rete of drainage vanety of geologic media.no thermal properties of the host rock.
below the repository hortaon level so I
l i
l
[
i L-.
L
-- I
j Federal Rosialer / W1. 54. No.137 / Thursday. September 34.1gsg{Proped Rules 99MS i.
ih i. ate, un be shu,,ied,ui the nuciea,waaie.e.e bei.3 so. aide,ed by to e,piam ihe bas.s fe, a.d.pnificance the Comsmannen se an ongoing of the data m the table.it to unkkely that l
m este packspes without conterung proceeding known as the "M'genent the revipons will have any impact an i
them.
Although DOE's program is focunna Proceecing.
the Commoanon~e genene hndmgo in the 1
on seals for the Yucco Mountain The b3 Prm::M was the Weste Confidence proceedag. Not ne it i
tendidate site, the Commieston finds no outgrowth of efforts to address hkely that this teenamineuen of the l
I basis for dimmished confidence that en genencauy the hT.pA requirement for an Weste Cordadence ledmge will affect l
acceptable seal can be developed for evaluation of the environmental 1:npact the $-3 rule: the W4He Confidente candidated sites m different geplept
- of opereuen of a Leght water reactor Proceedmg no not intended le make 1
rnedia The Commission finds no (LWR). Table 6-3 antigned numencal quanutative 6udgmente about the evidence to suggest thet it can not s alues for envirorimental costs resultmg a nvironmutal costa of weste disposal.
continue to have renonable ensurante from urmum fuelcycle sourtties to Unless the Commenien. in a future that borehold. shaft. remp. and support one year of LWR opereuen.
renew of the Wute Conhdemoe l
repoutory seals can be developed to NRC promulgated the 3-3 rule in Apnl decis6on. Ande that 6t ne r hae meet to CFR port to performance 1974. In luly ters, the U.S. Caremt Court confidence tn the techeneal bility of l
objecoves, of Appule found that Table F3 was diepetal en a need geologet repository.
L* * *** * '* N * ****"*
- bY *"***
th* C******** *'\\I *\\******'H 2 B. Relevontissuas not Here Ansen "I ""d h***pary w mnew he b3 rule when H Sence she Commission's Ongmol "8"*8 "*'***"*8 N*"", tai part j
radioscuve waste management reemasaines its Weste ts.u because the fhama== la reacMsig He g g g h, I
Decisson 1.B 11n support of its argument orn euessment, bad robed besvily on 1.B.3. To what extent de technical It asibility, the Commission testimony of NRC staff that the problem developmente in openit fut disposal i
j stated tn its 19H Weste Confidence of w este disposal would be resolved.
technology outHde of the United Stette Decision that "' ' ' DOE o program is When the U.S. Cirewt Court of (e 3 5wedish weste package desigos) 1 providing information on site Appeals issued the romand.oa what enhance NRC's confidense a the J
l cnaractenstics at a sufficiently large were to become the *Wute Confidence" technicallessibility of diepeaal of high.
f l
number and tenety of sites and geoietic issues m May 1979. NRC had pendmg lent wute and opent fuelf media to support the espectation theI before it the fenal amended S-3 rule. The Spent fuel disposal technology is the i
one et more tecnnically acceptable sites Court regarded the ruoluuon of the "b# 'f "#" reward will be identified." The NWPAA issue of waste disposalin the S-3 8
" " both o
teoutred. however, that DOE suspend proceeding as bems related to the issue
$',','[g,*.7d n p, pp ote. specific slte chorectensation raised by the peutioners to 14e appeals m bein communicated to the NRC i
acuvities under the Nuclear Weste of the NRC decisions on the espansion Me thmuch Wateral agmemonu Pohey Act of 1963 et all ettee other than e
of e[that the "' ' ' deposiuon of theat fuel storage capacity. The Court and the Yucca Mountam. NV site.
se6 I
Under the NWPAA, the DOE prograir, S-3 pr,eeedmg. although it has a et interwuonal aMaps.
j bas been redirected to chusctense somewhat dtfierent focus, me have a Outside the Uniwd Statu, studiu of -
i candidate repository sitte in sequence beanns on the pendtng t.ues, opent fuel at a waste form are now rather than simultaneously. U the Yucca The Comminion approved the final being conducted prunardy la Canade I
l Mountam site is found to be unsuitable.
S-3 rule m luly 1979. in October 1979, and Sweden although both France and l
DOE must terminate site the Ccmmisuon tuued a Nouco of
% est Germany have small programs in l
characterrut on ocurities there and Proposed Rulemaking (NPRM) on the this area. The Swedish studiee have j
provide Congress with a Weste Confident.e tooun in response to been mainly concerned with boiling recornmendauon for furture action, sut.h the remand by the Court of Appeals.In water reactor (BWR) opent fuel, whereas l
as the charatenaaiton of another site.
the NPRM. the Commtemon stated that the Canadian studies focus on opent fuel 1
Decause charactensation of multiple the proceedmg would " ' ' ' draw upon from that country's CANDU reactors.
sites now appears to be more directly the record compiled in the Commuulon's which use unermched uran 6um in a core i
related to the timtng of repository recently concluded rulemaking on the immerud in *hesvy" water made from t
I availsbility than to the technical environmentalimpacts of the nuclear deuterium. BWR and CANDU fuel. like I
feasibility of geologic disposal as a fuel cycna, and that the recoed complied prmunaed water tuttor (PWR) ful.
concept,considereuen of the herem wdl be available for use in the are uranium dioxide fuele clad in j
Commission's aforementioned 19M general fuel cycle rule update discuped strceloy. However, the burnup totes for j
statement in light of the NWPAA will be in that rulemaking, these three fuel types very comenderably.
discussed under findmg 2.
In the feel Table 8.-4 rule issued in Ongoms research studnee on opent fuel 1.B.2, What la the relationship,if any 1979, the Comause6en bad said that includes work on the charactertaation of I
of the "S4 Prsceeding" to the current
"' ' ' bodded salt sites can be found opent fel as a wate form:the cortwien renew of the Commission's 19M Weste which wdl prende effecuve isoletion of of opent fuel and its dissolution under I
Conhdence Findinget Would the todioacuve waste from the biosphere."
exidialns and reducing conditions: the s
planned revistan of the S-J rulemaking When the Commission laeued the 19M radiolysis of ground wetoe in the nur i
be affected if Ae Commisolon had to Weste Conhdence Decision, part of the vicinity of the opent fuel, and its effecte gnhfy its current confidence in the beme for the decepion of wute on the dissolution of the fuel; and the technical feasibility of safe disposal?
management and disposalin the Augut development of modele to predict the inits decision to remand to NRC the 1979 final S-3 rule had changed.For leaching of opent fueloverlong time j
questions of whether safe offsite storate example,in 19M the repository program periods.The results of this work are would be stellable to 2007-2009 or if was proceeding under the NWPA which steadily increasing our understanding of not, whether spent fuel could be safely requtred that DOE tecommend three opent fuel as a waste form.
stored onstte past those dates, the U.S.
ottee for site charactonsauon.
High level radioscuve weets, whether i
Ciremt Court of Appeals observed that Although NRC is preparing to amend ille opent reactor fuelor waste from the issues of storare and disposal of the S-3 Table, and add a new appendix reprocesung. mut be enclosed in an J
1 styys Federal Regletoe / VII. M. No.187 / Theredey. Septembee as 1933 / Proposed Rulee.
I
}
i oute,.o.oote, es,en of me wesie end e.e.w.ny op,orted dee.ne. bi p.md =tw. No. *e mes.e es.
penge. The temper punoundmg the these deviene. e chan outer shell O itself abound function es en woote is espected to poteent the release supponed by a pensendete metonal immobilteetion egent to peevent er:y of radioectmry ate hondhrig et PetAtd around a Meel intemel eWWeews e6pnificant relette of meneneeben to the repeestery site emplacement, that conteuse the opent fuel bundles.
the beoophtte ever very long hme After empletement en the repoortory, it fitt etel metenele boot boon 6deshfbed penede. The two Prustry metenele it e spected to prevent the re6eene of fet the febricotten of Ibe sepown canon 0y beleg eensidered for use es todiosctiv6ty lot e specified pened of remotent outer shou. haludmf ochdined wuw forms are hermitiuW tirr.e ehet the repository to c60eed. by
, commercially pwe end low elley glue end $YNROC e man made prendmg a bemer to protect the weste titanium, h6ph nickel based alloye each titanate cereauc restenal.
from coming mio conmet with the se knoonel taL and pwe sepper.
Fround weier.
Detailed deeigns beve been produced for
$YNROC w miueHy ' "' 6n Ior practical restene, naeuster all diree types of suppened ebell
^*81'*I'8 "8 "" " M **" " *** "*I N metenene may be divided 6 ate the c4motore lneerpereting mther a titanium boreenti,eenglassiltoomnposed followns elesees:(tl Completely or or mchel elley shellless then 6 aun P""*"'F d ** **8' ele lhellendiu, pertelty thermodynamiespy stable thick A c7 d design het nice boos sitconohte, and perovokile) wh6eb metenens seek u esppen ig) poesive produced for s :,, _ _ ill strueewelly, collecuvely have the cepesty to accept tulenens such as plenises steel, eupported een6 ster and a snetal metris the smet motority of redmaeWw high.
cuunnw with a peleevery th64 (amm level *Hu # Mutants tna nelt titamum. Hntelley, insensi, and copper shell and a lead meerts metenoL) crystallettler strueutum. Neo thew i
alummum:pl corroding er enenfbetel I
metenele such et lead and steel and (4)
This last een6 ster 6e intended to senteln minersle. or closely related forms, occur,
I non metalbc metenele such as alumme F# wed CANDU fuel bundles in four netwelly. and have been ehewn to heve and utemme daonede estempos and layers of 13 bundles each.
survived for many mill 6 ens of years te e cement.
Both the Canedsen and Swedish wide tense of setwsl entweeseonu.
(
Sweden bee been esoducting en conceptual designe for the d6sposal of
$YNROC has the properey of being enteuive cenioiw moerah program opent fuelin corustere prov6de for entromely mistent to leseh6ag by j
over the put several years. The enom eurroundmg the cenieter with bookfill ground water, peruculerty et tesister of katervet 6e seppet, but enetenel es part of the weste peckage temperstwee above 100 degrees C. In c
i titanium carbon steel, and alumme and when it is emplaced in the repos6 tory.
eddition. the especify of SYNROC to l
titeruum cboude are also bemg atucied This back$11 metenel would be pecked immobilise high level westes ne not j
l' e s reasonable attemeuves,6hould around the cemeter to Peterd tLe unexpected problems be diocovered movement of ground water end markedly impaired by high levels of i
with uma pwe esp redsonuclides. Invest 6pehone of bookfill radieuos damage.
1 i
ne protest Sw eenieler duian metenel et the 6tnpa m6ne in Sweden N nushlphostaan of SWROC g
{
is e 100 mm thic.k topper contalt er (en have shown that bentomie and ell 60s et elevated temperetwee testsees the j
desc.nbod previously a techos A.La.),
send can be employed successfully as range of geolept anyvenmente in wh6ch I
which to c.letmed to provide backfill, both eround the con 66ter and in at moy be mud,such as deep pwlogic t
conteuunent,in conjunct *on with en repository tunnels. A bentonite-ellies mpsestorme 6n both contamentaland j
sppropnete becAAll metenel, for a misture to the recommended beckfill mense environewnte.
pened on the order (4 one million years, metenel on the bee 6s of its thermal and Resterch and development work on j
The enucal factore for the isolation mechanical.propertes. Sentonite improving $YNROC producuon pened for copper canisten.re: (1) The tecLfille have been shown to produce technology to currently being deae l
presence of corrosite suboteacce such hydreulic conductmties that are very jointly in Avettelia and lopen. New i
as sulfphide for e in the ground weten (:) similar to the surrounding gremte at methods of umt metal elkon6 des in the I
the possibit;ry of these wbstances Stnps. Problems concermns the febrication of $YNROC to obte6n high reeching the cometer surface; snd (3) the venobility of bentonite semples from homosesenty and lowerleechebility i
degree of inhomogeneity, or Pitting, of different peoarophic locouone een be have recently been developed in I
the resulting corrosion. Studies are ehminated if metenal from a single Austre!!a.De Jepenese beve recently contmums to obiete more information source le used. The presense of sulfur denloped a new mothed that voos i
on pitting conceton c! copper prid on and some orgente seateriel. including titentum hydrom6de, as a reducing egent technngues for weldmg thicA. welled bactene,in merry bentonites posee some to produce SYNROC with a high density i
copper contaltwre.
problems related to adorob6elly.
and low leech rete. A pilot feel 6ty for
$everal conceptualdesigns for acceleteled corroe6en. Treeteent with the production of non redsoecove cemeters for the esfe disposal of hydrogen peroxkde sesy be wood to i
unreproceowd opent fuel heve sloo been ox6 dine these orgen6es. Heat 6ng es SYNROC le notin operet6en to I
developed in Canada.One eenieter bentonite to 400 degrees C con sloo be Autrelia and e small p6tet feeility for i
\\
design opuon is the supported shell.
effective, although thle may alter the producing $YNROC wl4 reenoun consutuente le being completed in l
metal metrts concept, wh6ch involves peaing me sponi fueibunees inio s
'betal structwo of the bento. nite, yoo.ninesi.,tendto e-of 1*=
thin corrootve reetotent shell and ce sting theit h6ph. level red 6esettve weste by On the bee 6e of eumat information the remaining space with a low molting first convertmg the westee into e solid.
from the formga stednes het desenbed j
pomt metal or elley. Structural support vitnfied form afler reprocessing. Since on een6 stere, opent fuel as a weste form.
for the shell would be prov6ded by the the leeching of the weste fonn by bookfhll metenele, and ellerneuvee to resulting metal metnz.14ed is e circulating ground water efter disposal beroo616cese plass weste fenne,the possible metna metenel beoewe of it.
is the most uhely mochen6am by wh6ch Commission eeneludes that there le no favoreble costma propert6es, cost. and the radionuclideo m6sht be returned to basis for d6adalehod eenfndenes that en low melting point.
the biosphere, the weste form must be seceptable weste peakage een be l
Other supported ebelleen6 stet composed of a highly stable meter 6el Ud for esfe sposalof high level concepts include the pocked.pertneule te with en extremely low solubility in weste and spent fuel.
)
i m
i a
Fedwel Register / W1. $4. No.137 / Thuteday. September ts. tage / Proessed Rulee se m f.C Conclusion o.'r hadent J radionuchdee evollable for transport to cand6dete metenets let backfillin a the eocewible envwomment.
venety of peonopt media, and the The Comminien has reenemmed the besie for sts First findme in the 1964 It no also techn6celly feseable to Commesion knee no basis to gusisfy its
,,p,,,, g,,,,,gioet tive westes the poet oo 0dence that boektd! mewhels Weste Corsfidence Decision in bpht of radionuclidae eet coneutuu the sea be develosed,if sooded,le meet subetovent proerem developmente. and pnncipal pource of heet from the opphoeble NRC reeuwomente, concludes that fmdmg 1 should be nuclides of poeteet long term concern.
The current referenes dessen for reaffirmed.
De formet radionucl6 dos, nemly fiuton Heling bonholes, obeite, rompe and the The techrutal feuibility of e products such as oesium.137 ene underground facility at the Yvoce repository reste inittelly en strontinen co. tould then be stored for a Mountain eendidate site employs i
idennfication of acceptable sites. At this pentd of years while the heston crushed tuf! and cement. Regardless of time. the Comminion is not awm of products decay to the pomt where they the poolept medium of the eendidate 1
eny evidence tedicetmp that Yucca could be disposed of either 6m a menner s6te. DOE enu have to show that the i
Mountain is riot acceptable for este that does not require the der,e of Ilcones opphubon desige meets NRC chorectenseuert.There are many c.onfmement provided by a geolert post cloewe performones oblochves.
outstandmg questions regedmg the r,pw6 tory, or in a repeestory with lue The Comanmeses oestanues to beve licenseebility of the este, however, and concerm 'or thermal disturbance of the reasonable esswenee that DOre t
they must be snowered pet 6electonly m host rock's espected weste teolation program wdllsed to 6dentafication of order for NRC to leave a construction properun. Meename, the longer lived 400eptable oesleet sentenene for meetmg authoneeuen for that one. lf date rememing radionocildea, such as
. these obbotives.
j oblemed dunne site t.heractenestion transuraruc westes with elemente Overall, frose ne toesaminauen of 1
indicate that the Yucca Muuntain site is heevier then utentum, could be dispond leaves related to the technieellepibility i
not euttable for a repository. DOE le of in a repository away from the flesion of geolept disposal, the Genesistion i
required by the h'WPAA to terminate products and without the high thermal concludes that there is poseenoble i
site chsrectentation activities and losdings that would otherwise heve to enourance thet este abaposal of high.
report to Conress. With'n six months of be considered in predicting the long, level weste and opent fuel 6n a mmed i
that determinsuon DOE enust make a term weste toolation perforunence of the geolopt repository is techansally j
recommendation to Congress for hrthef geologic settmg. Trance. Great Britetn.
feasible.
eetion to usure the sefe permanent and lapan we currently pursume this Op6ghnelMadogg disposal of spent fuel and high level weste management strategy or a venant 1
w este. DOE could recommend, for
- ofit, The Communion finds runonable esemple, that Congrees authonse este The Commisslori emphasiset here that enurance that one or more mined chwactenseuen at other sites, it does not believe that recycims lopt mpositonee Ier semsnormel i
Conodenns Dore invntiptions of technolpes are required for the esfety or fish level wone sud opent fu other potentially ecoeptable sitte befoM feasibility of deep geologic disposalin evellable by the years ager-agos. and Its exclusive focus on Yuces Mountatn.
the United States. Other countrin. such that sufficient mpwitory especay will j
the Commispon het no reason to se Cenado, the Federal Republic of be evelleble within 30 years beyond believe that, pren adequate time and Germany,and Sweden tre pursuing exPireuon of any reactor operating l
propam resources. a technically disposal strategies bened on a similst lleense to dispose of esseung i
acceptable site c.ennot be found.
view. Reprocesams. if employed in sto commerciel high level redaeactive weste j
The technical feasibility of geolore current stage of development, would and opent fueld onpnoting 1:1that dispoul aho depende on the ability to resultin additional exposures to reactor and generated up to that time.
develop effective enpntered barners.
todietion and volumes of re6toective Proposed Flading 3 l
such so weste tackages. DOE is westes to be disposed of. For the t
currently evalueims six candidate purpose of fmding reasonable soeurance The Communion finde reasonable j
i metenals for m aste containers, including in the techrucal feasibility of geologic eseurance that at least one mined antenitic steel and copper. and nickel.
disposal, however, it le worth noting geolog6c repository will be available besed alloys. and le planning weste-that technology is currently available to within the first quarter of the twenty.
4 1
form testmg bued on both opent fuel permit additional engmoenne control of first century, and that suf4cient i
and high. level weste in borosilicele we:te forme if, for twoone not now mppitory cepecHy will be entleble
)
glass.On the besie of DOro program.
foreseen. such control were deemed within 30 years beyond the licensed life and results from Swedish invesugetlone dnirable et some future time, for opereuen of any reactor to dipose of i
j I
of a copper weste container, the Meanwhile, the Commission continues the commercial high level redioactive 1
i Comm6esion is confident that. given a to have confidence that oefe ecologic weste and opent fal enginating in such range of wute forme end conurvative dispoulle technically feasible for both reactor and generated up to that time.
4 test conditions, the technology is opent fuel and high level weste.
s.A. /ssoes Considesd/a Commission's available to design acceptable weste DOra current reference design for the ispf Decision on hadmg #
i
- packages, weste package does not include backfill in addition to the meteriale tuting for or packing around weste containere in 1.A.1. Finding Technically Acceptable i
i the weste container and wule form, the emplacement boreholes. Neither le Shu lu e Timely FesMon there eney be additional measures that required under NRC rulee so long se in order for the Commiselon to find 1
can be taken to improve the DOE can show that applicable that any candidate site for a repository I
effectn enen of the engineered barriers.
regulatory 4:riteria and objectives will be le technically acceptable (that is. in i
It is known, for example, that the heat.
met. An att pop between the container compliance with NRClicensms j
losding chorectenstics of the westes and the host rock is currently one of the requirements), the site must undergo l
dimintsh with time. Also, the longer barriere in DOre design for meeting the comprehenelve ette chorectorisation to l
westes are stored before disposal. the performance ob}ective. DOE has essess its hydrologic, geologic..
j smaller will be the quantities of conducted investigations on a variety of geochemical, and rock mechanice 1
wr7s Fodseal Regleter / Vol. 64. N3.147 / nusedey. Septembee 34, stes / 9:;:xd Rules.
-+-
proper 90s. It b poseeble that e eHe sier e:iteble af the NIF-agN tunedrene ler Youd M;untoJi ests er any other einab i
t.e found eneemepteWe se the buse of repository esensbdity to the ele dempriated for este chorecionseilon, early in-site seems er other eine Comm6pma e 1the Doma6en se to be is found to be unsuitebne. Wteout
~
there 4sneebes nativihos. H enll not be met. Clear 6y, the Commaeones tannot be alterneine meet ensbergems poseblo. however, for the NItC stoff to certem et ihne unne that the Yeone s6multensees eheressenesteen er even tde a poution belere a haonens board Mountom note wel be seseptable, surfese beeed toehns. DOE anni heve to
)
i thei e mie wel meset NRC reguwemenin Ahbeigih Comaneesen bee me poseen botnn cheroeienens another wie 6f the for eensteweben authorsnenen unut the, to bebeve that anothee toenically met cutnntly stlteted for tesuits of au eine ahoressoriset>ee stuptable site een mot be found if the chorectenneben proves amesonable. De I
activit6es we etsidable. Even then, the Yuoes Mountam ette provee answtoble, earlier e determeenes of unewtability j
sieff eney eenclude that the evidence severol factere peine resseeable double can be mode, the emainer the unpact of from one shotectonoeuen does not se to the evadebdity of even one such a findes would be en the everall constitute reasoneWe seawanes that repeonary by 3007-40D8. These include:
timme of sopentary evedobibty.
f l
NRC perfonnense ob6eseves wdl be (1) The current gebanse en a tangle wie DOE has esemated scenervouvely met. Alea, the resulte of the beansas wah no eeneurready evadable hlit woeld pagesed appeanametely 24 t
beennte en eensensee6es eenhensomon alismouves: (2) the probabihty that Nne years to been mee sesoamme ler e j
carmot be predicted. if sonstrocnee se charsetennehen sienvoues enil not second popeonary, pertose este authonsed and when H le substantiauy preoped estsely enthout problems; and charecioneohen, euhad as Ell and complete. DOE le regewed to obtaan, en (3) the history of sehedulet slippages license apphestees,and sweat l
eddition to the construceses etnce pannage of the NWPA. For authoriseuene boisse the repeestery outhonneuen pereut, e license to receive esemple, puE's schedule for the fwst could be ready to poseeve weste. in its and poseene wome et the pooispic repository slipped five years (from seus
'une 1987 M6esion Plan amendment.
repostory operoboes area in order to to 20031 between January 1888, when the X)E sisted "It * * ' esens prudent to commenos popeestery operouses. Does NWPA wee enacted. and Jammary neeF.
plan that mie-specahe acessang leadmas considereuene argue for meinteiruns the when the fust Draft Mise 6en Plaa to the 6dentheomen of potentaally teody evedsbibty of shornetwee sites af.
Amendsment woe issued, ne udiedule acespleble sites should start shout an af ter severol years, pile sharectenseuen for encevaboo of the emploretary shaft years before the start of weste l
or licenoms ocurities bring to tipht for the Yucos Mountain site thyped by acceptanes for dispenal." DOE went on difficulties et the leading candidate site.
more hn three years unce the mance to say that it comedered thiis soumene to in support of its arvusnent on technical of the PDS in March 1946. DOE bas tiled be conserveuve beesume H dose not feesibiliry, the Canunnes6en oteted in lie numerous reasons for poet proprem account for aspected seheduler benefile 1964 Woie Cen6 dense Dommon ht slippaan, moludag the need for a from the fusi repuntary preyam, 1
- ' ' ' DOE"o proyen le provedsag conounetion procese enth $tetes and including unprovermente ta such areas se informenon on ette eherecter6stnes et e Tnbes. Conyeomenal sicuens 1a4., the e6te screenas, este charestenesuen, and l
sufficien0y large number sad ventry of barnas of funde nn the 1987 budget perforsmanes assessment teshseques, i
sites eed geoloyic med6e to esppen the oppropneuen for dnthag emploretory Although DOE's estunate was i
expectehon that one er enere techn6cally shafts), and DOE's reseyution that the persauted on the ausseesful completion l
l acceptable sites onll be 6dentified." At EIS and beense appliceuen would of a preysm for the bret of two i
I the time. DOE wee required under the require more nedancalinformauen than repositones, schedular benefits from NWPA to chorectories tlwee osadidate previously planned.
Improvemente in the understanding of i
repository sites.
Given this history of delays, and given weste leolation processes would otdl be
[
The NWPAA hsid a maperimpact on its underettading of eurtent avallable.hs plate wule form from the DOE's repository prograra, however, developenents, the Comunmion een not Defense Waele Procoomas Facility now r
Under the NWPAA. DOE wee required be pure thol current muutones for the under construcuon et Savannah het, to suspend site-specific actMties a the repository propen will be met, et leut SC for example, willbe evadable for i
Hanford WA and Deaf Smith County, in the forceseable future. For amaanple, teoung under tamulated repository i
TX sites, which had been approved by DOE has taken the peut 6en, with wh6eb condiuone well before the turn of the f
the President for este charectortsation NRC ayees, that en. kies of emplaretary century under surrent DOE embedules.
i for the first reppeltory,itedirection of shafts should not osaur before 64 bee e and improvemente la the modelhas of the repository propos to single.elte qualified quahty assurance (QA) spent fuelbebev6er with6m wwte j
charactenseuen(or.if necessary, he program la pleos.De Commies 6cm annisters tas be oppiled in performance
+
sequential site cherectortsat6en if t believes that the euroselve, sucesse-asessemeene largely irrespesuve of the Yvoce Mounta6n ette le found to be or6ested seedule for this eulestone has geology of e site. It may slee be unouttoble)will permit DOE to not suewed let unsupseted pertinent that when DOE made its aa,-
concentrate its efforte and resources on developments. indeed, the offert to year eeumate for the second repooltory i
information gathenne et e emple site, se develop an e oble QA m les program la m6d.1967. the new at the time opposed to sproedseg out its effone over in 6tulfiden probleme 6si poquired the simultaneous
[
e rente of sites.The possible pohedular control and other processes that must be cherectorisation of three piles, to that benefits to single.slie charseterissuon, resolved in order to establ6th a luuy.
DOE could not proceed to develop one I
however must be welshed for the qualified propam that addresses all site for a repository until the completion l
purposes of this Fnnding assinet the appl 6 cable NRC licano6mg requirementa, of chorectorisation et the eine that potential for edditional densys in Due, although the NWPAAla e clear toquired the moet time.
I Althout it is still possible for e i
repository ave 6tability if the Yucc.e and strong reaffirmauen of h
Mountain site 6e found to be unsuitable.
Congressional support for the timely repee6 tory to be eve 616ble by soo7 ance i
B) focusing DOE site adierectenseuen developsment of a repeeltory, the tf the current schedule does not incur ecuvtt6es on Yucco Mountain, the Commise60 sin this Waste Confidence maior additionaldelers,the NWPAA has enesat6any snede it review cannot ignore the potendal for Comm6eolon dess med beheve it would necessery for that elle to be found deley in repository ava61ebility if the be prudent to reaffirm the Agericy's 1904 j
l i
f I
f
F Fedetel Rosbe6er / WI. M. No.187 I Thmdev.' Semt St. test / Preposed Roles 99m findme e.Itenoneble ewmnee that the the ube of conometwa shot Yeems t.hereewneeren and wope poden etittt.atse timetable will be met. As the Mountsin wound met be Opend ou66able deve6epment wook et e6wo othee then Coun of Appeals rioted in temendmg lot repository development. It to the Yeoce Mwnte6e me.
mis inue to NRC. the ultimete reasonob)e to espect shot DOE would be Altheogh much of the work nieted to deternmotion of whether e disposal able to ten.h tbn concluien by the yosit wute form. mownels end pwformence facihty will be outleble when needed L'Illo. D6e would leave al years lw We utenment for the ween pockepe en
- ' ' can mevet noe ebove e ettelr.inent of reptestory weretions et proce,d (quty of m.eise wetmg.
prediction." De Comminitm it in the enMbet pile, position of hevmg to mech e definitM the myeetipo,no pelowd w weew P8Ch'M N'eis wnmp. D0re sonent finding on events which are almat two LA2. Timely Deuloposest of Weste 9888"' 8kF'*d 88
- decodes away. We bebeve that the Podesw and Endpowred Bemers schedule tw motitunonel emncele for tha guntion DOE's curvest conceptual elseaps for schedule ulle fee esopleting the ACD can mo's webetically be framed in the wem paahese is elemened 6e es for h mew pekey miset pel the decedes than m yem. As the proprem SCP for the Yeoon Moustom site. As we6te pekey 1.AD en tees.De ability proceeds into the mest century,it will mformehen a obleued 6cm mu a,,,, g. 4,w,,,ig 4,,,,g,,
tiecome esswt fw NRC ta make sno,,
chmenneouse souvisse and whethee DOE to ebne to tese6ve lab m te tudwe, de newptual outetendlne QA leeses wble have deimitive enenments,if neonury, of dwige wpeevolve 6e ausseemve stages Impeded shaft e6nking and in-one the time a repoeltory will be eveilable, It shold be noted bm that the boele I((b 0"#
immg.
,g nn man,$e Comolsewn te not twere for the 200t 3000 timefreme m the Court of any toentific or essenteel problems I'*
remend on the *Weate Confidentt*
DOI Nde issues he chened in the past in e ut f
8'IIVII " P'I'8' 8 " 'I'P*'"'
yeare. Den dette no longer repment tntwugeben related to the weste
'I ' * * ' Pk'8' '*d '"8""d the espected detes of empstation of the peep N NWuwpene bemet for a wpeelt et Yoone Vermont Yankee end Protne Island envuomment;(2) wole forse and M"" *
- I* ""I'
'"*I" O' 0"'
facilitits. When the operstmg bcenses metenele tootms; (3) duise, seelpie.
988"" 8'I N '"
- N **%'7' were ontmelly tesued for nuclear power hbpoemo promtyp im. pd Moreover, even gun the oncertataty inctors. heense duretions wer' H) periorsmew umempt. Nusewow regarding theailnmate Andmp of site computed on the be::s of e 40 yest untenamties eust is estA of sbm acceptabihty, and the uneenstety operstmg hfetime sterong from the date mu. DDE's twung prostem will
'# * "*8th*PIU*-MId of the construction permit ICP) for the attempt to reduce uncertainties m hoe pmmetm for which the engmeered facihty. For many facihties, five leere of pen wh,,, p,uigg, y,,,
- pgy, facihty and weste peekoge will have to more elopeed from h date oflunnte snu muns 2 empwwd 4 dearmu be doengned, the Commise6en finde of the CP untilinvence of the opereting eigenliceauy uneenamuse regudies the mesonobk eseurones that www license (014 in response to requests npwimry be we men k whid h Mckey and engmoered bergwe edens wW W em www fpwformonu===phood.le h development een be completed on a from utittues, the NRC sieff has agreed meo
== t.
eebodule that would persmt repeeltery to eatend the dates of espiration of the OLs by computing the 40.yest pened of however, where results of teletJvely opereuen within the first geener of the thn license from the date ofinuance of shon.kra mung of complex roc.k.
twenty.first century. lf peesseery (that th a DLinstead of from the date of the weste ground water interactions out it. lf Yucca Mountain were found C ',ne NRC staff hes alresdy chenped be estrepolated over se many as 10.000 unsuitable late in the progrem). DOE the espiretion dete for Preine island years, il mey be necessary to rely mor, cou)d initlete ette therectentation and Unite 1 and a from tre year 2006 to the hoevily on tne use of simplifying develop weste pockegos and engineered years 2013 end 3014.De eteff currently assumpuona and bounding condations bemere et another site or ettee and still expects Vennent Yankee to request e thn in ehr erus s>l kvastigouen.
commenee operet60n before the end of As discutsed under Findmg 1. the the first quartet of that century,
,w,,"n h.7,,,,Eg[. " g LA.S. Instituuomal Unearte6eues ecemt r 1.1007 th as e of the date of tssance of the OL for Vermont Yankee. it is eligible for estension of its pot.Lepe and enameered barnere can LA.S.e. Meoeme for sfooling with operating license espiretion to March be developed which will contribute to Fe ferol.$lete./ocoleoneems. In ite 1964 301L Therefore,if the temend were to meeting NRC performance objectives for Woote Corifidence Dee6esen, the the r,pository.no timing of aveilobility Comminion found that the NWpA occur iodoy, NRC would likely be of a compkie and high quality weste should help to ministee the potential eninung the anilability of a pockepe and engiacerod bemer LAD, that differences between the Feders.1 repoettery by 30124014. se these yeere specifical y their eve 61ebility on a Government and States and Indian m espected to represent the timeframe othedule which would pwmit repeeltery inbee will euktenthily disrupt et deley in which the 014 of the Vermont Yankee and luine Island facihties ete due to opmt6on by 200F-3 Doe,is more difficult the respository program.no to eseess et this time. In contreet with Commtesion noted that the NWPA
- espire, the technical fossibility leaves discesed reduced uncertainties eding the role in light of all these corstideratione, the under Finding 1. development of of effected States and tre in Commtulon believesit can have saceptable weste peekages and repository site seleeuen and evolostion, renonable escurence that et least one engineered bemere for a tepository in he Comm6plon sloo sold that Se repository will be available within the the 2007-2000 timeframe does depend on doe 6e6en making prosess set up by the first quanet of the twenty.first century, the overall acceptability of the Yucca NWpA provides e detailed, step ey-etep his estimate it besed on the time it site. lf the oito is found to be uneulteble, approach that builde in tegulatory wou)d take for DOE to proceed from site wute package and engmoered bemet involvement, which should elee preen ~de acreening to repository opereuon et a development will have to begin for d eenndence to States and tribes test the site other een Yvoca otounutn if this differerit alte, beoeuse, under the program will proceed on a technnestly should prove necessary. Anummg fot NWpAA. DOE may not carry oot elle sound and seceptable beste. Despite ee
swee Fedoest Register # Uot 64.1 2, 187 / Thursday. September T3. test / Peoposed Rules a spected and sentanuang bis 7 Adeun66treuen of the &...;nt tf 30s of the NWPAA. the Nuclear t7:ste opposioon O DOE siting activat:cs. the Labor for technical support end Techmc41 Review Board INWTRB)is to.
Comminion hos found no matitutional overopht for shaft construcuon and evaluate the technical and scient:fic developments sinc 4 that time that would other site cherecteessauon activitits, vehdity of DOE acurities under the f andamentally disturb its 19M and with the Department of NWPAA. including site charactenseuon cotirJusions on this pomt.
Transportation to defme the respective end activities related to p6s.kaging or NRC regulatory involvement. for responsibiliues of the two esenceu in transportation of spent fuel. The esemple, has indeed been built into the the weste disposal proprem. DOE also NWPAA also estabbshed the Office of proccu. DOE has contmoed its
.has mieregency egreements with the Nucles.t Weste Negotietor, who is to interactions with NRC regardmg Bureau of Mines and the U.S. Geological seek to negoti6te terms under which a repository prostam activities sinre the Sursey of the Department of the Intenor. State or indian tnbe would be willmg to I
Commiuson's 19M Weste Confidence DOE's efforte to addrene the contems host a repository or MR$ facility at e I
I decasion was 6uued. NFC provided of States.localpovernments endIndien technically quahfied site. Among the comments to DOE on me)or program tnbes heve met with mixed results. For dut6es of the Negottetor is consultation documents such as the Siting Guidehnte e aample. DOE has not succeeded in with Federal agencies such as NRC on and the PDS to regulrod by the NWPA.
finahams any consultation and the suitability of any potential site for and NRC concurred on those documents, cooperation IC&C) agreements as site charactensation.
NRC also rewend and provided required under Section tir(c) of the At the time of this wnting, the I
comments to DOE on the Dr.Aa and NWPA, as amended. These nemements Proe6 dent has not oppomted the IT.As. !n the December St.1ges letter to were to help resolve intate and Tribal Negotietor. On February 84,13eg DOE on the IT.As the NRC stoff rioted concems about publ6c health and safety. Congrouman Morns K. Udall and that ** ' ' alanificant efforts were environmental, and economic impacts of Senetot 1. Dennett lohnston requpted i
rrade by DOE to reopend to each of the e repository. Pubhceuon of the Siting that the President tabe action to appomt NRC staff mo6er comments on the DEAs. Cuidelines under section 11gle) of the an hdividual to this office. A Negotiator and in fact many of these comments NWTA teoulted in numerous lawsuits could contnbute to the timely succen of have been r3eolved." NRC provided chellenging the validity of the the rnpository program by prov6dmg an j
comments to DOE on the 1987 Droft Guidthnes. Similarly, the IT.As were allemstive site to the Yucu Mountam Mission Plan Amendment, and DOE challenged in the Nmth Circuit by site that would still have to be techically responded to most of these comments in affecied Steles and inbes.
ecceptable, but that would enjoy the the Fmal Minion Plan Amendment The NWPAA did not curtail fmancial edventage of reduced instituuonal prended to Congrns on lune 9.198?.
essistence to effected States and tnbes, uncertainties resulting from opposition Since enactment of the NWPAA in except to redefine and redistnbute it if to State or effected Indian tribes.
4 December 1387. DOE-NRC intera ctions DOE and a State or inbe enter mto a An additional meesum which may have fooned on the Yucca Mountain benefits agreement.De State of Nevade facilitate documenteHon and site. In January late, DOE inued the and effected local governments are communiceuon of concerne related to e i
Consultauon Draft Site Charactentauon currently receiving fmancial emetence, repository is the Licensing Support i
Plan (CDSCPI for the Yucca Mountam DOE has attempted to negotiate en System (LSS). The LS$ is to prende full l
site. The NRC staff provided comments spreement with the State of Nevada for text toerch capability of and easy in the form of draft and fmal
- point monetary benefits under section 170 of access to documents related to the papers" on the CDSCP. no NRC the NWPAA. This section would licensing of the repository. Although the comments included several objections prende for payments of 310 million per pnmary purpose of the LS$ is to related to:(1) The failure to recognize year before receipt of spent fuel, and 8:0 expedite NRC's review of the the range of etternative conceptual million per year efter receipt of spent construction authonestion application models of the Yucca Mountam site:(:)
fuel until closure of the repository, for a repository,it will be en effective the status of the quality assurance (QA)
These payments would be M addition to mechanism by which all LSS plans for site charactentation actinues:
certain monetary benefits for which the perucipants. including the State and and (3) concems related to the State is eligible under the NWPA as local govemments. can acquire early exploratory theft facility. Although the amended. Also under a benefits soons to documents relevant to a December 1968 SCP show a improvement agreement. a Rev6ew Penelwould be repository licensins deciolon. DOE has over the CDSCP.NRC contmues to have consututed for the purpose of advising the ruponsibility for designing the LSS en objecuon involving the need for DOE on matters related to the and bearing the costs associated with it.
implementing a buelmed QA program repository, and for aselstins la the and NRC will be twponsible for before begmmog site charactenistion presentation of State. tribal, and local implementing it.
and as abiectaan involving the need for perspectives to DOE.The beneficiary to procedurn for the no of the LS$ are DOE to demonstrote the edequacy of a benefits agreement must wolve its part of revirtons 1010 CFR part 3. NRC's both the ESF dnian end the design right to disapprove the recommendation Rules of practice for the adiodiestory control procen. DOE le committed to of the site for a repository endits rights proceeding on the applicauen to receive heving a quahlied QA programin ph.ce to censin impact assistance under end pouns weste et a repoeltory, before ombrig the exploretory shaft at sections 113 and its of the NWPA as nue revisions were the result of a the Yvoce Mountain otta.
amended.To date, the State of Nevada
" negotiated rulemaking" process in DOE has also taken measures to has declined DOE's offer to negotiate a which affected parties meet to reach clanfy and insututionellas the roles of benefits agreement, concensus on the proposed rule.no other Federal agencies in addition to ne NWPAA introduced several new members of the negotiating committee NRC. In the Draf t 1988 Mission Plan organisational entities to the repository included: DOE: NRC: State of Nevada:
Amendment. DOE desenbed proprem with responsibillues thei may coalition of Nevada local govemments; interactions with these agencies. DOE contnbute to resolving concerns of coalition ofindustry groupe; and a has a Memorandum of Understandmg Federal. Sta te. and local govemmente coalition of national ennronmental (MOU) with the Mine Sefety and Health involved in the program. Under section groups. no coalition of industry groups 1
g
Fedesual Reg 6Hw / V:1. 64. N3.187 / 'thundev. September an. tage / Proceeed Roles so m diesented on ebe Anal tert of the the podienee6ve weene dispetel problem MRS. Cenprese did ootebnish sevent pmened rule. but the noget etme wom6d 16hely imderpo twthet celeye. The new entives for the pwpose of odeems promos onebled NRC to prodoce e Commip6en toppended that in the years DOE em metten teleted to she wate proposed rate reflectmp the someeneus since the Adamnetret60s bed proposed proprem, such se the NWMtB end the of moet of the mtweeted pomes on on to deementle DOE la Septosiber test.
Revew panel, to be eMobbehed if DOE 1
Imponent repository bcensirir inue.
Congrepe had not octed on the proposal.
and e $ tete et tnbe enter into e benefits NRC le committed to sele shopool of The Comm6 pean funhet etened that even esteement under section 170 of the redienetive weste end the protecuon pf if DOF were abohehed, the mutiest NWPAA.Conyves prov6ded further pubhc heele and eefety and the weete p oprem would simply t*
indicentm of its Intent that DDE enntonment. Any 6 tete with a transferred to onether openty. The metniem management sentrol of the condidee eine for e repositcry should be Commission ahd not view she potenbel m ute propom for the foreseeable future suured that a repeestory will e et t e trensIer a proprom monopossent se in reqwnn$. under eethan ist, that the licensed tf it does not meet NRC cntene, rnultma en e significant toes of sect,tery of pog ** ' ' topwt to the NRC has its own proprem for 6mterection.momentwo m the wette propresa %e pres 6 dent and to Congrees en or efter with the State of Nevede end offected (esesuasion sloe sancluded that the
- enuary 1, actr1, but not later then units of local govemment. end will enactment of the NWpA. wh6eh pave
- giury1.3010, on es med tw a wcond conunee to pende information to DOE leed peepano6 bel 6ty for repeestery 7,p,, gory, Nevede and sono 6det 6 tete concerne ee developenent, further toduced teguested, uncertemtee sie se the sentowty of Me h nN to py, beweyw, eH em
)
h We esime new probimu h J
Given the difficult notes of elting a menapement of the weste preprom.
the DOE program. benee the eneetment repository, the Commtp6cn beheves that Section 303 of the NWpA d6d.
the NWPA. es amended, het ethieved however. require the Geeretary of of the NW PA m 190 only one sif the five Dmmte of DOE's Omm of the proper balence between prending F.netyy to *' ' ' undenske a study Civilan Radioscuve Woote i
fot pomcipation by aflected parties and with respect to attemettve opproaches prendme for the esercise of Io mensgmg the construct 6en and Me**88"**iIO N MIhu hid ee t
uon on a permanent basis.
Congrenioul authenty to carry out the opereuen of all etvihen radiomettve fnedguete proppow soward se national proprem for weste disposal, w a ste f acshtite, including the fessibility The NWFAA provides edequete of estabhshme e privete corporetion for opwouse mpository has esmeermed opportunity for interection betm een o uch purpose." To c.orry out this uvnel Congmassonal obemere, j
DOE and other Federal egentin. States.
tecuirement. DOE estoblished the includmg Senetot 1. Dennett Jahr6ston.
tntsee, and local governmente such that Advisory Penet on Attemative Mess of Chairmee of the Senate Georgy and conseme een be presented to DOE for Fmenems and Meessnne Redieseuve Natural Resowese Camewies. in ebruary less eenArmates beermes der (4
1 Mi of Emeg doosseste apprepnete testen. Iloth the NRC and Weste Fociltun, which emme to be 1
the State or tnbe een emettise known se the "AMFM" panel.The consideroble preropetive regarding Penel's final report, loved 6n Desembot lease Wonkana Seasserlehnetes repository development. The $ tele or 19M. concluded that several Hsongly enuchoed mountees east tribe may diospprove the ortenitatior$61 forme are more putted prombone and led of progrees in the recommendauon that the site undergo then DOE for maneging the weste proprom. and telled for nenw and i
repository development.nie proprom, including on in6ependent stronget meespement.
l disapprog 41 c.en be ovemddt.n only by Federal opency or comoun6en. e public Whether the messagement struotwe of i
vote of both houses of Conerne within corporat6en. and a pnvete corporation.
the respository C, ct program 90 days of continuous senion. lf the The report identihed a publ6c should in foot be cheaped 6e e demenon State disapprovalis overridden. DOE corporation se the preferred ettemative best left to othere. The Commisolon i
may submit en application for on the besie of enterie developed by the believes that e Anding on the hkely euthontation to construct the Panel for en ecceptable weste ayellebility of a repository should take -
i t
repository, and,if approved, a management cryonleeuen. In part6oulet, teensgesnent probleme inte senaunt. but subsequent oppl6cetton to receive end the report indiosted that a pubhc finde no beels to dimin6eh the degree of pouch weste for emplacement. NRC corporation would be stable, highly soeurence in its ten eemoivolon on this l
I will make doo6e6cne on the license minion onented, able to see6nte6n leaue. Evente omos the embeteenes of the l
oppheauene sonording to the credibility with stakeholdere, and more AMFM Penel report de met lad 6este tinst requirements of its etetutory mission.
responenve le regulatory sentrol then a there will be a fundamentalebense 6e Despite the compleulty of the overall Federol eseestive agency.
the continuity of the manageonent j
p ocme and the ottone views of the Commenting on the AMFM panel's otracture of the progrom any 46me econ.
participsete in it, the Comreluion sees report in Apnlists. DOE etoemmended in addition. it eennot be enemmed that i
no compelling reeson to conclude that retaining the present management the progrom would encounter i
l current institutional arranpemente are structure of the weste proprom et lust e6pnficantly lue difficulty with a new inadequate to the took of resolvmg through the otting and 16cenetne phase of management structure than 6t would j
f; tete. Federet and local conceme m the program.Congrees did not take continuing under the present one. Under j
time to permit a repository to be scuon to implement the Penel's either sceneno. however, the evalloble within the Aret quarter of the recommendet6ene. and DOE's Commisolon believes it would be more Iwenty first century.
menetement of the weste program het prudent to empoet respository operations i
2.A.S.h. Continuity of the meespement remained uninterrupted, efter the 2007-3000 thnefreme thee of the weste program. At the time the By enacting the NWpAA. Congrees before it. Neither the problems of a new i
Comminion 6pued its itM Weetc effectively reaffirmed DOE's continued menegement structure nor thou of the Confidence Decision, the possibility that management of the weste progrem.
existing one are likely to prevent the DOE functions would be treneferred to Congreso did not revloe DOE's role se och6evement of repository operettone another Federal agency wee cited as the the lead opency responsible for within the first quarter or the nemt besis for concerne that the resolution of developme it of a repository and en century. howes er.
I
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33732 Todeest Rosi6ter / Vcl. H NA 187 / Thursday. September it.. mg / Proposed Rules -
2.A.3 c Continued funding of the adecuacy of Nuc. lear Wasn Fund fees is la ter. Section 30tf s)ll)[D) required'thei t.ucle er creste tr.anatement prortem.
the lik;hhood that a angruhcot Eumber c:ntrac3 between DOE and ttihties for tection 303 of the NWPA authonted of utihties will reque64 renewals of nyments to the n'este Fund provide DOE to enter mio contracts with reactor operstmg hfetimes beyond their that DOE wiu began d.ppoame el 6 petit generators of electncity frorn nucleat current OL espiration delet. OL tentwel fuel or high.let el w este t,y January 31.
reactors for payment of 1.0 mill (0.1 cent) would provide additional time during 1998.
per Lilowatt. hour of net electncity which Nuclear Weste Fund fees could in httle more than a yest afiet renerated in eschampe for a federal be ediusted. if necep6ary, to cover any enactment. the 6theoule established by Goie rnment commitment to Ide title to future increase in pet unit costs of waste the NMTA btgen proving to be ite spent futt from those reactors. In the menspement and dispo6al.
optimistic.1n the telerence schedule for tom Wute Confidence Decision the The Comminion recognises the the repository presented in the Apnl Commission noted that all such potential for prostam cost increa6u 2DH Draft Minion Plan. for eumple.
tentracts with utthties had been on er estimates m the 1987 Nuclear DOE 6howed a shp from lanuary 1960 to e secuted. After the 19M Decisinn, then.
Wute Fund Fee Adequacy Report. If
, Augut 1993 for the decision on President Rtspan decided that calense there is a signifit. ant delay in repository construction authorisation.
hirb. level wastes are to be collocated construction, for esemple. it le In the 19M W6ste Conhdance with cavahan westes from commercial reanonable to e6aume that construction Decision. the Commission poeogmaed riucleat power reertors. DOE's Office of costs will escalate. There may al60 be the possibahty of delay in respository Defense Programs is to pay the full cost additional costa associated with at.
availabihty beyond tees and did not of disposal of defense waste in the reactor dry cask storspe of spent fuel,if define its to6k as hadme eenfidence that repository.
DOE does not have a facihty available a repository would be asailable by the l
DOE is required under section to begm accepting spent fuel by the 1994 1998 milestone in the NWPA.The 1
332(a)(4)of the NWTA as amended, date specihed in the NWTA. These costs Commi66:en focued 6n6tood on the
)
"' ' ' annually (to] review the amount would be further increa6ed if one or quution of whether a repetitory would j
of the fees * * ' to evaluate whether more licertaees were to become be available by the years 3007 300s, the c ollection of the fee, w611 provide insolvent and DOE were required to date cited in the court remand as the t
{
sufficient revenues to offset the costs assume rnponsibihty for storage at espiration of the 014 for the Vermont
' ' ' "in the lune 1987 Nuc. lear Weste affected reactors before 1994i.
Yankee and Preine Island reactors. The i
Tund Fee Adecuacy Report. DOE The fullimpact of the program NRC behered that the NWPA increased 1
recommended that the 1.0 tmil per reda'ection res ulting from the NWPAA the chances for repository availabihty l
kilowatt hout fee remem unchanted.
and the outlook for the timing of within the first few lears of the twente l
This assessment was based on the repository availabihty will contmue to first century, by s pecifymg the means ict usumption that an MRS facihty would be sueued annually. lf it does appear resolvsag the r A titutional and technical open in 1994, the first repository would that coats will onceed available funds, luues most th ly to delay repea6 tory 4
1 open in 2003, and the second repository there is provision in the NWPA for DOE completion. t) estabh6hmg the process in 2023. Tht6e a6sumptione do not to request that Congresa adjust the fee for comphance with NEPA. and by reflect thanpes in the waste program to ensure full. cost recovery. Thus, the setting requirements for Federal i
brousbt about by the NWPAA enacted Commission finds no reason for agencies to cooperate with DOEin
)
6n Decemoer 1987.Two such chantes changing its buse ccnclusion that the meeting program milutonte. Finding with significant potential tmpacts were long term fundmg provisions of the Act that no fundamental technical 1
the suspension of site specific activitits should provide adequate (mancial breakthroughs were necepart for the related to the second repoallory until at support for the DOE program.
repository program, the Commiulon least 2007, and the Imkage between 2.A.3.d. DOE's schedule for repository predicted that "' ' ' 6 election and j
htR$ construction and operation and the development. At the time that the 1964 characterisation of suitable sites and grantme of a repository construction Weste Confidence Decision was issued.
construction of repositones will be authonsation, which will probably occur the Nuclear Waale Pohey Act of 1982, accomplished within the general time no eother than 1998.
enacted in January 1943 heJ been in frame established by the Act (19981 or Accordmg to the Draft 19t8 Mission effect for less than 20 months. The within a few years thereaflet."
plan Amendment. DOE should currently NWPA had established numerous in lanuary 1987. DOEleeued a Draft be preparms the 1968 fee adequacy deadlines for vanous repoaltory Minion Plan Amendment to apprise analysis on the beste of the changes to program milestones. Under section Congrus of eigmficant developments the waste program brought about by the 112(b)(1)(B), the NWPA set the schedule and proposed changes in the repository NWPAA.The new fee adequacy report for recommendat60n of attes for program. !n the Draft Aenendment. DOE will reflect overall proprem cost savings charactentation no latot than January 1.
announced a five year delay in its to the utilities teoulting from t (1) 1966. Section 114(a)(2) apecified that no schedule for reputtery availabihty from Limiting site charactentat6on activities later than March 31.1987, with provision the first quarter ofless to the first to a single site at Yucca Mountain.NW for a 12 month extenaton of this quartet of 2003. DOE a reasons for the and (2) the DOE Office of Defense deadhna, the Prealdent was to delay included the need for more time Programs' sharing other program costs recommend to Congress one of the three for consultation and intwrection with with generators of electnotty ** ' ' on charactersaed sites quahlied for en States and Tribes, the requirement in the basis of numbers of waste canisters application for respoellery construction DOE's 1987 budget the funds not be used handled. the portion of the repository authorisation. Under section 114(d),
for dnihng esploratory shafte in 1987 used for civilian or defense wastes, and NRC was to issue its decision approving and the need for more informat6on than the use of vanous facihties at the or disapprovmg the issuance of a previouly planned for site selection and repository."in addition to paying for construction authonsation not later than the licenas application. The 1987 Draft activities solely for disposms of defense January 1.1900, or the espiration of Minion Plan Amendment set the second wutes. An additional factor which may three years after the date of submiulon quarter of1988 as the new date for eventually also contribute to the overall of the opphcation, whichever occurs exploratory shaft construction at the l
l 1
j
. ['
rederal Resister / Vol. f,4. No.167 / Thursday. September 23, 1940 / Proposed Rules
$9783 l
Yveca Mountain Site. When the final the NRC staff has undertaken to refine sienificantly when they are reissued.
198? Mission Plan Ameridment w as its regulatory framework on a scheoule DOE will ree valuate the edequecy of its submttied to Congress trilune 1M?. the that would sull permit DOE to prtpare testarip prost6m.
I scr.toule for 6 haft smkmg at the Yucca and submit an opphcation for repository N Commmion beheves that DOE's Mountain site hed shpped sta moritts to coristruction authonaation under its 6pproach is reasonable. Much of the the fourth quarter of 1%4. Conettu d2d current schedule. The Corr. mission fully mformauon required to demonstrate rmt take action to approve the lune 198?
expects to avoid delaying DOE's comphance with the EPA standards is i
M ssion Plan Americment as DOE had program. while working to reduce the espetted to remem the 6ame regarditas I
teoutsted.
uncertamties in NRC regulatory cf the numencallevel at wh6ch each i
On December 221987, the NWPAA recuirements that could become stanoord is set. Considersna the w as enacted.The NWPAA has its maior cententions an the hcariattig prottedmg treportance of developes the repository spect on the respo6l lory prografo in Es en if there are any delays resulting for waste disposal se ear 6y as 64fely suspending site charactensauon from a need for DOE to accommodate oracticable,it would be inappropnate activities at the Hanford and Deaf Smith more speciht regulatory requirements in for DOE to suspend wwk on County sites and authonang DOE to its site charactersaation or weste development of engineered bemers
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charactense the Yucca hoountain site for package development programa, pending te6asuanoe of the standards, i
den elopment of the first repository, riowever, the Commiuton it confident unle64 EPA had given clear indicauoris j
DOE subseouently issued the Draft that the time sevmps m the hcensms of maior chanps in them.
1968 Mionion Plan Amendment an lune proceedmg will more than compenaste Another possibbty la that. Popedios 1M8. to appraise Congrees ofits plans for them.
of py cheape to the popromulpted for implerr entmp the provisions of the in view of the delays in emploratory EPA 64ndards, they will be htigated in NWpAA. in the Draft test Mission Plan shaft est.at auon omte the 2003 date for Federalcourt. Eunif eis provn to be Amendment. DOE's 6chedule for shaft repository availabihty was set. it may the case. however, the Commission smkmp at Yutta Mountain had shpred be optimisuc to expect that Phase 1 of beheves that any such htigaben will still another sin months to the second repository operauone will be able to p,,,,g gpA to promulgate feel quarter of 1989. At this wnung. the begitt by 2003. As DOE's schedule for standards well within the time needed I
scnedule for sheft sinking is November repository availabihty as shpped a year to emble DOE to bege ropository 1969 but NRC and DOE have erreed and half smce the date was changed that DOE Must first have a quahfied QA from 1596 to 2003, the eathest date for operations at any ente wahin Ge first I
quarter of the twer.ty first century.
prortam in plate. DOE efforts to date to repository availabthty would probably qual.fy 6ts QA pro be closer to 22.
Given the current pace of the DOE issues requinns Dbram have revealed E attenuon before An institutionallosue that may further program and spumme that the QA l
shaft escavation can begin, and it is affect DOE's schedule is the status of Prograve can be qualihed and shaft i
possible that additional 16eues aficctmg EPA stands.rds for disposal of opent fuel excavauon Wun meta &e Mxt yur.
DOE's readmesa will come to beht.
and high level weste. These standards the Comminion Ands it is eull pouible.
Reabetically, as the date for shaft are recuired under section 121fe) of the sough tne lakely,het a nponnory at sinking shps, the date for repository NWPA. Under to Cm 3011L NRC's Yucca Mountain mu be ensiable by 3
operation must be adjusted to reflect overall postclosure system performance 27-2R To the etwnt that de this shp. This might not be the case if objective. the geologic settmg shall be expirabon of the Ou for Preirie taland the ongmal schedule had provided for selected and the engineered barner and \\ ermont Yankee contmue to be penods of time between entical system. which includes the weste relevant in this proceeding, the milesiones that could absorb delays packere, must be designed to suure Commission bebeves it is more hkely without affecting the schedule for that releases of eedioactive metenals to that a repository will be available by the repositery operation. This is not the case the accessible enviroriment, followmg anticipated dates of extension of the j
with the schedule for the reposttery. The permanent closure, coriform to EPA's 014 for those plants in 3012-2014. !f repcsitory schedule has always been standards. 40 CFR part 191. the EPA DOE Letermmes that the Yucca j
ar.gressive and highly succese onented, standards, first became effective in Mountain site is uneuttable, the in comments on the Draft 1833 Mission November 1833. In luly 1937, the U.S.
Commluion considere it nasonble to i
Plan Amendment, the Commission noted Court of Appeals for the First Circuit expect that DOE could make this i
that the schedule has not allowed vacated and romanded to EPA for determination by the year 3000 and hos e adequetely for contingencies, and thet.
further proceedings subpart 8 of the a repository at another ette available I
given the compression in the schedule high level red 6eactive weste disposal within the first quarter of the next for near term program milestones. DOE standards. As noted under the century.
has not shown howit will be able to aforemenuoned 1.A.1., the standards 2.A. Ae/ event /ssuee Tfoot Nore Arisen meet the 2003 milestone for repository have not been toissued.
Since the Commisasonis Original operetion.
A significant enodefication in the Dec>alon Another potential tource of delay in reissued EPA standard may affect the LB.1. NRC stated in 6-14 37 repository availabihty may anse from Schedule for completme the design of correspondence to Sen. Breaux en l
NRC regulations. The Commission the weste package and engineered pending nuclear waste legislation that believes that current NRC rules are fully barner to the extent that design testmg under a program of single site i
adequate to permit DOE to proceed to is planned to demonstrate compliance charactentation. ' ' there may be a I
develop and subn'tt a repoentory heense with the standards. DOE's current site greater potential for delay of ultimate l
appheation, but further clanhcauon of charactenaation plans for demonstrating opetetion of a repository than there is l
these rules is elestrable to reduce the compliance with 40 CTR part 131 are under the current regime where three time needed to conduct the licensms based on the standards as promulgated sites will undergo at-depth 1
proceeding itself. In order to meet the in 1968. DOE is proceeding to carry out charactensation before e site is three year schedule provided in the its testing program developed for the selected." To what extent does the i
NWPA for a Commission decision on onginal EPA standards. DOE has stated NWPAA raise uncertainty about the repository construction authoritation, that if the EPA standards are changed identification of a technically acceptable i
1 1
3p?se Fodnel Respeler / Yol. St. No.137 / nunday. Septerber 24, 1999
- Proposed Rules 4
l sue and potenbal deley in reposit:ry site will te 6denh0ed by providing that it be posenble O determnne the tot $1 i
avoutbahty by hnittas site DOE may construct a repository at a quenury of ween that could be a
l ct.orecientation to e emple candidate riepousted site esty if authonsed by st*ernmodeled et the site."
I siit (Yucco Mt.1 and by psioing the NRC. Given these seleguerde on
- e. Do the invee of hmited spent fut!
]
pssibihty that a negotiated agreement telection of a techtdoeuy oceeptable cepocity et Yucca Mountain, indefinite
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rnight influence repository of te atlettiorii sitt, the Comminion dote not consider supeMien of the peond topetitory j
Does this uneeneinty effect confidence that the possibility of a negousted progres6 and tbt hkeliheed that no m the eveihbihty of a tvepository by arreement reduces the likelthood of more then one repository will be
- a;iNmst
, finding a technically quellfled ette.
ave 61eble by 3307 340s undersmne the l
In provid6ng comments to Conrren on The Commin60n ranned the concern as NRC's 19M suurenc4 Set " sufficient j
troposed amennmente to the NWpA.
e erly as Apn11937 that under e prostem repooltery capacity will be eveilable i
NRC took the position that almultaneous of siosle site chorectentation, there within 30 years beyond empareuen of 1
site chorectensation of three sites, es could be considerable deley while any teactor opereung 16 cones to dispose I
required by the NWpA. was not chorectensation was completed et of etteue4 commonaal high level riecmary to protect public health and another site or glate of ottee if the radioecuve wette and opent fuel l
sefety. NRC fureer stated that the mitteUy chosen ette were found ongm6has na such rotoset and adequery of a elle for coneiruction madequete. By tervannoung site genereted up to that ume?"
authonsstion would ultimately be cherectenaeuon ocuvittee et altemative
- b. le there autho6ent uneetta6nty in I
deternmed in a beenoms proceedmg.
sites to the Yucca Mountain site, the total spent fuel pro 6ect6ene (eg. Itom l
end that NRC would only bconee a site NWPAA has had the effect of increestng estension of.lde boense amendments.
that utisfied NRC licensmg the potential for deley in repository renewel of operstmg bcontos for en reomrements. As ducnbed nett, the suitabihty if the Yucca Mountom site addiuonal 30 to 30 yure, or e new i
Commission beheves that the NWpAA proves unsuitable.The provision of the ponereuen of reactor designel that this
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conteme numeron previolone to ensure NWTAA for a Negotietor could teduce Wale Confidence review should j
that a technicelly soceptoble site will be the unotrtemry and eseociated deley in consider the inoutuuomal eneertetntite j
ioentified, restatung the repository prograrn by ensing from hayas to restart e escond ne NWpAA don not reduce the offenne en attemete to tt.e iucce repository prostemf scope of site charactentation actmties Mountom ette: but et the ume of this L8.2.e. Althoush 6t will not be that DOE ls authonted to undertete, writing. e Negotietor has not been ponible to determine whether Yucce The Amendments Act establishes e appomted.
Mountom ten accommodele 70.000 Nuclear Weste Technical Review Board it should be noted bore that the MTHM or more of opent fuel untti efter composed of individale recosamended repository program todarocuen under the site charaotenestapa the Consuemon J
by the National Academy of Sciences NWPAA does not, per se. heve e does not bel 6 eve that the queouse of and appemted by the president to sigvuficant impact on the Commission's reppettery espeelty et the Yuees evaluate the omenhhc vahdity of DOE enurence of repoettory evetlebihty by Mountana site abound be e malet factor i
acuvities, including s;te charactentstion 2007-3003. De Commismon's in the analysis of Findmg 8.This is
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ocuvmn, and to report its Andinge et reserveueno about reaffirsame this because it cannot be usumed that least semiermuelly to Congrees and timefree e denve ime other Yucco Mountain will ultimately undergo l
DOE.The Amendments Act also conude'etions,includag delays in development es a repository.The j
provides funding for technical sinking shefte and the potestal for other genene issue of repository capacity does i
assistence to States, tnbes, and effected deleys in meetme program attestones, add to the potential need for more then i
units of local govemment. Finally, des i
that would beve annen without the one repository, however.
section 100(11 of the NWpAA provi NWpAA.
As noted earher the NWPA j
that "Nothing in this Act shall be The Amendmente Act does,however, niebhahed deadlines for sneHe j
construed to amend or otherwise detteet t ffectively make it necessary that Yucc.e milestones 6a the development of the from the beensing requirements of the Mountain be found suitable tf the 3007 first and the second repository j
l NRC established in Title !! of the Energy 2005 timeframe to to be met: this target programe. De Act slee requ6 red NRC to Reorgentsotion Act of 1p74142 U.S.C.
pened would almost eartelany be leave e Anal deeds 6en on the 1
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$N1 el seg 1."In providing for thne unschievable if DOE had to begin construction authertution opplication reviews and in reefntming NRC's screening to charactense and beense by January 1.1005 for the hret i
heenoms authenty, the NWPAA ensures another site.Ne, conf 6dence is repoellery, and January 1.1983 for the that a candidate site for a repository repository evallebility by 3 Der-3003 eseend (or w6th6a three years of the date must entisfy all NRC requiremente and imphoe eenhdence to the suitability of of submiselon of the appl 6estions, enteria for slioposal of high level Yvoca Mountain,no Commise6on does whichever occurred later). no july 1864 todiosctive westes in sloonsed geologic not went its inndings bore to constrain in Draft DOE Mission Plan eet January repoeltones, any way its regulatory dienretion in e iges and October a004 es the detes for Section 402 of the NWpAA heeneing proceed 6ng. no Comm6selon commencement of wesie emplacement i
utobilohes the Offnee of the Nuoleer has therefore concluded that even if the in the first and second repositories.
I Weste Negotiator.no duty of the progrwm were on schedule. It would be steumme that Congrose6enal Negotiator le to ettempt to find a State inappropriate to reaffnrve the 3007-800s authonution wee obtelned to construct or tribe willing to hool e repository or timeframe in the 1984 Decision.
the second repoe6 tory.
MR$ et a technically qualified ette.ne 1.B.I. In the Draft iges M6ssion. plan No.et the time the 1ste Weste Nerotietor may solicit commente from Amendment. DOE stated that Confidence Dee6s6on was leeued. DOE NRC.or any other Federal agency, on
" ' ' the date ind6este that the Yucca was authertsed and dirooted to earty out
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i the suitability of any potential elle for Mountain site has the potentiel especity two repoeltory progromo under e l
site chorectertsetion. Section 403(d)(4) to accept et least 70.000 hf!HM [ metric schedule to make both fastlitles I
strengthens the Commission's tone heavy metal equivalent) of weste, operet6onal by sopr-ages. DOE and NRC confidence that a technically acceptable but only af ter elle chorecterisation will were slao working undet the constraint.
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Fedetel 8tosister / Yol. f.4. No.187 / Thursday. Sep"tnket 24, 1968 / Propowd Itales M?H
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sullin foru undet the N%TA 4s probably underootienues total opent fuel tet.hnical somponent relates to the smenced, that iso more then 70 010 dt6t.t.6ftet. Aleo. St NWpAA and not rehebility of eterope hwdwere end AmN may be empleted m tt.e first chante die teoastemerit that me more enpmeme structures le provide lot the repceitory before die second is in then 10.000 MTMh4 could be empleted in wie etwepe of opent fuel. An exemple operouon becane DOE numeitd at the fest repostiory before opereuen of would be sie ebdity of opent fwl the ume that commercial Lf $ nucleat the ettend. It therefore oppears hLely attembhee le wittenes a sortophon powet ;iante with opeteting litensts or that Iw o repositones will be needed to within 6 pent fuel eterope poela. or the constiutuen permits would distharge e dispose of all the operit fuel and hiph.
ebahty of tonertie opostures to memte.m totalled.guo hm{M of opent fuel. it
- level wute from the current genotenen thea intepnty et er long penods. tn the oppeared that at least two repositonts of it e ctors, unlete Congres providu 19M Decision. the Commission found would be rinded.
statutory tellet from de 70.000 MTHM confidence that enslable tes.hisoloty in the 16M Weste Confidence hmit. and the fast eine het adequele could in etteet provide let ufe elettre Decision. ructees were teoumed to capocary to hold all of et opent fel 6nd of 6 pent fuel for et luet 70 yett6 heve e 40 year operetag hfeume, and high level weste genwetod. The The Commonion's use of the bec. awe the earheet bconees were Comminion teheves that if the and for opremen"30 yewe beyond empteuon issued m 19h8 and the ently 1MO s, the an additional topository le estabhshed, of thy teetter opem besmee"in the oldest plants' licensee were sue to Congress wdlprovide nne needed 1994 Find m g w ee sethe empire H early as tese and 3000, os in6titutional support and fundmg es it undetettrisms that the 16 cones dmcated na poes delad kolow, has for the feet repository.
empirouet dele relerved to the Although it wee aspected that e t le a st For all but a few beenood tiucteet poheduled empteuse date et the time one repository would be steilable by power reactors. OL4 will mot empire until the heenne tsu escued. it woe also this tirne, there was also e hmit as to some ume in the f6tet Stee dotedes of based on the underet6nding that. m how quit.Lly opent fuel could be the twenty first century Govetal vuhtin order to refuel the reasset, some spent accepted by the repository. DOE had are currently planning to have their OLs fuel would be desbesped trem the eeumeted that waste oceeptance totes renewee for ten to 30 yeets beyond the teactor withm twelve to seghteen of Mao hmN per year could be crismal ht4nse empiteuen. At these months after the start of fuu power,
actueved 6fiet the complebon of Ph6:e :
of the first repository.This tote tould reetters. currently evenleble opent fuel opetsuon.
storete siternetises effectively temove ha. the Commi6esen undetetoo[I s pentally double af two repositories storate esMcity so e poteetal that, depending on the dele of the first were m opereuen. At 6000 MTRWiest.
testriction for safe opereuens. For these teactor outsee for refwhns, some opent it was esumeted that all the anticipeted reesons, a repository is not needed by fuel would be stored et the reactor eine spent fueltould be emplaced m the two 200N000 to pres nde dispotal sep6 city for most of the e6 year term of the t,positones by about the year 2006. This within 30 years beyond empiretion of typical 01.1R finding that opent fuel wu the buis for the Commtssion s most OLt.l! work to begun on the position that sufficient repository 6econd repository program in 3010. the c.ould be safely stored at any este for et least 30 yeare afiet empiret6es of the OL capacity would be available withm 30 repo6; tory could tie evadable by aban, for that tucter, the Commiseson
) ears beyond esparation of any reactor according to DOE's estunate of 2.6 years OL to dispose of eustmg commercial for the 4me it will take to tatty out a indicated its especteuen that the total high lesel wute and spect fuel program for the Meond rep 06ttory.Two duration of spent fuel steesge et any teactor wou6d be about 70 ye6rs.
ontmoung m outh teactor and repositones avatlable in approumstely genere tto up to thei time.
2005 and 2035. esch with acceptance Taking the urheetlicensed power in Mey tees, however. DOE rates of MOD MTHM/ year within uveral teactor, the Dreedon i feedity licensed announced an indefinite postponement years after commencement of in 1969, and adding the full 40 year of the second repository progtsm. The operat ons. would provide s6outante operating license duration for e scheduled hcente espiration m the year tessons for the postponement meluded that sufficient repository capacity will type, the Comminion's finding would decreums forecosta of opent fuel be steilable within 30 yurs of OL therefore entail temoval of all opent fuel discharges. as well as estunates that a empitsuon for teactote to dl6pote of the from that tuttot to a topository withm second repository would not be needed spent fuel geneteted at theit sites up to as soon 6: ongmelly supposed. Wtth that time.
the succeedmg 30 years or by 3020.
enactment of the NWPAA in December There are severet teettora, howevet, Even af a repository were not avalleble 1967 DOE was required to terminate all whose 014 have already empired or ete until the end of the bret esattet of the site specific scuvities with rnpact to e due to empire within the nett few veers.
twenty.fkret aantury. DOR would have et 6econd repository unless such activities and which are now licensed or wdl be least fout years to obip the teactor s (43 by Congress.The NWPAA required licented only to poteoes their spent fuel. opent fuel enemblies totalling 70 metric vere epocifically authonaed and funded if a tepotttoryis not available unul tone inlual heavy metal (MTlHM) from DOE to report to Congress on the need about 2006, then teactors may be Drnden1 without emooeding the Comrmnion's 304est estimate of the for a second repository on or after excepuono to the second p6tt of the lanuary 1.2007, but not later than Commineion's 19M Findmg 1. which w as maximum time it would take to dispose of the spent fuelgenereted in that fenuary 1. 0010.
that sufficient repository capacity will reactor up to the time its OL empired.
Current DOE opent fuel projections, be evailable within 30 yuts beyond the (MTIMH is a mosaure of the mas of the bued on the suumption of no new expiration of any reactor OL to dispose utentumin the fueller utenlum and reactor orders, call for 87.000 MTHM to of the commercial high level weste and have been penersled by the year 2036.
spent fuel ongmating in such tuctor plutonium if it is a mixed eside fuell at including opproumately 9300 MTHM of and genereled up to that time.
the time the fuelis placed in the ructor for ttradisuon.)
defense high level waste. With the The basis for this second part of Considenna the exper6ence from the likehhood that thwe will be teactor Finding 2 has two componente:(1) A leu and 1985 campaigne to return opent lifetime extensions and renewels, techmcal or hardware component: and fuel from the defunct Woot Valley how ever, the no new. orders case (2) an institutional component. The reprocessing facility to the teactors of
3syes redesel i'.og6eter / Vol. 54. No.137 / Thursday. September 24. 1989 / Proposed Rules ongm. 70 mitne tone cf BWR spent fusl sesinfumoren Dipeet. NUREG-1350.
require any ineseures, such as removoi can easily be shipped within four years.
Yo!.1. p. 33.I ne eveilobility of the hrst of the opent fuel remaining in storspe*
ne hrst campaitm, involving truck repository by 3028. and of e second pools to poserve dry storese casks. that shipments of 30 metne tone from West repository within one or two decades might become necessary until the time Valley, NY to Dresden 1 in Moms. lL thereafter, would provide adequate that DOE eneumes hele to the opent fuel took eleven months. The second, disposal cepecity for timely removal of undet contreets purssent to the NWPA.
involving truck shipments of 43 tons the opent fuel peaereted at these it should eleo be bome in mmd that from West Yelley to the Oyster Creek
. reactors.
Humboldt Boy and 14 crosse are both reactor in Toms River. NI. took six nere er, several licensees, however, small early reactors, and their combmed months. (See Cose Nisiones of West whose authonty to operate their spent fuel inventory totals 67 metne tons t'olley Spent fuelShipments. Tinsi commercial reactore has already been of inittel heavy metal. (See Spent fuel Report. NUREGICp.4447 WPR-termmated.nese are Indien Point 1.
Storope /leemrements (DOE /RL 86-341 8a(6811)-1, p. 3-2.1 This estimate Dresden 1. Humboldt Bay, and Leerosse. October tees.leble A.sb pp. A.tb-asoumes. moreover, that no new They are eleo the onlylicensed power A.17.)If for any reasse not now transportat6on cooks, des 6sned to ship reactors that are retired with opent fuel foreseen, this opent fuel een no longer larpt quantit6es of older, cooler spent being stored onsite. Assuming be managed by the owners of these fuel, for enemple, would be eveilable by conservatively that a repository does reactors.and DOE must sessee 2025.
not become operetional until 3026. It resPonsibuity for its management earlier ne institutLusJ part of the question appears likely that opent fuelwill then currently pleased, this cpaentity of concemme the eveilobility of sufhcient remem et these sites for more then 30 spent fuel is well withle the espebility repository espw.ity required the years beyond the time their reactors of DOE to menese onsite or offsite with Commineion to make a fmding as to were indefinitely shut down, et which avallable technology (manced by the whether spent fuelin el reactor storage point their operating licenses could be utility either direcdy or through the would be esfely maintained eher the considered to have effectively empired.
Nuclear Weste Fund.
expiration of the facility OL This although they will continue to hold a Nor does the Commission see a question related to the financial and possession heense for the storage of the significant eefety or envuonmental manage;iel r.epobility for contmued safe spent fuel.
problem with premature retirements of storop and moniterms of spent fuel.
In considenne the means and additional reactors. In the Commission's rather then to the capability of the motivation of the ownet of en original Weste Conhdence Dectston. It hardware involved.The Commission indefinitely retired reactor to provide found reasonable assurance that spent determmed,in Finding 3 of its 1984 sefe long term storage, the Commission fuel would have to spend no more then Decision, that spent fuel will be believes it is useful to distinguish 30 years in post operstmaet storage managed in a safe menner until between the owner with only one pending the availability of a repository, sumcient repoottery especity is reactor, and the owner of a reactor et a For a repository conservatively assumed aveilable to eseure este disposal, which multi unit site or en owner with to be ovellable in 3D35. this supected 30 was expected under Finding 2 to be operating reactors et other sites, year maximum storege duret6on remems abo 9t 30 years eher the expiration of la the case of a retired reactor et a valid for most reactors. and would be any reactor OL(See discussion of multi unit site, the owner would have a true for all mectors that were Findmg 3 below for additional clear need to maimein the safety of prematurely retired eher 1995. Besed on discuselon of the institutional aspects of storege et the retired reestor enmelently the past history of prometute spent fuel storage pendmg the to permit continued generation et the shutdowns the Commission has reason ovellability of sufficient disposal site,if the owner of the twtired mactor to believe that their likely incidence cepecity.)
also owned other reactors et other sites, during the next six years will be small
'the evellability of a repository wnhin the spent fuel et the retired reactor could as a proportion of totaireactor years of the first quarter of the twenty first be transferred,if nenessary, to the operation.
century holds no significant adverse storage feallities of other units still under Historically.14 of the las power impliestions for the Cour. mission's active management. Of the four reactors reactors that have operated in the U.S.
lastitutional concern that there be en lust cited. Indian point 1 and Dresden 1 over the post 30 years have been retired orgentention with adequete will and fit this desenption, and the sibling before the expiration of their operstmg wherewithat to provide continued long.
reactore et their sites are operating under licenses.These early retiresnents term stores, after roector operation, licenses that do not expire until well included many low power 4
'this could be e concern if a sismficant beyond the year 300D-4 hat is, well developmental reactors, which may i
==h=of reecesre with significant within the post Ol. period during which make the ratio of to to tal l
geanttues af spas feeleasne were to the Commission has found that opent disproportionately 'tish as e basis for discoutinue operations indefinitely fuel could be esfely stored pending the projecting future premature shutdowns.
between now and 1995, and the utility-evellability of a repository. -
The Commissionis aware of currently owners of these reactors did not appear For the Lacrosse and Humboldt Bay operating resetors that may be rettrcJ to have the resources to manage them reactors, the Commission is confident before the expiration of their OLs.
safely for up to 30 years pending the that, even if a repository is not aveilable including: the recently licensed i
assumed availability of a repository in within 30 years following their Shoreham mector, which has generated 2025.
retirement, the overall safety and very little spent fuel: the Fort St. Vrain No such development is likely. No environmental acceptability of extended high temperature gas cooled reactor, licenses for currently opereting spent fuel storese will also be which its owner plans to decommission:
commercialnuclear reactors are maintained for these exceptional cases, and the Rancho Seco reactor, which has scheduled 13 expire until the year 2000.
Because them willstill be en NRC operated for the past12 years and may and most such licenses will expire possession ik.ense for the opent fuel et of may not be retired. Assuming that all during the first two decades efter 2006.
these facilities, the Commisaloc will these and perhaps a few more resciors (See NuclearRegulatory Commission retain emple regulatory authority to do retire in the next several years, their 9
__-_____2
Federal Resister / Vcl. $4. No.187 / Thursday, Sept:mber Oa.1980 / Proposed Rules 3e787 tot:1 spent fuel storage requirements second repository, or additional The Commuasion has not identthod a would not impone an unaceptable capacity at the Lrst, would be neaded date by which a repository must be Seferv or entironmental problem, esen only to accommodate the addstional available for haalth and safety reasons.
J m the uma ely estot that all these quanuty of sN'nt fuel generated dursag Taking into account inst:tutional j
re:ctors' owners were tendered the la6er years of these reactors' requirements for spent fuel storaps, the fmancially or otherwise unable to operating hvoa. The esailability of a Commisaron found, undee finding 3 in provide adequate care. and DOC were second repository would pernut spent the 1984 Wasta Conhdence Decision, required to muume custody earber than fuel to be stupped offsite well within 30 that spent fuel would be safely manaped curready ennssoned under the NWPA.. ) ears after expirauon of these reactors' unut sufficient repository capacity is Licensed non power researth reactors OLs. The same would be true of the available. We Commission also found, provide an even more neanascable c.ase.
spent fuel discharged from any new however. that in effect. under the second D01; owns the fuel for almost all of generauon of reactor designs, part of Findmg 3. ufe management i
thsse teactors, many of which have in sum, although some uncertainty to would not need to contmue for more besn oesigned with hfeume cores that total spent fuel protections does ante than 30 years beyond expiration of any do not require penodac 'efuehng. For from such developments na unbues' reactor's OL because sufficient thtse reactors that do discharge spent plannme renewal of OLa for an repository capacity was expected to fuel. DOE accepts it for storage or addiuonal 30 to 30 years, the become ovatleble within those 30 years.
reprocessma. and not more than an Commission beheves that thts Weste Considering that opent fuel would not estimated 50 kilog ams of such spent Confidenes avview naad not at thna tama have to be stored more than 30 years fuel are penerated annually.
consider the institutional uncertainties after any reactor's 4& year OL Uus. given these worst case arisms from hovmp to restart a second proiections, which are not espectations expiration. and taking into account the repository proFram. Even if work on the Cemissin technical requirements for such storo e f"n'd ".a t y n rc 'o second repository program na not begun the Cotnmission went 6n to determme '
o unul as culmp ated under cumnt law, there is sufficient assurbice that a under Finding 4 that, in affect. spent fuel 8vallabilitY 10 :0:5 wil not uit in significant safety or environmentat second repository will be available in a
- uld b' "felY " "'d f" "I I'"'
impsets oce to extended post, timefreme that would not constram the years after discharge from a reactor, operational spent fuel storase. To put it removal of spent fuel from any reactor Thus, the Commission s 1984 Decision another wsy, the Commission is confident that. even if a trpository wer' within 30 years of its licensed life for did not estabhsb a ume when sufficient optrou p' repository capacity would be required. it not available withm 30 years after the
, D.3. Are early slippeges in the DOE established a mirumum penod dunns eflective expsracon of the OLs for both which storage would contmue to be safe cumnuy retired reactors and potential
'[,P','$0% I[,Q* *h",h"ty and environroentally acceptable pandmg n,
future reactor rettrements through 1995.
i the overall safety and environmental Commission's confidence that a se eitpected availabihty of sufficient impacts of extended spent fuel storeFe resitory will be av6W when repository capacity, needed for health and safety reasons?
Bearing in sund that reactor facilities
$'t gh i s clear that the+e The 200*-2009 timeframe imposed on were ongmally desianed and Olan tesued is nw. urmir to protecttees of total the Cemtrussie by 6e my 23. m fu a hmM W im opmun of 40 c
future spent fuel disenaves. it is not remand by the Court of Appeels was years, the Comminsmn is crocostne clest tnat the institutional uncertamties based on the scheduled expiration of the elsewhere m this Federal Register notice ansme frtnn heving to restart a second OLs for the Vermont Yankee and Prairie a clarifying revision of Finding 4 to say
(
repository program should be Island nuclear reactors.ne specific that spent fuel can be safely stored at a considered in detallin the current issues remanded to the Commission
,teactor for at lesst 30 yeets aftar the Waste Confidence Decision review.
were: It) Whether there is reasonable licensed life for operation" of that License renewals would have the assurance that an offsite storage reactor. !mplicitly the proposed use of efrect of increasing requirements for solution will be available by the years the phrase " licensed life for operation" spent fuel storspe.The Commission 2007-2009 (the expiration of the plants
- clarifles that the Commission found in understands that some utilities are operatmg licensesl: and. If not. (2) 1964 that NRC licensing requirements currently plannmg to seek renewals for whether there is reasonable assurance for reactor facility design, construction.
30 years. Assuming for the sake of that the fuel can be stored safely at the and operation provide reasonable I
catablishing a conserveuve upper bound sites beyond those dates, assurance that spent fuel can be stored that the Compuasion does grant 30 year There was no finding by the Court safely and withcut significant license renewals, the total operating life that public health and safety required environmental lmpacts for at least the of szme reactors would be 70 years. so offsite storage or disposal by 2007-2000.
first 40 years of the reactor's life. The that the spent fuel initially genersled in In directmg the Commission to addresa Commission's proposed finding also them would have to be stored for about the safety of at-reactor storage beyond implies that, barring any significant and 100 vears if a repository were not 2007-2000, the Court recogruzed the pertment unexpected deseloprnents.
I sv:dable until 30 years after the possibihty that an offsite storage or neither techrucal nor institutional expiracon of their last OLa.
disposal facility might not be available constremts would adversely affect thle Even under the conservative boundmg by then. In any case, the years 2007-assurance for at least another 30 years assurrption of 30-yearlicense renewals 2009 no longer have the same meaning after that first 40 years. Another for all reactors, however,if a repository for this proceeding as they had in 19%
implicatron of this revised fmdmg is w ere available within the first quarter of the Ola for Prairie Island and Vermont that, where a utility is able to meet NRC the twenty.first century, the oldest spent Yankee have been or will soon be requirements to extend thes reactor's fust could be shipped off the sites of all extended to :012-2014. on the basis of operstmg lifettme by license renewal.
currently operating reactors well before NRC's past willingness to approve a 40 spent fuel storage for at least 30 years the spent fuelinitially generated in them year operating lifetime from the date of beyond the end of the pened of re.eched the age of 100 years. Thus, e issuance of the OL.
extended life will also be safe and
39780 Federal Regist:r / Vol. 54. Nr.187 / Thursday. September 28, 1989 / Proposed Rules 1
without signihcini environmental the draft PDS. the three year statutory be rehable durma the period (f * *.
impsets.
schedule for the NRC licensms perf;rm:nce confirmati:n. lt will alsg In essessine the effect of early proceedme on the application for increase public confidence that the shppages in DOE repository program construction authontation is optimistic, program is bems carned out in a mdestones, therefore, the most he Commission has sought ways to thorough and technically sound manner, important consideration is not the improve the prospects for meetmg this earhest date that an operstme license schedule, for exemple by developmg the 2.C. Conclusien on finding 2 actually expired. but the earhest date LSS for expedited document discovery in teexamining the technicaland that an OL was tasued. The earliest OL
,#unns the hcensing proceedmg.
Institutional uncertainties surroundmg to be issued was for Dresden l in 1959, in the same correspondence on the the timely development of a geologic followed by a number of reactors PDS. NRC also stated that the adequacy repository since the 1964 Ws.ste hcensed for operation in 1962. The OLs of the three. year review penod depends Conhdence Decision, the Commission for all of the til power reactors now on DOE's submittel of a complete and has beenled to question the licensed to operate are cur ently high quehty application. A license conservatism of its expectation that a scheduled to exp;te sometime within the application supported by inadequate repositoiy would be available to 2007-hrst three decades of the twenty.hrst data may lead to findings dunne the 200g.
century, which is also the penod in licensing pa.eieodmg that the results of At the time of the 1964 Decision the which their currently licensed hfe for certein tesw cannot be admitted se part Commission said that timely attamment operation would end. (See.Wcke of the license applicouon. lfit is not of a repository did not requus DOE to Regulatory Commissian O esible to repeat the tests in question, adhere etnctly to the milestones set out Information Digest. TAW $-23%, vol.
C may have no alternative but to in the NWpA. and there would be
- 1. p. 331 Thus, coster 4dykly Macmmg deny the opplication-with a delays in some milestones,it did not here that there we he rahrtue conseec*t be of program momentum renewals. the earhost tirrx. frame when a and u, rem imancial cost, appear to the Commission at the time repository might be needed to dispose of NRC recogna.n tw ymphasis on a that delays of a year or so in meetma stei fvt4 from the malonty of reactors complete and high quanty heense any of the milestones would delay the is 2029-20$0, apphcation may cause some near. term date of repository availabihty by more As proposed in the first part of delays that could make it difficult to than a few years beyond the teos I'mding 2. the Commission has achieve the current schedule calhng for deadline specified in the act.
submittal' f the construchon Since then, however, several reasonable assurance that a repository o
will be available within the first quarter authontation opphcation in 1995.
deveiopments have made it apparent of the twenty first century. Even if a Notwithstandmg any such delays.the that delays of more than a few years are repository were not available unhl 2025.
Commission has rossonable assurance to be the norm rather than the exception this would be several years before the that if the Yucca Mountam site is not in the early years of this m.There beginning of the earliest timeframe found unsuitable, a repository at that has been a fimyw shp in Es within which, based on en assumed 30 site could be available by the 2012-2014 esuman o panon avadebihty from ficensed hie of reactor operation. aest storage after an assumed 40 year timeframe, consistent with the 1996 to 2003, and DOE has been unable rescheduled OL expiration dates for 2 meet such nm.wrm spoonon repository misht be needed for spent Prairie Island and Vermont Yankee.For program milestones as excavation of the ful disposal.nus, early shppages m reasons discussed previously, this exploratory shaft and the start of in situ DOE's program milestones do not affect timeframe now appears more relevant to testing. There remains the possibility the Commission's confidence that a the Weste Confidence proceeding than that potential repository evadabilit at reposittiry will be available within that the 2007-2000 timeframe.
the Yucca Mounuta sim wd be er timeframe.
In any case, the Commission remains delayed due to unforeseen problems 2.B.4. NRC has stated that the 3. to 4 convinced that the benefits to the during site characterisation. These year license application review schedule repository program of submitting a high, developments do not in themselves rule is optimistic, and that for NRC to meet quality license application would out the possibility that DOE will still be i
this schedule. DOE must submit a outweigh the cost of delay in preparing able to achieve repository operation by I
complete and high quality heense the application. NRC has always placed 2007-2000, but they do suggest that to apphcation. In the September 16.1968 great emphasis on early resolution of expect repository operation by then may 3
NRC comments to DOE on the Draf t potential licensing issues in the interest be optimistic.
1988 Mission Plan Amendment, the of expeditious review of the license in the Commission's view.3013-2014 Commission requested that DOE application and timely repository is now a more relevant timeframe than acknowledge its commitment to develop availability. It is in the same aprtit of 3007-2000.When the Court lassed its this complete and high. quality timely repository operation that the 1979 romand.2007-3000 wee when the application. "even if this wou'A result in Commission is urging greater attention Ola for Vermont Yankee and Prairier longer times to collect the necessary to quality than to meeting the schedule Island were scheduled to expire.The mformation and subsequent delays in for submittal of the license application.
operating licenses for the two Pretrie submittme the license application."
NRC beheves that a complete and high.
Island units have since been extended to Will NRC's emphasis on the quality license application offers the 2013 and 2014 and the operating license completeness and quality of the license best available assurance that timely for Vermont Yankee is eligible for i
apphcation have a significant effect on repository licensing and operation can extension to 201L These extensions the timing of the submittal of the license be schleved.
have been made available under the application and subsequent licensing
- In addition to expe<liting the review of Commisalon's policy that the allowable proceeding to grant construction the application, a high quality license operatinglife of a licensed reactor authorization in time for repository application and site characterization should not be foreshortened because of availability by 2007-20007 program should enhance overall construction delays.it therefore seems As the NRC indicated to DOE in confidence that any site granted a reasonable for NRC to make its finding NRC's October 25.1985 comments on construction authorization will prove to on the timing of repository evallebility n
l
Federal Resistee / Vcl. 54. No.187 / Thursday. September m.1980 / Proposed Rules 397s9 j by 2012-2014. rether than by ano7-ame, repository would be avetleble by the engineering structures for storeng st, can The Commission has a prester degree of year 2421 Tbia estimate 6e based on the conunue to meet NRC regewesents for assurance that af the Yucca Mountam DOE position that eine eeroemas for a an addmenal 30 years beyond the
]'
site is swtable, a repository would be second repository should begin 38 years penod the h-supported in r
avallable there by 3D13-a014.
before the start of waste esmoptanos.
1984.
I'or the aske of conservousm.
The considerenon of techn6 cal and For au the reasses mied in the however, the suitabilsty of Yucca inoututionalissues presented bore has discussion of findmg 4. the Commiesson Mountam abound not be assumed. Yyoca found none that would preclude the beloves there is empie tooleucal besie Mountam is now the only candidate site availability of a repository within thas for confidence that opent fuel can be
{
available; the NWPAA seguired that timeframe.
stored safely and without significant i
DOE terminate site cherectansation For the eroond part of its 1984 andas environmental impact at these reaciors activities at all sites other than the on repository avallabihty, the for et least 300 years,if a popository Yucca Mountain site. In effect. the 2007-Commission found reasonable were available within the Aset quartet of 09 schedule for repository availabibly assurance that suffic6ent repository the twenty-Aret costory, the eldest spent could be snet only if Yvoon Mountain capecity will be avuulable within 30 fuel could be nh6pped off the sites 6f all survived the repository developreent years beood emperouse of any reactor currendy opereues reesters well before 1
process as e hoessed site,if this eine OL to dispose of esisting eseusenmal the spect fuel iniually genereted in theoi were found to be entiaans sable or high level waste and spent fuel reached the age of 300 yease.
l otherwise imenitable, ehe eetensanon ongmating to that reactor and genereted The need to seasider the institutional 1
would have to t. sin et anoiber site or up to that ume. The Comuniasion espects of storepe beyond 30 years efter 4
suite of sites, with consecrent further believes that this Imdmg should also be OL capiretion was not in evidence in delay m repository availability. The modified m bght of cevelopments since 19M boceuse the Comunassion was f
fmal decision on the swtability of the 19M.
confident that at least one repsestory site to proceed to licensing and When the Comasuosion made this would be avadable by soGP-aose. On i
repoestory development will rest with findmg. It took into consideretion both that achedule, waste ooseptamos of DOE but the position of the NRC staff techmcal and institutional concems. The spent fuel lrom the istet pesclor whose will fiFure in that decision. The staff will techrucal concern centered on the ability operating license had expired (Indian not be able to make a recommendauon of the spent fuel and the engineered at.
Point 1 termmated in 1800l could have to a licensir.g board to authonse reactor storspe faciliues to meet the begun within 30 years of empiration of repository construcuon at Yucca reqmrements for extended post.
that license. If a repository does not hlountam until all site charactensauun operational storene before shipment for prove to be available matil angs, ectivities have been completed. DOE disposal.The insututional quesuon however. it would not be avaalable might thus be able for several more concerned whether the utility currently within 30 years of the tame that 014 years to determine whether there willin responsible for p. oat operational at.
could be considered elleselvely to have fact have to be a delay to find and reactor storage, or some emboutete expired for indaaa Po6st I and the three 4
characterize another site.
orgerusation. would be able to assure other plants with spent fuel enette thal Another reason the Commission is the conunued safety of this storage, were retired before the end of their unwilling to esaume the smisbihiy of The prmespal new developments smee leensed life for reactor operation. The i
Yucca klountam to t:wn NRC must be 19M that bear on these quesuons are:(1) same would be true of any addstional l
mmdful of preserving all its regulatory That dry spent fuel storage technologies reactors prematurely retired between opuons-includmg a recommendauon of have become operational on a now and 1995, when the as year clock license appbcetion denial-to assure commercial scale: and (2) that several starts for the availability of a repository adequate protection of public health and utilities are proceedmg with plans to by 2025. Premature shutdowns safety from radiological risk. In our seek renewals of their 014, with notwithstandmg the Commission has view, it is essendal to dispel the notion appropriate plant upgrading. for an reasons to be assumd that the spent fuel that for schedular reasons there is no additional period up to 30 years beyond at allof these reactors wiu be stored attemative to the currently preferred the 40 year term of their current safely and without eigasficant site.This view is consistent with past licenses. The accumulation of operating envirorunental impact usul aufficient Commission statements that the quality experience with dry. cask storege, a repository capacity becomes available, of DOE's preparations for a license technology requiring little active long.
Considering first the technical reasons application should take precedence over term mamtenance, provides additional for this assurance, it is important to timeliness where ll a two conflict. it is assurance that both the technical and recognise that each of these reactors also consistent with the view that institutional requirements for extended and its spent fuel storese installation because we are making predictions post. operational spent fuel storage will were originally licensed in part on the about completion dates for a unique and be met. l.icense renewals, however, strength of the applicent's showmg that l
complex enterprise at least some 20 would have the effect olincreasing the systems and components of concern years hence, it is enore reasonabla to requirements for both the quanuty and were designed and built to assure safe express the timescale for completion in possibly the duretion of storage. !! the operation for 40 years under expected decades rather than years.
commission were to grant 30 year normal and transient severe condiuoos.
In order to obtain a conservative license renewals, the total opereting life All of the currently retired reactore have upper bound for the timing of repository of some reactore could be 70 years, so a significant portion of that 40 year i
e vallability, the Commission has made that the spent fuel initially generated in expected life remainias, and all have the assumpuon that the Yucca Mountain such reactors would have to be stored only small quantitles of spent fuel onsite i
site will be found to be unsuitable,if for about 100 years, if a respository were in storage installations that were DOE were authorised to initiate site not available until 30 years after the licensed to withstand considerably screening for a repository at a different expirauota of their last OI.a. This raises larger thermal and radia tion loadings site in the year 2000, the Commission the question as to whether that spent from much greater quanuties of spent believes 6t is reasonable to expect that a fuel, and the hardware and civil
, fuel. Of the four reactors currently i
I
39790 Federal Regist2r / Vol. 54. No.187 / Thursf av. September 28. i989 / Isooned Rules reted with spent fuel onsite the two renewals cf reactor licenses n:r a deley longer be practicable, and the with far the lonpest terms of operation.
In repository availablility to 2025 will commitment of wastes to that site will.'
Lacrosse and Dresden, were operated result in significant safety or by design, be irreversible. In DOE's for 19 and 16 years, respectively.
environmental impacts from extended testing, both in the laboratory and at the For the continued safe management of post operauonal spent hel storage, candidate repository site. in its the spent fuel and storage installations The Commission finds ample grounds development of facihty and weste.
at any existmp or potential prematurely for its proposed revised findmps on the package de6igns, and in all other work retired plaot. the Commission beheves it - espected availabihty of a repository, to demonstrate that NRC requirements i
can reasonably rely on the contmued The institutional support for the will be met for a repository at Yucca structural and functionalintegnty of the repository program is well. established, hiountain, the Commission believes that plant's engmeered storage installations A mechanism for fundmg repository the confidence of both NRC and the for at least the balance of its onginally program activities is in place, and there public depends less on meeting the beensed life as if the OL were stillin is a provision in the NWPA for schedule for repository operemon than effect.This is to say that for the adjustmg. il necessary, the fee paid by on meetmg safety requuoments and purposes of Fmdma 1. no foreseeable utilities mio this fund. Congivaa has doing the >b nght the fnrot alme. Dua, technical constraints have arisen to contmuod to provide support for the given the (%==m's assereses that disturb the Commiselon's assurance that repository program in settmg milestones, spent fueleaa safely be stesed fee at spent fuel storage at any reactor will delineating responsibilities, estabhshing least 100 yeare if neonaeary. it appears remem safe and environmentally advisory bodies, and providing a prudent fee all eeneessed to psepare for acepetable for at least 30 years after its mechanism for dealing with the the better understood and more heensed life for operation. regardless of conesrns of States and affected Indian manageable problems of storage for a whether its OL has been termmated at
- tnbes, few more years in order to provide en earlier data.
Technical support for extended spent additional uma to assure the success of
'ne Commission also sees no fuel storage has improved since 1964, permanent geologic disposal.
insurmountable institutional obstacles Considenng the growmg availabihty.
This le not to say that the Commission to the continued safe management of reasonable cost. and accurculated is unsympathetic to the need for timely spent fuel dunns the remainder of any operstmg expenence with new dry cask progrees toward an operauonal shutdown reactor's initially licensed hfe spent fuel storage technology emce then, repository. It is precisely because NRC for operation, or for at least 30 years the Commission now has even greater is so conndent of the national thereaf ter. Because there will still be an assurance that spent fuel can be stored commitment to achieve early repository NRC possession heense for the spent safely and without significant operation that the Commission believes fuel at any reactor that has indefinitely environmentalimpact for at least 30 it nolonger need add its weight to the suspended operations, the Commission years after the expected expiration of considerable pressures already beenne will retain ample regulatory authority to any reactor's 01. Where a reactor's OL on the DOE program.There le ample require any measures. such as removal has been terminated before the expected irstitutionalimpetus on the part of of the spent fuel remaining in storage expiration date, the Commission has an others, including Congress, the nuclear pools to passive dry storspe casks. that adequate bests to reaffirm what was power industry. State utility rate mapht appear necessary after en OL imphcit in its initial concept. namely:
regulatory bodies,and consumers of expires. Fven if a heensed utility were to that regardless of the actual date when nucisar generated power. toward DOE become insolvent, and responsibility for the reactor's operauna authonty achievement of scheduled program spent fuel management were transferred effecnvely ended, spent fuel can be milestones. With continuing confidence to DOE earlier than is currently planned, stored safely and without significant in the technical feasibility of geologic the Commission has no reason to environmental impacts for at least 30 disposal, the Commission has no reason believe that DOE would have years beyond that reactor's licensed life to doubt the institutional commitment to insufficient Nuclear Weste Fund for operation.
achieve it in a umeframe well before it resources or otherwise be unable to There is thus no foreseeable health might become necessary for safety or carry out any safety related measures and safety or environmental environmental reasons. indood, the NRC considers necessary.Thus,in the requirement that a repository be made Commission believes it advlasble not to case of a premature reactor retirement, available within the 2007-2000 attemptin this review a more precise the Commission has an adequate basis, timeframe at issue in the Commission's NRC estimate of the point at which a on both technicaland institutional original proceedmg. Nor does the repository willbe needed for grounds, for reasonable assurance that Commission see a radiological safety or radiological safety or environmental spent fuel can be stored safely and snvironmentalrequirement for reasons. leet this estimate steelf without significant environe) ental repository availability at the end of the undermine the commitment to earlier impacts for at least 30 years beyond not expected revised timeframe of 2012-2014 achievement of repository operations.
only the actual end of that reactor's 01.,
for the expiration of the Prairielsland The Comminsion continues to hope that but the end ofits onginally licensed hie and Vermont Yankee OLa.
a repository willin fact be available by i
for operation.
Indeed. the Commission sees 2n07-2000, and has found nothing to in sum, considering developments important NRC mission related grounds date that would conclusively prevent since 1964 in the repository development for avoiding any statement that this achievement, program in the operating performance repository operation by 2007-2000 is To find reasonable assurance that a of U.S. power reactors, and in spent fuel required. Geologic disposal of high-level repository will be available by 2007-storage technology, the Commission radioactive wastes is an unprecedented 2000, however. is a different and more imds that:(1) The overall public health, endeavor, it requires reliable projections consequential proposition in the context safety, and environmentalimpacts of of the waste isolation performance of of this review.inlight of the delaya the the possible unavailability of a natural and engmeered barners over program has encountered since its repository by 2007-2000 would be millennia. After the repoeltory is sealed. inception, and the regulatory need to insignificant: and (2) neither 30 year retneval of the emplaced wastes will no avoid a premature commitment to the
_o
Federal R: grist:r / Vol. M. No.187 / Thursday. September 28, 1989 / Pr: posed Rules 39791
]
1 Yucca Mountam site. the Commission reeutetione and any specific heense high. level waste if en MRS facihty is 1
cannot prudently desc.r be a basis for conditions that may be imposed on the constructed. licensed, and operated.
srsurance that the current DOE beenwee will usure adequate protection of This would ensure that spent fuel and schedule for repository opmtion m 2003 fn',Pln3$'[d sohdified high. level weste,if any were D
- d yR ions will not shp anothet four to six years w
under any reasonably foreseesble include 10 Cf1t port 30 for storose et the to be dehvered to an MRS faciht.
,,ector facahty and 10 CFR pen r2 for storege would remem in safe storage un er NRC l
circumstances. The Commission could m mdepenoent soent fuel storese regulation throughout its storage. The l
more easily substantiate a imding that a meististions (Isrsis). Safety and Commission has also published for repository will be available withm the
- environmentaliseuw involvmg such storage public comment a proposed amendment revised 2012-2014 timeframe that would are eddressed m heenema reviews under to part 72, to issue a generallicense to i
be created by extendmg the OLs of the both peris so and 72, and conunued storere reactor opentma licenme to use
.Q"(,',"j,*[[*$",',,P'j'M approved spent fuelstorage casks at j
reactors m question when the Weste Conhdence proceedme began. Even this revised estimate. however, could too individual evoluotions of the oefety of opent reactor sites.lf this proposed fuel storese shows that eienefiennt reloceu of amendmentis prom sted, no specific easily be misinterpreted as an NRC redioactivity from opent fuel under 16esseed part 72 license would required.
i estimate of the time et which contmued simse conditions are enwomwiy remote.
Opereting license bolders would register spent fuel etorage at these sites would Some nuaiser power plant operstma wtth NRC to use oppeeved casks on be unsafe or envtronmentally beenees empire before the years acor-es. For their sites.
sigmficant.The Comnussion's enhanced technical, economus or other reasons, ethof confidencein the safety of extended plante may chom. ar be fonied to tennmate Spent fuelmay continue to be stored spent fuel storage provides adequate
,'y'y,(",,,,,Q~8'jp$dFp,*8h their in the re.. actor spent fuel pool under a ggp g. y,,,,g stounds ior the view that NRC need not at this time define more precisely the eumple, the existence of a safety problem the reactor has ceased operstmg. in for a perucular plant could prevent further addition. DOE's policy of dispoems of pened when, for reasons related to operetion of the plant or could require plant the oldest fuel first. as set forth in its NRC's mission, a permanent attemative modifications that make connamed plant Armuel Capacity Report makes it to post. operational spent fuel storages operation uneconomic. The hoensee. upon unhkely that any significant fraction of will be needed. The Commission upiration or termmauon of its hamnee, may total spent fuel generated will be stored therefore proposes the followmg be atented tunder to CFR part so or part r:) a for longer than the 30 years beyond the hc'"yc' jedp nt f$$t e* P' " I' expitsuon of any operstmg reactor revision of its ongmal Findmg on when 8
*m custody of the spent fuel for sufficient repository capacity will be es license. This expectation, estabbshed in
,,e d h available, treneferred to DOE under sec.123 of the the Commission's original proceedm.
The Commission finde reasonable Nuclear Weste Policy Act of testi subloct to contmuss to be reasonable, even in t e eesurance that et least one mmed peonosic NRC reeulatione and license condittone event that a repository is not available repository will be eve 61eble withm the first needed to assure adequate protest 6en of the
' until some time during the first quarter quarter of the twenty thst con
,and pubhc. Ahemauvely, uw owner of the opent of the twenty first century. Even in the sufficient repository capacity wt be fuel, as a last resort may apply for en intenm case of remature shutdowns, where noilable withm 30 years beyond the beensed hfe lot opershon of ery reactr)r to dispose of storate contract with DOE. under sec.135(b) spent i elis most likely to remain at a of the Act. until not later then 3 ears eIler a the co nerercial high. level redioactive wesie repository or monitoreo retnew te storage site for 30 years o* lonscr beyond OL and spent fuel ongmatme m such reactor and facthty is eveilable for spent fuel. For the expiration (see Findmg 2. previously genereled up to that time, reasons discussed above. the Comsuasion le discussed), the Commission has ON*I FindiaI 3 confident that in every case the spent fuel confidence that spent fuel will be safely genereted by those plants will be managed managed until safe disposal is available.
The Commission finds reasonable oefely during the penod between heense Until the reactor site has been fully assurance that high level radioactsve expiretion or termmetton and the evellability decommissioned, and spent fuel has waste and spent fuel will be managed, of a mmed weste repository for diepoeal.
been transferred from the utility to DOE in a sele manner unut sufficient Evenif a repository does not bet:ome as required by NRC regulations, the repository capacity is available to evallable until 2028. nothing has licensee remains responsible to NRC.
assure the safe disposal of all high. level occurred durms the five years since its Furthermore, under to CFR 60.54bb.
waste and spent fuel.
onginal Decision to stiminiah the originally issued in final form by the Proposed Finding 3 Commission's confidence that high level Commission with itar1934 Weste Same as above, weste and spent fuel will be managed in Confidence Decision. a reactor licensee a safe manner until a repository is must provide to NRC, five years before 3.A. Issues Consideredin Commission's available. The same logic just stated expiration of an OI. notice of plans for 1984 Decision on finding 3 continues to apply through the first spent fuel disposition. Accordingly, the in the Commission's discussion of quarter of the twenty first century. NRC Commission concludes that nothing has Findmst 3 in its %.aste Confidence regulations remain adequate to assure changed since the enactment of the Decision (49 FR 34658. August 31,1984).
safe storage of spent fueland Nuclear Weste Puncy Act of 1982 imd in section 2.3 Third Commission radioactive high level waste at reactors, the Waste Confidence Decision in rinding, the Commission stated.
at independent spent fuel storage August 1984 to diminish the Installations (ISFSis), and in an MRS Commission's "' *
- reasonable Nuclear power plants whose operatin8 hcensee expire after the years 2007-09 will be until sufficient repository capacity is assurance that hl h level radioactive available.
waste and spent I willbe managed in pe oIbet to CFR 72.42(a) provides for renewal a safe manner until su evellability of a weste re story. The oflicensed storage at ISFS!s for capacity is available,ffiel,en,t repositor en the i e opers on a d the Commission hee reasono le assurance that additional 20-year periods for interim Pursuant to the NWPA the the opent fuel senersted by these licensed storage, or for additional 40-year periods Commission issued in final form 10 CFR plenis will be mensped by the hcensees in a for monitored retrievable storage of part $3. " Criteria and Procedures for sale menner Compuence with the NRC spent fuel and solidified radioactive Determining Adequacy of Avaihsble
39'792 rederal Register / Yol. 54. No.187 / Thursday. Septemb:r 28, 1989 / Prop: sed Rules i
Spent Nuclear Fuel St:r:pe Capacity."
The Conuniplin's confidence ebrut Althoush the Commise6en ha mesonabli andretsine the deternunation of need. if the avadability of repository capacity le suurence that et leesi one nuned soo6oris any, for DOE intenm storage. No not affected by the possibility that some repository will be mineble by the yem 3Wre to Comeuwien aim minan met for applications were received by the lune es,isting reactor licenses might be una masons, anmudme assuincaent 30.1909 NWPA desdline incorporated renewed to peruut continued generetion U
into the Commission's rule, and it seems of spent fuel at these sites. Because only
- [,* 88 'F,
Q$
sed pm unhkely that any applications will be two reactor licenses are scheduled to in exioung or new storop factbum for some made to NRC for intento storaye by expire before 2003. the impact of license i,* node beyond soot-as. no Coeusission DOE Even if NRC wm to make an renewsle (a matter not considered in the kms that thse utended Morey will not excepuon for a late application, a Commission's 1984 Dectolon) wul have be noemery for any pened lonpr then 30 1
determmation must be made before no significant effect within the first years bovend the Wem of en opmting January 1.19so to comply with the quarter of the twenty first century on licenu. For this moon. the Commismon hoe 1
NWPA.
scheduhng requusments for a second addressed en a penanc home la tie escaion i
th and semamensaiimpoets of repository. Renewals may slightly wQuopeatimiemme at mener opnt l
3B Relemat Januee That Have Nisen
,1),yses, g6, a,og gar a,,,,ag in ne short term, boosum fuel besme er at either ensite er esente spent Smos she Comansaion's Oragmo/
repositoTotwage cepacity will be fwl owcase nasmusuone,m Commimma Decision on Andmg J ePent fue Ande that opent fuel eaa be stored safely and Although a DOE facility wdlnot be expanded for extended storage et these wnbem merunant savutaneami impuu for avalleble to enable the Department to reactor sites. Over the longer terni.
W leem ao pare bened te nytronen of l
begm accepting spent fuelin 1996, as renewals mightincrease spent fuel reactor operenne beeness.To ensure that provided in the contracts under the generation wellinto the latter half of the opent fwl which meetne la merop will be NWPA. the Commission's confkdence in twenty.first century. Nonetheless.
moneped peeperly until treneferred to DOE safe storep is unaffected by any nothing in this situationaminiana th&
for disposal then==- to presoems en Commission's assurance that safe emendment w au mguistions 110 CFR part potential contractual dispute between DOE and spent fuel 8enerators and.
storap wdl be made available as tol.no amendment will mouwe the hennew needed to nouly he h====
aa five years pnot to n
e n
1y date a be e ch ng the i Fin i
g its Weste Confidence Decision.The m commieeion's findms is bened on the licensee under either 10 CFR part 50 or Commission continues to find ' '
- record of thle proceeding which mdicates that part 72 cannot abandon opent fuel in its reasonable assurance that high level sisruficant relum of redioactivity from' possession.Further the Commission radioactive waste and spent ruel will be opent fuel under heensed sierage senditione notes that only two reactors are managed in a safe manner untu are highly unkkely. It is also suppened by the currently scheduled for shutdown before 2003. DOro anticipated repository sufficient repository capacity is Commission's esponence m senducuas more available to assure the safe disposal of than so indw6 dual safety evalmauene of startup dete. (See Nuclear Actulatory Commission Jaspinfortnotion Digest, all high level weste and opent fuel.a etwey ct NUREG-13SCL \\ ol.1. p.331. To resolve OriginalFinding 4 can be seasidered a wrme el four maior any contmaing uncertamties however,it The Commission Ands reasonable inuesdalh luse mwenty of opent fuel under water pool esorese sendiuona, ibl would be helpfulif DOE and utilities apurance eat.HaecenamiPd A.d structve sad componeet safety for extended and other spent fuelgenerators and owners could reach an early and generated in any reactor cuip Ot. red facihty operation. ici the selety of dry safely and without significab storsp. and idl peentist rieks of accidents amicable resolution to the question of pronment41 Impacts for atleest 30 and acts of ubotage at spent fwlstorep how and when DOE will accept years beyond the expiration of that facihties.
responsibility for spent fuel.This would
$', tor.s operaung hoenu at eat
CIO' For reasons discussed above the facihtete cooperative action to provide ee at fu 1 e o asin. t at huk arnwd H a providond for a smoothly operating system for the figm of to yeam or more for storese ultimate disposition of spent fuel.
spent fuel storage installations, (i.e a 40 year toector OL span, plus 30 ne Commission recognisse that the NWPA limitation of 70.000 NTHM for Propeeed Finding 4 years or more).'
the first repository will not provide he Connaission finds reasonable he 70. year.plus estimatds supported adequate capacity for the total amount assurance that. if necessary. spent fuel by oraltestimony from the nuclear of spent fuel projected to be generated generated in any reactor can be stored industry to the Commisalonin the by all currently agieruslast heensed safely and without significant Weste Confidence proceeding.(See reactors. The NWPAA ellectively places environmentalimpact for atlost 30 Transcript of r%=='a='aa Meeting. "In a tsaretertum.en a second reposttery years beyond the licensedlite for the Matter of:Meeung onWaste pro;nm urtf t :xKr?-2010. Elther the first operation (which may includerthe term Confidence proceeding." January it.
repository must be authorized and able of a revised license) of that reactor at its 1982. Washington, DC. pp.144-leo). This to provide expanded capacity sufficient spent fuel storage basin, or at either testimony specifically addressed safety to accommodate the spent fuel onsite or offsite independent spent fuel issues related to water pool storage of generated, or there must be more than storage installations.
spent fuel and supported the position I
one repository. Since Congrees that spent fuelcould be stored for an 4A. lssues Considered /n Commiss/on's specifically provided in the NWpAA for indefinite period, citing the industry's a first repository and required DOE to 198d Decision on findutt(
written submittal to the Commission in retum for legislative authorization for a In the Commission's discussion of the proceeding. (See The Capability for second repository. the Commission Finding 4 inits Weste Confidence the Safe Intena Storage of Spent Fuel" believes that Congress will contirtue to Decision (49 FR 34658. August 31.1964)
(Document 4 of 4). Utility Neelear Weste provide institutional support for section s.4 " Fourth Commission Management Group and Sdison Electric adequate repository capacity.
Finding." the Commission said that:
Institute. july 1900).Some of this e
t n
Federal Resist:r / Vcl. 54. No.187 / Thursday. September 28. 1980 / Proposed Rules 39793 !
I metenal alluded to in the oral testimony Under NWPA section Ste(s). DOE has on de potenual envueemental eenwounces was subsequently referenced by the camed out spent fuel storege research for a lone. tern steroge pened, e poned for Commission in tte discussion of weier and development as well as "hlth th' Co**'"** ***d8
- 8"'" 8ll I
'I ** " """d **I*8 pool storspe issues and its Fourth demonstration of dry cask storage et its
%h[,"$'j*,,d,'",,',", g' 'I 'P'"'
1 Finding of reasonable assurance that Idaho National Engineenas Laboratory.
[
spent fuel and high level weate Demonstration has been carried out for
" ' ' ' will be managed in a safe metal casks under review or previously This means the rehability of eyesome nmportant to selety needs to be estabhehed in manner."(See 49 TR 346738 ai pp.
reviewed by NRC staff. DOE has also ensure neilone.wrm enray W opent ipl 34681-2. August 31.1964).
i provided support to utilities la dry and HLW does not adversely isnpect the if a reactor with a op. year initial storage licensing accons (see environment.
hevnse were to heve that license Godlewski, N.Z " Spent Fuel Storspe-For nample, the eieflasede to esieblish renewed for another 30 years, the An Update." Nuclear News, Vol. 30. No, that eyetems such as eeneste shieldms.
Commission bebeves that the spent fuel
- 3. March 1937, pp. 47-42).
how twee mimeted to deserame how their generated at that reactor can be safely Dry storese of spent fuelhas become Phr*'o*1 'opense withetend the P
stored for et least several decades past an evallable opuen for utilities, with st.
about a m"*yne pened.no Commuoion 88""##
'II'menues and hut fin fu the end of the yo year operating penod, reactor dry storageliconeed and g",f","',,",$ E *'"*d """ *"d ")
Adding to these 70 years the expected underway at two sites: no H.B.
30 yesr pos10L penod dunns which the Robinson Steam Electric Plant. Unit 2. In Commission believes, udner Finding 2.
South Carolina, and the Surry Nuclear www conndense ndemaines preadins. no that sufficient repository capacity will Station in Virginia. NRC bas received an ts.a-e pmheeneryeenehmien h that 4
be made available for any reactor's application for dry storage at Duke exponenes with opent fuel eter g. provides y
4 spent fuel, the total storage time would Power Company's Oconee Power en adequaie bus for eenfidense in the be about 100 years.
Station site as well. Die application is contmnd safe storese of opent fuel for et in meking the on'pinal Fourth Finding, sull under teview. be the environmental lent so yeare after espostion of a plant e the Commission did not determme that review is completed and an licones. Tim 'h=- is thomim for technical or regulatory reasons.
environmental assessment and finding conndet d de saintense of opent fwl Tw
~
storspe would beve to be limited to 70 of no sigmficant impact have been et least to years in weise peone et facihties years. nis is apparent from the issued (see 83 FR 44133. Novetaber 1.
d*
S'd *"[
Co e
Commission's use of the words 1988). Based on utility statements of bty a 1
" ' '
- for of /eost 30 years beyond the intent, and projections of need for
$"s'ne g'
I n d p n expiration of that reactor's operstmg additional storage capacity at reactor pubhc and assures them the noks remem license * ' '[ emphasis addedl."
sites, the NRC staff expects numerous acceptable. in consideration of the selety of Similarly, in seing the words "at least" applications from utilities over the next dry storep of opent fuel, the Commise4on's in its proposed revised Finding Four, the decade (see " Final Version Day Cask pmhainery eenehmens mese that litel Commission is not suggesting 30 years Storage Study." DOE /RW 4220.
confidense in the entended dry eternes of beyond the licensed life for operadon February 1989).
spent fwlle bued en a mesonable (which may include the term of a Since the original Weste Confidence understanding of the maternal depedetion revised license) represents any technical findmg. the Commission has reexamined PC*" '*Pth" wuh tim moesnuson that hmetation for safe and environmentally long terte spent fuel storage in istumg on storege s> stems are simpler and tr. ore i
benign storage. Degradation rates of an amendment to10 Cm part 72 to readily memtemed. In roepense to Nuclear spent fuel in storege, for example, are address the storage of opent fuel and h*
[ I,
.."*8."h slow enoush that it is hard to distinguish high level radioactive waste in an MRS.
j by degradation alone between spent fuel se envisioned by Congress in section 141 believes the informat6se abem lon dry opent fut stmp remrch and demonstrationHe in storspe forless than a decade and of the NWPA. Under the rule, storage in sufficient to reach a conclusion on the safety spent fuel stored for several decades.
an MRS is to be licensed for a period of and environmental effects of entended dry The Commission's proposed revised 40 years, with the possibility for
- storage. All mu of eefety and Findmg here is meant to apply both to renewal.no Commission determined env ronmental concern its maintenance of I
wet storage in reactorpools and dry not to propere en environmentalimpact systems and components. prevention of storage in engineered facilities outside stetement for the proposed amendmente metenal degradetion. protection against l
the reeetor containment building. Both 1o 10 CFR part 72. however. (See 53 m accidmu ud esbotasel ben bwe dry and wet storage will be discussed in 31651 p.31657. August 19.1988.) An p,
r d me di detail next.
environmental assessment and finding environmental and the public health and i
Since the original Waste Confidence of no significantimpact wereissued sefety then storess of spent fuelin weter Decision, which lound that material because the Commission found that the poole.' At this time, the Gemeussion is degradation processee in dry storage consequences oflong term storage are confident it een evaluate the lens. term were well-understood, and that dry
- not significant.De environmental inteenty of motertal for constructing en storsee systems were simple, passive.
assessment for 10 CFR part 72, instelleuos and provide the needed and eastly mamtamed. NRC and ISFSI
" Licensing Requirements for the mmm fw ufe stase of sput fuel ed operators have gained experience with Ind ndent Storage of S nt Fuel and HLW to estabhsh the licensibihty of au hlRS dry storage which confirms the HigNLevelRadioactive Neste"
- "'"d'd"*d'd"'"" D' #8I*I Commission's 1964 conclusions.NRC NUREG-1092, assessed dry sto'rege of
[f7CFR pe ni drys $o$e staff safety reviews of topical reports on spent fuel for a period of 70 years afler concepts. (References emitted) 2e I
storage system designs, the licensing receipt of spent fuel from a reactor:
and inspretion of storage at two reactor
'!he Commission believe that its 1964 sites, and NRCpromulgation of the part
,,$'3 h',"he
[
Fourth Finding should be changed to v
l 72 amendment for MRS. have spent nuclear ful and hfgh level redmeetive reflect the environmental assessment in l
,significandy incmased the agency's weste in en MR5 le en installation havina a
. the 10 CFR part 72 MRS rulemaking and understanding of the confidence in dry 7tkyear design lifetime and a 70.000 Mnf other evidence that spent fuel can las i
- storage, storage capability. Die seseeement focuses stored, safely and without significant I
i l
39794 Federal Retrister / Vol. 54. No.187 / Thuredsv. September 23. 1989 / Proposed Rules environmental linpact. far ertended Ble I:st conclusion has been regentene eierese of eeent eueleet Iwl.'ne -
penods. Alth ugh the C:mmission does reaffirmed by the some auth re, wh3 etenement indusus met sonnnued wit not beleive storage in excess of a recently wrote:"l'here continues to be storspe of opent fuel at nucleat power plan,t century to be hkely, with or without an no evidence that LWR spent fuel with sites until the federal govemment accepts si MRS there u the potenual for storage of Zimoloy or etainless steel cladding
$d ag*
spent fuel for times longer than 30 yeare degrados sienifloently dunng wet macaln e uly beyond the expiration of an initial, storage (E39tl1988: Intemationgl Atomic acceptable.15w Gutert, F R Bailey. W.I.
extended. or renewed resctor 01. if a F.nergy Apeney (IAEAl tst2)."(See and lohnston. A.R.*Results of Studies on the Behavior of Spent Fuelin Storope " Joumet of reactor operstme under such a license
- 'Results of Studies on the Behmer of the institute of Nuclear Meterials were premstutely shut down. The Spent Fuelin Storage."loumal of the Menesemnt. Vol XVL No. a. April tees. p.
Commission dote not, however. see any ineutute of Nuclear Matenale UIV A))
significant safety or environmental Management." Vol. XVI. No. 3. Apnl problems associated with storage for at 1908, p. 27.IV Al.
nus, supported by the consistency of least 30 years after the hcensed life for in addition to the confidence that the NRC expenance with that of others, the operation of anyreactor,evenif this spent fuel assemblies themselves wt!!
Commisalon has concluded that spent effecuvely means storage for at least 100 not degrade significantly in wet storest.
fuel can be stored safely and without years, to the case of a reactor with a 70 there is conndence that the water pools eignificant environmental impact. In year licensed hfe for operation.
in which the assemblies are stored will either wet storage orin wet storage followed by dry storage. for at least 100 Under the environmental assessment remam safe for extended penods:
years.De Comnussion considers it for the MRS rule the Commiulon has As noted in the recent 1AEA world survey, unlikely, however, that any fuel will found confidence in the safety and the to ynte of posiuse exponence with wet actually remain in wet storage for 100 environmentalinsignificance of dry.
storase illustrates that it is a fully. developed years or even for 70 years. We.
storage of opent fuel for 70 yeare technology wnh no associated asfor anucipate that, conustent with the following a g"Chhol'Incal problems, spent fuel storspe',g,agieg,..g,, ;;"a m in speni eueTorege pooi.. nus, thi.od of 70 years of storage' ir currently developmg trend. utihties will envtronmental suesoment supports the proposition thet opent fuel mey be substantial techmeel beve for allewma spent and into dry storage to make room in stored safely and without significant fuel to remain tn wet etwese ice nevwei Pools for freshly dascharged spent fuel, decades. Minor, but repairable. probleme Although the Commission has environmentalimpact for a penod of up have occured with opent fuel eterese pool concluded that reactor spent Ml pools to 140 yeers if storage in spent fuel pools components such as a nere. racks. and piptng.
can safely be used to store spent fuel for occurs first and the penod of dry atotage IS" Bailey. W l and lohnston. lt A.B., et does not exceed 70 years.
oh " Surveillance of LWR Spent Fuelin Wet 100 years, there is no technically compouing reason to use them that long.
$,','[,f,$,Pgn,*,',(Igy,'p$ If reactor hoenese am renewed for as The Comnussion has also found that P
experience with water pool storage of spent fuel connnues to confirm that pool October lese, p. 61.)
long as M yeare. making a totalob years of opereuen. it wdl be noosesary storage is a benign environment for he studies just cited support the to store the spent fuel di6 charged at the spent fuel that does not lesd to y ow that rates of umform corrosion of end of the reactor's opereuen in a spent sigmficant degradation of spent fuel spent fuel cladding in storage pools are integnty. Since 19M. utilities have low o,or time. Locahmed corrosion on fuel pool for several years to allow for continued to provide safe additional cladding surfaces has also been padual radioacuve decay and thermalocchng reactor pool storage capacity through and can be expected to remain so, After this pened,the fuelcould be reracking, with over 110 such actions Cladding that has undergone damage pleosdin dry storage and the spent bl now completed.The safety of storage in while in the reactor core has not pool decomuniestoned.Doa. fot most pools is widely recognized among resultedin significant releases of reactore, the most likely maximum period of storage wdl be wou within the cognizant professionsle. Specifically, the radioactivity when stored in pools, extended 30 year post. operational Commission notes one expert's view Furthennore, the operational exponence penod under the Conunnes6on's that:
accumulated since the 1964 Weste Dunne the last 40 years there het bun Confidence Decision and NRC proposed revision to Finding 4.
Moreover.
~ that under experience in licensing and inspection reinforce the conclusions m that certain conditione spent fuel can be-en a on ofirre ted fue
- stor, a
wet storese te now ooneidered a proved Decision that wet storage involves a stored safely and without s6gnificant techr. ology. There le a substantial technical relatively benign environment.There are environmentalimpacts for up to140 boss for alleanne opent fuel to remain in wet nodrivingmechanisms suchas years the Commission behoves there is emple beele for con 6denes la storage for storspe for several decades. For the poet two temperature and pressure, to deyade et least 100 years.
decades treadiated Eltcaloy.oled fuel hee storage structures or components or the laits1994 Weste Conndence been handled and stored in weter.There fuel itself, or to spread contandnation.
Decision, the Comuniasion eleo contmues to be no evidence that Zirtsloy.
Degradation mechanisms ans gradual concluded that "there are no significant clad fuel degrades significantly during wet and well understood: they allow ample additional non.rediological impacts storspe--thisincludes fuelwith bumups as time for remedialaction includmg which could adversely effect the high as 41.000 mwd /MTU: continuous repair or replacement of any fathng storere of low burnup fuel for as long as 25 systema.This extensive experience environmentif spent fuelle stored
')p cs]ve adequately supports predictions of long-beyond the expiretion of opereting had little impact dunna wet storage, even if tennintegrity of storage basina.
licenses for reactore"(see 49 FR 34666 at n
s.
s is the fuelis unconned. (References omitted.)
The Commission also notes the p.34688. August 31.1994).De Commieston did not find anything to (See Bailey. W.I. and Johnston. Ir. A.B.. et of.,
endorsement of this basic confidence bY contradict this conclusion in its 1988
" Surveillance of LWR Spent Fuelin Wet cognizant pmfepional orgartisations-rulemaking amending 10 CFR oart 72 for Storage." Np-37ss. Electnc Power Research The Amencen Nuclear Society leeued a long-term spent fuel and high. level lastitute (EPR!). October 1964. pp. 2-10.)
pohey statement lANS lees)in 190s weste storage et an MRS:
Fedesel Resister / Vol. 54. Nc.187 / Thursday. September as.1980 / Proposed Rules 39795
- le Auguei tees. the hAC publish.d an However NItC etoff had previously exemple by initiating a screey for a e Jvaremmental aseseement for trus proposed considered tomado mtsede impacts in second repoeltary sue by the year 2000, renaton of pen 12 NUM.G-10%.
safety reviews of destyn topical reports DOE might be able to redom the innrunswatal Anemment for to Cm prt and m licensing reviews under 10 CFR potential requirement for extended fn pYn ieroMk n vel and H!sh. pan F2, spent fut storspein es twny hM tswel Red oecem www/ NURI G-t092 4.8. Relevent /seues That Hove Arisen century, ne Coaumae6en does not.
Since the Commission's Ontinal however, find such sonen necessary to dioausses the mo6er leseos of the rule end the potential caseet en the envvenment. The 80"' "d'
'I ' F "'
imdmee of the sovironroemel seenement are DecJsion on T/ndtag d safely and without significant
'111 past esponsoce with water pool storage in its onsinal Finding 4. the environmentalimpact for extended of opent fuel assebhabes the sec.hnology for Commission found reasonable periods.
long term storspe of opent luel without assurance of sale storege without The potential for peeretion end offsettne the health and eefety of the public, significent environmemellmpacts for et spnt fuel es a r[ter amount of onsite storage of a (2) the proposed rulemekmg to include the least 30 years beyond reactor OL ee renewal of does e.t e l"J'o'i,Z"J 'e"w"'otera",', OeT.T,', anos", me er,v.,oomeni.
a *ir a = o eia n. = d = = n a *
- ta exi.ung Ou does nm. sea ee
- =hd* l-r a-r m aabmv Commi ion e Anan.s n n*cn.neni.i (3) oohd luonaseel wasu is camperable to since the test Decision have coevinced impacts. in Find 6ng 4.the Comminion spent inel a no heet pensrenon and in its the Comeuselon to allow sesne marsta did not base its detenntnetton on a radiascave metanol contaal on a per meinc beyond the scheduled date for specine number of reesters and amount ton bu6e. and 141 knowledee of meienal repository opentes currently cited by t
degradetion sneebentems under dry storate DOE. As noted in Finding 3. the of opent fuel generated.Rather, the condiuono end the ability to insutute repetts Commission has reasonable assurance Commission took note of the safety of the healtb land asfetyl of the public shows that at least one repository wdl be 5 Pent fuel storeSe andlack of in e reseenable menner wuhout endentenne dry etwege - a.--a ey epoone do not avadable within the nrst 4uarter of the that individual actions involvm'g such a
signatisandy impset she envuommenc'The twenty.hrst century. For all eurtently usemmest -a-t a inac amons other opereting reactors, this would still be storage would be renewed. in the event thmee there see es significan environmental within the pened of 30 yease from there were applicauens for renewal of impacis a e ruuliof promulsetion of these expiration of their OLa which the existing reactor OLs.each of these revnions of to Cf1t pari f Commission prewoosi found to be the actions would be sublect to safety and
""""*"'8I """'
th sub"'9""'
Bened on the above essessment. the minimum pened for w leh spent fuel Commmmon concludes that the tulemeUng storage could be considered safe and launce of an enWonmutal action wiU est have a significant incremental environmentalimpoos as the quality of the without significant environmental aneumnt M numamentaHmpad g"
g, statement, which wondd sever storage of human envvenment. l&3 FR 31651 at pp.
31667-3teess August 19.1ses l Under the NWPA as amended.DOEis opent fuel at each reacter alte during the aubnsd to dispose of up 2 7020 pened of the renewed license.
Dus the 19s8 amendments to to CFR MTHMis the Aret repository beises De Commission elseestos that the part 72 provide the basis for the greatmg a construction authortsetion for amount of spent fueloupseted to be Commission to conclude that the a second. Under existing licenses, discharged by reactore has conimued to ennronmental consequences of long' projected spent fuel generation could dochne significanJy. a trend already term spent fuel storage including non-exceed 70.000 MTtfM as early es the noted in the Commission's discussion of radiological hopects, are not significant.
year 2010. Possible extensionJ or its Finding 5 (49 FR 34488 at p. 34487 Finauy.no considerations have arisen renewals of OLa also need to be August 31.1984). At the time of the to affect the Commission's confidence considered in sesessing the need for and Commission's decision."* *
- the i
since 1984 that the possibility of a major scheduling the second repository. It now cumulative amount of spent fuel to be accident or sabotage with offsite appears that unlese Congress lifts the disposed ofin the year 3000lwasl 1
rediolotocolimpacts at a spent. fuel capacity limit on the first repository-expected to be 54.000 anstric tons of storage facility is extremely remote.
and unless this repository has the uranium"(see " Spent Feel Storage NRC has recently reexamined reactor physical ospeoity to dispose of all spent Requirements"(Update of DOEIRL pool storese oefety in two studies.
fuel generated under both the original
- 17) DOE /Rlres-L January.1983).
" Seismic Failure and Cask Drop and extended or renewed licensee-it Today. that figure has destined to 40.384 Analyses of the Spent Fuel Pools at Two will be necessary to have atleast one metric tons (see " Spent Fuel Storage Representattve Nuclear Power Plants" additional repository /Aseaning hem Requirements"(DOE /RL et ae).
l (NUREC/CR-4179) and "Beyond Design that the first repository is aveilable by October 1988, p. A.1TI.Das, the Basis Accidents in Spent Fuel Pools" 2025 and has a capacity on the order of amount of opent fuel eensidered likely to 2
l (NUREG-1353).Dese studies reaffirmed 70.000 MnfM. edditional disposal be discharged by the year 3000in the that there are no safety considerations capacity would probably not be needed Commiselon's 1984 dealslon will not be that justify changes in regulatory before about the year 2040 to avoid attained unt11 wellinto the second requirements for pool storage. Both wet-storing spent fuel at a reactor for more decade of the twenty-Gast century. if j
and dry storage activities have than 30 years after expiration of reactor
- then, contineed to be licensed by the OLs.
De Commission believes that its 1964 Commiselon. In its recent rulemaking Although action on a neond Finding 4 should be retteed to amending 10 CFR part 72 to establish repository before the year 2007 would acknowledge the possibGity and assess licensing requirements for en MRS. the require Congressional approval, the the safety and environmentalimpacts of Commission did choose to eliminate en Commission believes that Congress will extended storage for perioda longer than exemption regarding tornado missile take the necessary action if it becomes 70 years.The principal reasons for this impact "* *
- to sesure designe clear that the first repoeltory site will proposed revision are abet:(1) The long.
continue to address maintaining not have the copecity likely to be term material and eyesamt degradation confinement of particulate meterial."(53 needed. lf DOE were able to address the effects are well understood and known l
FR 31851, p. 31655. August 19.1988).
need for a second repository earlier. for to be minon (2) the ability to maintain l
j l
i 1
_._.____,_-_.._...,.,_.__,____.J.
I 39796 FedersiRstrist$r / Vol. 54. No.187 / Thursday. Septerr.ber 28[ UNI / Prophaed Rhles-l the syst;m is assured: ant)(3) the sp:nt fuel in ne:u el that which could be operati;nal and planned spent fubl pool Commission mamtams reeulatory stored ai rnet:r sun. Thys. it is n:t expaneiIns and dry storage mvestments' authonty over any spent fuel storage surpnsms that the re:ord of this proceedinf by utilities themeelves-.develooments installation.
I'nw to me DOE pokey ther.te did not that had not been made operational at On the bssis of expenence with wet M*,'[,*,"p,,$.','d Nr[
n b'each v.the time of the enginal Weste F
and dry spent fuel storage and related test. DOE placed in the record a leiter to the Confidence Decision. Consequently, the rulemakmg and licensmg actions, the Commission statmg its decision 'to statutory restnctions that may make an Commission concludes that spent fuel d:scontinue its efforts to provide Federal MRS ineffective for timely storare can be safely stored without significant
- sovemment. owned or controlled away from-capacity relief are of no consequence for environmental impact for at least 100 reactor storese fecihten.' The pnmery the Commission's findmg of confidence years.If necessary.Therefore the tresons for the change an pokey were cited as that adequale Storage capacity will be Cornmission proposes to revise its n'* end lower Ptolections of storspe made available if needed.
' fg',",j,*uy E ginal Although the NWPAA limits the
[
onginal Fourth Fmdmg thus:"The -
y pm Commission finds reasonable assurance pohey.
usefulness of an MRS bylinkingits i
that, if necessary, spent fuel perierated m,, cord of this proceedme indicates e availability to repository development.
l In any reactor can be stored safely and genomi commitment on the part of industry to the Act does provide authonestion for without significont environmental do whatever is necepery to avoid shuttme an MRS facility.The Commission has l
Impacts for at least 30 years beyond the down evectom or deretme them becoues of remained neutral since its test Weste licensed life for operauon (which may idled spent fuel storate pools. While Confidence Decisien with toapect to the include the term of a revised license) of
, "gl$",
pg,jl,,8y*ll$
ind need for authonastion of an MRS that reactor s t its spent fuel storage of its operstma hcense. uhhtm ponessirts facilitv. The Commission does not basin. or at eher onsite or offsite spent fuel are moutred to be heer. sed and to consider the MRS essential to protect independent spent fuel storage mamtam the fuelin safe storen until public health and safety. lf any offsite installations."
removed from the site. tndustry's response to storage capacity is mquired. utilities me thenee m Na policy on fedemilF*
may make application foe a license to OriginalMeding 3 sporaored away.from reactor (Af1tlstorege store spent fuel at a new site.
The Comminion finds reasonable m as besically a commitment to do what is Consequently, while the NWPAA assurance that safe independent onsite recuired of it. with a pies for,a,ci, ear provision does effect MRS development a eder cy spent fuel storage or offstte s ent fuel
{nguiv
. po A, oflett has now and therefore can be said to be li'.nitmg.
storage willbe made availab e if such provided that pohey, the Commission believes this should not storage capacity is needed.
The Nuclear Weste Pohey Act defines affect its confidence in the availability Proposed nading 3 pubhc and pnvete responsibilities for opent of safe storage capacity, fuel storege and provides for a hmited Same as above.
amount of federellv supportedintenm 8.8. fleletront lassee That # eye Arisen SA. Issues Conside.redin Commission's
- 'orege espaeny.m Act enn meludn Since the Commission's Original Decision on finding #
erovisions for monitored retneve,ble storspeg,,,gm,,,, g q,,,
,,,,,,,s g,,,,,,,,,,,g 19N Decision on finding 3 in its discussion of Finding 5 of its demonstration prostem for dry eiorese.The DOE willriot be able to begin Waste Confidence Decision (49 FR.N Commission beheves that these provisions operation of a repository before 2003 34658. August 31.1984), the Commission provide added assurance that ufe under current piens, and operation said that.
independent onsite or offette spent fuel might begin somewhat later.Given storspe will be avallable if ne ded.
progress to date on an MRS. the link The technoloey for independent spent fuel (References omittedj between MRS facility construction and n as on and ng isYv able an The policy set forth in the NWPA repository construction authorization ur h Co demonstrated.The segulations and hcensing regarding interim storage remains in established by the NWPAA.and the procedures are in place. Such installations place. Therefore, the Commission's absence of other concrete DOE plans to can be constructed and beensed within a cor.fidence remams unchanged.The store the spent fuel. it seems unlikely l
five year time interval.Before passage of the only policy change affecting storage that DOE will meet the 1993 deadline for Nuclear Waste Pohey Act of1962 the involves long term storage in an MRS.
taking title to spent fuel (Under section l
fnyEe" o"ulItak one b ty f$r,d
' ho The NWPAA sets schedule restrictions 302(a)(8)(B of the NWPA.** *
- the l
providing such installations on a timely basis. on an MRS by trying it to the tspository Secretary, eginning not later than While the industry was hopmg for a siting and licensing schedule. These January 31.1998, will dispose of the government commt4 ment,the Admmistration restnctions effectively delay high level radioactive weste or spent had discontinued efforts to provide those implementation of an MRS.
nuclear fuelleubject so disposal storage facilities. ' ' ' The Nuclear Weste Consequently,its usefulness in contracts).") This potential problem Policy Act of1ss2 estabhshes a national providing str rege capacity relief to does not, however, affect the polic for providing storspe facilities and utilities is likely to be lost.
Commission's confidence that storage sto se pa i1 avs lable." '
Although the Commission's capacity will be made available as Pnot to March 19s1, the DOE was pursuing confidence in its 1984 Decision did not needed.
a program to provide temporary storage in depend on the availability of an MRS The possibility of a dispute between oil site, or away from reactor ( ATRI. storage facility, the possibility of such a facility.
DOE and utilities over the responsibility metallations.The intent of the program was as provided for in the NWPA. was one for providing spent fuel storage will not to provide flexibility in the nauonal weste way in which needed storsee could be affect the public health and safety or the disposal program and en attemative for those made available.The NWPAA makes an environment. Uncertainty as to utilities unable to expand their own storage h1RS facilityJess likely by linking it to contractual responsibilities raises No ently, the participants in this repository development. The potential questions concerning:(1) Who will be proceeding assumed that, pnot to the impact of the decreasedlikehhood of an responsible: (2) at what point in time availability of a eepository, the Federal MRS on the Commission's confidence is, responsibility for the spent fuel will be Fovernment would provide for storage of however, more than compensated for by transferred:(3) how the fuelwillbe i
n
s Federal Resister / Yol. 54. No.187 / nursday. September 24,1949 / Proposed Rules 397s7 mansped. (4) how the transfer of Nuclear News. Vol. 30. No. 3 March spent fuel storage or o8alte spent Ival menspement responsibility from the 1967. pp. 474. at p. 47.) Dry storspe ha s storage wdlbe made avallable if such utihties to DOE will take piece; and l5) been bcensed at two reactor altas. acd a storage is needed."
how the cost of DOE storage nusht third applicauon is under revnew. dry Dowd at medmlie. Marytees dus 2stti der di!!er,if et all, from utility storage, cask storage is licensed at Virginia of 6eptemtier.m Utilities posseastna opent fuelin storage Electnc Power Company's Surry Power under NRClicenses cannot abrogate Stauon site (see License.SNM 2501 For wear Aspeiewry coimansom their safety responsibilities, hewever..
under Dockat No.12-2). and dry.
John C* Hoyle
- Until DOE can safely accept spent fuel, concrete module and stainless steel Assssionsme@ commae utthties or some other licensed entity canister storage as bcanned at Carohna Int Doc es-taert Filed Mr.# 8 45 emi will remain responsible for it !! DOE Pow er and Llaht Company's (CPalls)lt see mes nome and the utilities osa amlosbly resolve B. Robinson. Unit 2. site (see License their respectsve responsibilitlea for spent SNM 2502. under Docket No. 72-31. An I
fuel storage in the interest of ef!irient appbcauas is under review for a sunilar DEPARTME9ff 0F THE T5ilEASURY and effective adminn trothon of the modular system at Duke Power e
overall waste management system.
Company's Oconee Nuclear Station site int e el h s e M ee includica the Nuclear Waste Fund. NRC (See Letter to Director. Diviolon of Fuel 36 CFR Part 1 would gain added confidence in the Cycle and Material Safety. NRC. frors institutional arrangemente for spent fuel Hal B. Tucker. Duke Power Company.
(gg.taMel mansgement (see also Finding 3 on th dated March 31.1988, under Docket No, assue).
72-4). A new apphcation has been Definitions of "t#gNy Compensated Esumates of the amount of spent fuel received in 1999 for CP&t/s Brunswick Employee" and "Compensat60n" penersted have conusued to decima. At site, and another to expected in sett for We time of the Comaussion's Decision, the Baltimore Gas and Electne Aossa Intemal Rmnue Sw. ee.
the Commission cited in Findma 5 the Company's Calvert Chffs site.
Trmury.
cumulative figure of 88.000 metnc tone Applicetions are also aspected for ACTeost Notice of public hoanns on uranium of opent fuel generated in the CP&L's Robmson 2 site (et another proposed regulations.
year 2000 lSee 49 FR 34664 p. 34697 onsite tocation to allow for greater AuFust 31.1984 l More recently. DOE storage capacity). Wisconsin Electric SusessafrYt his document provides estimated 40.364 metne tons (See " Spent Power Company's Point Beach site. and notice of a public heanns on propcsed Fuel Storage Requirements." DOE /RL-Consumer Power's Palisades site.De
"'"1*"*"g'$i*""' Yhth' P' '"d 86-M. October 1988 p. A.17). Although Tennessee Valley Authority has eM estimates may show an inanrese et indicated that it will apply for its setHon some date wellinto the twenty.first Sequoyah plant site, 414(q) and "compensa tion" in section century tf licenses of some reactore are Rt;s. the successful demonstration by 414(s) of the internal Revenue Code of renewed or extended. this possibility DOE of dry cask technology for vanous 1986 does not a!!ect the Comnussion's cask types at INEL utilities' actions to Daves:The public hearing will be held confioence in the availability of safe forestali spent fuel storage capsetty on Monday.11ecember 4.1989, beginmng storage capacity until a repository is shonfalls, and the continuing sufficiency at 12 a.m. Oudanes d oral comments operational.%e industry has made a of the licenoms record for the must be delivered by Monday, general commitment to provide storege Commission to authonse increases in et.
November 13,1389.
capacity, which could include away-reactor storage capacity all strengthen Aoonass:The public hearing willbe from-reactor I AFR) storege capacity. To the Commission's confidence in the held in the IRS Auditonum. Seventh date. however, utilities have sought to availability of safe and environmentally Floor 7400 Corndor. internal Revenue meet storage capacity needs at their sound spent fuel storege capacity.
Building.1111 Constituuon Avenue.
respecove reactor sites.%us. a new Renewal of resetor Ola willinvolve NW, Washington. DC.The requests to industry application for AFR storate consideration of how additional spent speak and outlines Woralcomments remains only a potential option, which fuel generated during the extended term should be submitted to the internal currently seetna unnecessary and of the license will be stored onsite or Revenue Service. P.O. Box 7004. Ben unlikely.
offsite. Dere will be sufficient time for Franklin Stotion. Attent6on:
Utilities have coottnued to add construction andlicensing of any CC: CORP.T:R (EE-13D-es). Room 4429, storsge capacity by rerecking spent fuel additional storage capacity needed.
Washington, DC 20D64.
pools, and NRC expects contmued in summary the Commission Ands no pen pusmannesponesAvtose cowfact:
rerecking where it is physically possible basis to di the Fifth Findinginits Bob Boyer, telephone (302) 8es-3935 (not and mpmeente the least costly Waste Conft Decision. Changes by a toll-fme number).
alternative. Advances in dry storope the NWpAA. which lessen the sus %sseawrAny esponesaview:The technologies and utility plans both have likelihood of an MRS facility, and the subject of the public hearing is proposed a positive effect on NRC's confidence.
potential for scoe slippage in repository regulations appearing in the Federal At the time the Commission reached its availability to the first luarter of the Register for Fnday. February 19.1988, original findings, dry storage of LWR twenty first century (see our discussion (53 FR 4989).
spent fuelwas as yet, unheensed under of Finding 2) are more than offset by the De rules ofI 801.totle)(3) of the 10 CFR Part y2, and DOE"s dry. storage continued success of utilitiesin
" Statement of Procedural Rules"(:6 demonstrations in support of dry.cssk providing safe et. reactor site storage CFR part tol) shall apply with respect to storage wem in progress at the Idaho capacityin reactor pools and their the public hearing. Persons who have Neuonal Engineerms Laboratory (INEL). progress in providing independent onsite submitted written comments within the Today. DOE's demonstration efforts storage.%erefore. the Commission time prescribed in the notice of l
have been successful (See Godlewski. N.
continues to find "* *
- tensonable proposed rulemaking and who also Z " Spent Fuel Storage-An Update."
assurance that safe independent onsite desire to present oral comments at the i
o