ML20132D080
| ML20132D080 | |
| Person / Time | |
|---|---|
| Issue date: | 06/20/1984 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20132C354 | List: |
| References | |
| REF-WM-1 NUDOCS 8509300049 | |
| Download: ML20132D080 (2) | |
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i MRxnapp MEMORANDUM FOR: Guy H. Cunningham, Director JTGreeves Office of the Executive Legal Director LSHigginbotham HJMiller FROM: John G. Davis, Director RRBoyle Office of Nuclear Materials JLinehan Safety and Safeguards JKennedy
SUBJECT:
APPLICABILITY OF PARTS 19 & 21 TO 00E HIGH-LEVEL WASTE PROGRAM The purpose of this memorandum is to request your legal opinion as to the role that 10 CFR Part 19, " Notices, Instructions, and Reports to Workers; Inspections", and 10 CFR Part 21, " Reporting of Defects and Noncompliances",
could have with the Department of Energy and its contractors under 10 CFR Part 60.
The Department of Energy is authorized by the Nuclear Waste Policy Act of 1982 (NWPA) to site, design, construct, and operate mined geologic repositories in accordance with NRC regulations. Unlike other organizations regulated by the NRC, and which clearly fall under Parts 19 and 21, 00E is neither a licensee nor license applicant at this time, yet is performing many tasks during the pre-licensing site characterization stage which may lead to irreversible commitments affecting public health and safety. For example, the exploratory .
shafts and test chambers constructed during the site characterization stage, in all probability, will be an integral part of the licensed high-level radioactive waste repository. Construction defects encountered during site characterization, therefore, could have significant impact on the overall integrity cf the repository. 00E also is undertaking design work, including resnarch and development in this area, during the site characterization phase of 10 CFR Part 60. Design errors, not identified early-on in the process, could be costly both in time and resources to NRC as well as 00E at the time of formal licensing.
The 00E and its contractors are currently conducting laboratory and fi. eld invectigations in various technical areas such as geology, hydrology, geociemistry, and rock mechanics. In addition, other activities including facility d sign, waste package testing, and the assessment of radiation effect.s, are being performed. Data being gathered and analyzed in these activities will be used by 00E to support a license application, required by 10 CFR Part 60, and provide the basis for the Commission to issue a construction authorization. 00E, in its Draft Mission Plan submitted to the Commission for comment, indicates that it will submit a license application to NRC in 1990.
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414.9/WRR/84/05/11/0 Given the recent problems the Commission has been facing with reactor licensing, we believe the application of Parts 19 and 21 may enhance the quality of the DOE license application and, therefore, our ability to make timely and well grounded licensing decisions under the NWPA.
(Signed) John G. Dsvis John G. Davis, Director Office of Nuclear Material Safety and Safeguards
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