ML20046D318

For Comment Issue of Draft Reg Guide,Task DG-3009, Topical Guidelines for Licensing Support Sys

ML20046D318
Person / Time
Issue date:	07/31/1993
From:	NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:
References
TASK-*****, TASK-DG-3009, TASK-RE REGGD-03.069, REGGD-3.069, NUDOCS 9308170284
Download: ML20046D318 (10)

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/a U.S. NUCLEAR REGULATORY COMMISSION July 1993

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,c 0FFICE OF NUCLEAR REGULATORY RESEARCH Division 3 i

Task DG-3009

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DRAFT REGULATORY GUIDE t.~/

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Contact:

M. S. Delligatti (301) 504-2430 n

4 DRAFT REGULATORY GUIDE DG-3009 o

TOPICAL GUIDELINES FOR

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THE LICENSING SUPPORT SYSTEM A.

INTRODUCTION j

y Jx Eubpart J, " Procedures Applicable to Proceedings for the Issuhnce of 3_

v Licenses for the Receipt of High-Level Radioactive Waste at?a Geologic Reposito-

.mp ry" (10 CFR 2.1000 to 2.1027), of 10 CFR Part 2, " Rules /of ' Practice for Domestic LicensingProceedingsandIssuanceofOrders,"setsforth[aprocedures for an

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s adjudicatory proceeding on the application for a h csnse id receive and possess high-level nuclear waste at a geologic reposito&ukdbh10 CFR Part 60.

Pursuant mm, to these regulations, the Licensing SupportfSystem,(LSS), an electronic informa-se e

-tion management system, is being designed.and' implemented to provide for the e -

entry of and access to potentially relev' ant

• licensing information.

This regulatory guide defin5[bbsdope of documentary material that should u

-be included in the LSS.

Interi,m topi, cal guidelines, drafted by the High-Level y

n Waste. Licensing Support System Advisory Review Panel, were adopted by the U.S.

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Nuclear Regulatory Commissiorik(NRC) with the statement that the topical guide-lines would later be revised and set forth as a regulatory guide by NRC staff n

(see 54 FR 14925g dsted April 14,1989). The interim topical guidelines were w w partially modelediftenthe environmental assessments prepared in connection with pmx g the U.S. Department of Energy's (D0E's) site selection process.

Doc ^umNtJsYdefined in 10 CFR 2.1001 as "...any written, printed, recorded, gsq pw p

magnetieggraphic matter, or other documentary material, regardless of form or u

characteristic.."

In addition,10 CFR 2.1001 defines documentary material as This regulatory guide is being issued.in draft form to involve the public in the early stages of tt develop-ment of a regulv,ory position in this area. It has not received complete staff review and does not.apresent an official NkC staff position.

Public comments are being solicited on the draft guide (including any implementation schedule) and its associ-ated regulatory analysis or_ value/ impact statement. Comments should be accompanied by appropriate supporting da ta. Written commer'.1 may be submitted to the Regulatory Publications Branch, DFIPS, Office of Administra-

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tion, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Copies of comments received may be examined

.' m ; at the NRC Public Document Room, 2120 L Street NW., Washington DC. Comments will be most helpful.if received Y by October 29, 1993.

,/. Requests for single copies of draft guides (which may be reproduced) or for placement on an automatic distri.

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bution list for single copies of future draft guides in specific divisions should be made in writing to the v

U.$. Nuclear Regulary Connission, Washington, DC 20555. Attention: Office of Administration, Distribution g

end Mail Services Section.

l l-9308170284 930731 PDR REGGD XX,XXX R.

PDR Q ii h i. i i.:.s.n.

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...any material or other information that is relevant to, or likely to lead i:

to the discovery of information that is relevant to, the licensing of the

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likely candidate site for a geologic repository. The scope of documentary material shall be guided by the topical guidelines in the app.i;able NRC i

Regulatory Guide." The forms of these materials are listed in Appendix A, a nonexhaustive list of types of documents that may be included in the LSS.

The interim topical guidelines and Draft Regulatory Guide DG-3003,

" Format and Content of the License Application for the High-Level Waste Repository" (FCRG), were considered in the development of this draft regulato-ry guide.

DG-3003 is being developed to provide guidance on information that should be submitted in the license application.

Pursuant to Section ll4(f)(4) i of the Nuclear Waste Policy Act of 1982, as amended (42 U.S.C.10134(f)(4)),

the Commission is required, "to the extent practicable," to adopt the environ-mental impact statement (EIS) prepared by D0E. The Commission's regulations have been amended to be in accord with this statutory provision (see 10 CFR 51.26(c)). The environmental issues in the licensing proceeding will be limited to those needed to determine whether or to what extent it is practica-ble to adopt the EIS prepared by DOE, as established by regulation in 10 CFR 52.109.

However, in considering whether to adopt the EIS prepared by DOE, the Commission must consider whether "significant and substantial new information or new considerations render such environmental impact statement inadequate" (see 10 CFR 51.109(c)(2)). To determine whether any such information or consideration is "new," the environmental information and transportatic.r.

information considered by DOE in preparing its EIS may need to be examined.

Therefore, the topics of environmental information and transportation informa-tion have been included in the t,cical guidelines.

B.

DISCUSS 10F L

Pt pose of the Reaulatory Guide f

l The purpose of this regulatory guide is to pi vide a list of the topics for which LSS participants should submit documenta.y materials for entry into the LSS under 10 CFR 2.1003.

The topical guidelines are designed to be broad enough to encompass all potential licensing issues. This regulatory guide will also be used by the Pre-License Application Presiding Officer for i

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evaluating petitions for access to the LSS during the pre-license application

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period under 10 CFR 2.1008.

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This regulatory guide will not be used as the detailed topical index for i

documentary evidence contained in the LSS. tieither will it serve to determine the scope of contentions that may be offered in the application proceeding l

under 10 CFR 2.1014.

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Use of the Reaulatory Guide To the extent practicable, the regulatory guide format follows the repository systems and conforms to the approach taken in other generic 14RC licensing documents for the high-level waste repository program.

Because the topical guidelines have been kept broad and at a fairly high l

level of detail, the user should consider each topic to be inclusive rather than exclusive.

For instance, in 10 CFR Part 60, Subpart F requires a i

performance confirmation program for the various components of the repository system. However, performance conf trmation is not listed as a topic in this egulatory guide.

Rather, information pertinent to performance confirmation for any particular component of the repository system would be considered to fall under the topic. designating that particular system (performance confirma-tion relevant to geologic processes would be considered top. cal information under the appropriate heading for the "idatural System").

f The topical guidelines are presented at one to three levels of detail.

L Each guideline should be considered all-inclusive with regard to all documents germane to that topic for the site.

For example, much of the information that supports the licensing proceeding will be based on the use of methodologies, computer codes, and models.

It is appropriate for such information to be included in the LSS.

As stated above, DG-3003 is being developed to provide guidance on the information that should be submitted in the license applica-tion and on the types of information that could be included in the LSS.

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C.

TOPICAL GUIDELINES 1.

General Information 1.1 General Facility Description 1.2 Basis for Licensing Authority 1.3 Schedules Relevant to the NRC/DDE Repository Programs

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l.4 Any Publicly Available Information on Certification of Safeguards 1.5 Any Publicly Available Information on the Physical Security Plan 1.6 Site Characterization 1.7 License Specifications (those variables, conditions, or other items that DOE determines to be probable subjects of license specifications) j 1.8 Environmental Information l

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1.9 Transportation Information i

1.10 Information Relevant to NRC Findings Regarding Compliance with l

Statutes Other than: The Atomic Energy Act, as amended; the Energy Reorganization Act of 1974; and the Nuclear Waste Policy Act, as amended; of which Federal agencies must take cognizance in j

licensing actions, e.g., American Indian Religious Freedom Act, Endangered Species Act of 1973 i

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The Natural -Systems of the Geologic Setting Ij 3

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2.1.. I Regional Geology 2.1.2 Site Geology 2.1.3 Future Variations in Geologic Processes j

2.2 Hydrologic System 2.2.1 Surface Water Hydrology f

2.2.2 Regional Hydrogeology j

2.2.3 Site Hydrogeology

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2.3 Geochemical System 2.3.1 Regional Geochemistry i

2.3.2 Site Geochemistry 2.4 Climatological and Meteorological Systems l

2.4.1 Present Climate and Meteorology-

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2.4.2 'Paleoclimatology

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2.4.3 Future Climatic Variation I

-I 2.5 Integrated Natural S3 ; tem Response to the Maximum Design Thermal Loading 7

2.6 Processes and Events (anticipated and unanticipated, potentially j

disruptive)

I 2.7 Effectiveness of Natural Barriers Against the Release of Radioactive Material to the Environment-(Information relevant to

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the performance objt.ctives of 10 CFR 60.113) l t

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Geologic Repository Operations Area (GROA): Physical Facilities 3.1 Surface Facilities 3.1.1 Waste Handling System / Buildings / Equipment (Including Hot Cell) 5 l

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3.1.2 On-Site Radioactive Waste Management System 3.1.3 Fire and Explosion Protection Systems l

3.1.4 Emergency Systems 3.1.5 Communication Systems 3.1.6 Utility Systems

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3.1.7 Instrumentation and Control Systems 3.1.8 On-Site Transportation System 3.1.9 Ventilation Systems 3.1.10 Operations Support Systems 3.1.11 Plans for the Decommissioning System 3.1.12 Other Surface Systems 3.2 Shafts / Ramps 3.2.1 Waste Shaft / Ramp 3.2.2 Muck Shaft / Ramp 3.2.3 Ventilation Intake Shafts 3.2.4 Ventilation Exhaust Shafts 3.2.5 Personnel and Materials Shafts 3.2.6 Plans for the Decommissioning System 3.2.7 Other Shaft / Ramp Systems 3.3 Underground Facility 3.3.1 Excavation and Ground Support Systems 3.3.2 Muck Handling System 3.3.3 Ventilation System i

t 3.3.4 Waste Emplacement System i

3.3.5 Waste Retrieval System 3.3.6 Emergency Systems 3.3.7 Communication System 3.3.8 Operations Support System 3.3.9 Plans for the Decommissioning System 3.3.10 Other Underground Systems 3.4 Interface of Structures, Systems, and Components 3.5 Retrievability of Waste 6

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3.6 Effectiveness of the GRDA Against the Release of Radioactive-

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i performance objectives of 10 CFR 60.111) 1 4.

Engineered Barrier Systems l

4.1 Waste Package f

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4.3 Underground Facility i

i 4.4 Engineered Barrier System Waste Package Emplacement Environment j

l 4.5 Engineered Barrier System Alternate Design Features

-l 4.6 Effectiveness of Engineered Barriers Against the Release of j

Radioactive Material to the Environment (Information relevant to j

the performance objectives of 10 CFR 60.113) l 5.

Overall System Performance Assessment

l 5.1 Basic Approach l

5.2 System Description

l 5.2.1 Conceptual Models i

5.2.2 Processes and Events (Potentially Disruptive) j 5.2.3 Processes and Events (Undisturbed Performance) l U

5.3 Cumulative Release of Radioactive Materials 5.3.1 Screening of Processes and Events 5.3.2 Scenario Development and Screening l

5.3.3 Consequence Analyses: Estimates of Cumulative Releases 5.3.4 Probability Estimates 5.3.5 Model and Code Validation l

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i 5.4 Undisturbed Performance 5.4.1 Individual Protection Requirements l

5.4.2 Groundwater Protection Requirements 5.4.3 Model and Code Validation 6.

Conduct of Repository Operations

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6.1 Maintenance l

6.2 Organization 1

6.3 Personnel j

6.4 Records / Reports 6.5 Training Programs l

6.6 Schedules 1

J 6.7 Identification of Operating Controls and Limits l

1 6.8 Preservation of Records l

6.9 Site Markers l

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Land Ownership and Control i

i 7.1 Plans for Restricting Controlled Area Access 7.1.1 Identification of Controlled Area q

i 7.1.2 Identification of Existing Legal Interests I

7.1.3 Identification of Legal Interests To Be Obtained l

7.1.4 Water Rights l

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7.2 Plans for Regulating Land Use Outside the Controlled Area 7.2.1 Identification of Adjacent Areas of Concern O

7.2.2-Identification of Existing Legal Interests V

7.2.3 Identification of Legal Interests To Be Obtained 7.3 Plans for Regulating Land Use at the GROA 7.4 Other Types of Legal Interests 8.

Quality Assurance (QA) Records 8.1 QA Records for Site Characterization 8.2 QA Records for Design and Construction 8.3 QA Records Including Records Covering Operations, Permanent Closure, Decontamination and Decommissioning 8.4.

QA Records for All Relevant Research Activities 9.

Emergency Planning 10.

Radiation Protection 4

10.1 Ensuring that Radiation Exposures are As Low As Reasonably ~

Achievable (ALARA) b 10.2 Radiation Sources-10.3 Radiation Protection Design Features 10.4 Estimated Onsite Dose Assessment 4

10.5 Health Physics Program j

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10.6 Estimated Offsite Dose Assessment 11.

Any Alternatives Considered (e.g., design interpretations, models) 9

1 APPENDIX A CATEGORIES OF DOCUMENTS TO BE INCLUDED IN THE LICENSING SUPPORT SYSTEM This appendix contains a nonexhaustive list of the types of documents that may be included in the LSS.

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Technical reports and analyses by all participants (including those developed by contractors) 2.

Quality assurance records 3.

External correspondence

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Internal memoranda 5.

Meeting minutes / transcripts r

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Draft documents on which a nonconcurrence has been registered 7.

Congressional questions and answers (Qs and As) 8.

Other documents (for 8.1 through 8.9, include data bases and references) 8.1 Draft and final environmental assessment for the site characterized 8.2 Site characterization plan t

8.3 Site characterization study plans 8.4 Site characterization progress reports 8.5 Issue-resolution reports 8.6 License application 8.7 Topical reports, data, and data analyses 8.8 The Department of Energy (DOE) Environmental Impact Statement j

8.9 Recommendation report to the President of the United States (notice of disapproval, if submitted) 8.10 Any publicly available information on rulemakings 10 l

8.11 Public and agency comments on documents 8.12 Response to comments 8.13 NRC technical positions 8.14 NRC regulatory guides 8.15 The DOE project-decision schedules 8.16 DOE program-management documents c

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APPENDIX B EXCLUDED AND PRIVILEGED INFORMATION 10 CFR 2.1005, " Exclusions," lists types of information excluded from the Licensing Support System (LSS).

10 CFR 2.1006(a), (b), and (c) discuss discovery privileges.

These sections of the Code of Federal Regulations are printed below.

10 CFR 2.1005 Exclusions.

I The following material is excluded from entry into the Licensing Support System, either through initial entry pursuant to & 2.1003 of this subpart, or i

through derivative discovery pursuant to s 2.1019(i) of this subpart--

(a)

Official notice materials; (b)

Reference books and text books; (c)

Material pertaining exclusively to administration, such as material related to budgets, financial management, personnel, office space, general distribution memoranda, or procurement, except for the scope of work on a procurement related to repository siting, construction, or operation, or to the transportation of spent nuclear fuel or high-level waste; (d)

Press clippings and press releases; (e)

Junk mail; j

(f)

Preferences [ sic] cited in contractor reports that are readily available; (g)

Classified material subject to Subpart I of this Part.

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10 CFR 2.1006 Privilege.

(a)

Subject to the requirements in s 2.1003(d) of this subpart, the traditional discovery privileges recognized in NRC adjudicatory proceedings and the exceptions from disclosure in s 2.790 of this part may be asserted by potential parties, interested governmental participants, and parties.

In addition to Federal agencies, the 12

1 deliberative process privilege may also be asserted by State and local government entities and Indian Tribes.

(b)

Any document for which a claim of privilege is asserted, but is denied in whole or in part by the Pre-License Application Presiding Officer or the Presiding Officer, must be submitted by the party, interested governmental participant, or potential-party that

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The LSS Administrator for entry into the Licensing Support

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System into an open access file; or (2)

To the LSS Administrator or to the Pre-License Application l

Presiding Officer or to the Presiding Officer, for entry into a Protective Order file, if the Pre-License Application j

Presiding Officer'or the Presiding Officer so directs under

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s 2.1010(b) or 2.1018(c) of this subpart.

(c)

Notwithstanding any availability of the deliberative process privilege under paragraph (a) of this section, circulated drafts not.

l otherwise privileged shall be submitted for entry into the' Licensing

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. Support System pursuant to ss 2.1003(a) and 2.1003(b) of this j

subpart.

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k REGULATORY ANALYSIS A separate regulatory analysis was not prepared for this draft regulatory 4

guide.

The regulatory analysis prepared for Draft Regulatory Guide DG-3003,

" Format and Content for the License Application for the High-Level Waste Repository," provides the regulatory basis for Draft Regulatory Guide DG-3009 as well as DG-3003.

A copy of the regulatory analysis is available, in the file for DG-3009, fcr inspection and copying for a fee at the NRC Public Document' Room, 2120 L Street NW., Washington, DC; the PDR's mailing address is Mail Stop LL-6, Washington, DC 20555; phone (202)634-3273; fax (202)634-3343.

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