ML20137G822

Tesimony of NRC Re DOE, Mission Plan for Civilian Radwaste Mgt Program, Given by Nj Palladino Before Senate Committee on Energy & Natural Resources on 850912.Pp 1-12

ML20137G822
Person / Time
Issue date:	09/12/1985
From:	NRC COMMISSION (OCM)
To:
References
NUDOCS 9704010533
Download: ML20137G822 (13)

Text

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COMM.

CORME5R l , .,

El neuc cocuntuisooM 9//J/86 yeld: H 9ea 15 s@ 16 A8:45 /by(u Tmt rccur.stro OdVN TESTIMONY OF l UNITED STATES NUCLEAR REGULATORY COMMISSION CONCERNING THE DEPARTMENT OF ENERGY'S MISSION PLAN FOR THE CIVILIAN RADI0 ACTIVE WASTE MANAGEMENT PROGRAM GIVEN BY: NUNZIO J. PALLADINO, CHAIRMAN BEFORE THE

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SENATE COMMITTEE ON ENERGY AND NATUllA[ RESOURCES SEPTEMBER 12, 1985 i

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MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, I

WE APPRECIATE THIS OPPORTUNITY TO APPEAR BEFORE YOUR SUBCOMMITTEE

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TODAY TO PROVIDE THE COMMISSION'S VIEWS ON THE DEPARTMENT OF ENERGY'S MISSION PLAN FOR THE CIVILIAN RADIOACTIVE WASTE MANAGEMENT PROGRAM.

THE MISSION PLAN, WHICH IS REQUIRED UNDER SECTION 301 0F THE NUCLEAR WASTE POL!CY ACT OF 1982 (NWPA), IS THE CENTRAL ORGANIZING

. DOCUMENT FOR DOE'S.HIGH-LEVEL _ WASTE PROGRAM.-.lTS PURPOEE IS TO PROVIDE AN INFORMATIONAL BASIS SUFFICIENT TO PERMIT INFORMED THE DECISIONS TO BE MADE IN CARRYING OUT THE REPOSITOPY PROGRAM.

DECISIONS NOW PROPOSED IN THE MISSION PLAN WILL ESTABLISH THE BASIS FOR THE SCHEDULES AND PRIORITIES IN THE NATIONAL PROGRAM FO A NUMBER OF YEARS TO COME.

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IT IS THE COMMISSION'S VIEW THAT THE FINAL MISSION PLAN CONSIDERS ALL OF THE MAJOR NRC MILESTONES IN THE NATIONAL HLW PROGRAM. WITH THE ONE EXCEPTION THAT DOE IDENTIFIED IN THEIR RESPONSE TO OUR

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OBJECTIONS, NAMELY THE TIMING OF THE PRELIMINARY DETERMINATION, DOE HAS RESOLVED THE OTHER REGULATORY CONCERNS THAT WE EXPRESSED ON THE PREVIOUS TWO DRAFTS OF THIS DOCUMENT.

AS YOU KNOW, THE NUCLEAR REGULATORY COMMISSION IS THE INDEPENDENT FEDERAL AGENCY HAVING PRIME REGULATORY RESPONSIBILITY UNDER THE NUCLEAR WASTE POLICY ACT OF 1982...THE NRC.HAS.THE. REGULATORY _ _ _

AUTHORITY TO OVERSEE AND CONFIRM THAT DOE'S ACTIONS UNDER THE NWPA ,

ADEQUATELY PROTECT PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT.

1 DOE CANNOT BUILD A GEOLOGIC REPOSITORY FOR HIGH LEVEL RADI0 ACTIVE 3 WASTES WITHOUT THE COMMISSION'S AUTHORIZATION AND THE REPOSITORY CANNOT BE OPERATED UNTIL NRC HAS GRANTED A LICENSE. SIMILARLY, THE STORAGE OF COMMERCIAL SPENT FUEL PRIOR TO DISPOSAL IS UNDER NRC REGULATORY AUTHORITY, FOR THE NATIONAL WASTE PROGRAM, DOE HAS 1

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OPERATIONAL RESPONSIBILITY -- PLANNING, SITING, CONSTRUCTING, I

! OPERATING, AND CLOSING THE FACILITIES. NRC FOCUSES ON THE HEALTH, l

I 4 SAFETY, AND' ENVIRONMENTAL PROTECTION ASPECTS OF THE PROGRAM.,

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.IN NRC'S REGULATION OF ,DE ACTIVITIES, IT IS DOE'S RESPONSIBILITY

! TO DEMONSTRATE THAT REGULATORY REQUIREMENTS ARE MET. IT IS NOT NRC'S ROLE TO MAKE THAT DEMONSTRATION, NOR TO DEVISE A STRATEGY OR

TECHNIQUE FOR MAKING IT. THAT IS DOE'S RESPONSIBILITY, AND DOE'S 1

I ALONE.

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!i THE REGULATORY PROCESS IMPOSES A SPECIAL RIGOR ON THE NATIONAL REPOSITORY PROGRAM. IF THE PROGRAM IS TO STAND UP TO.THE SCRUTINY l

INHERENT IN THE NRC LICENSING PROCESS, THE NRC'S TECHNICAL JUDG-MENTS, DOE'S TECHNICAL JUDGMENTS, AND THE PROCESS BY WHICH EACH  !

ARRIVES AT THESE JUDGMENTS, WILL HAVE TO BE FULLY SUPPORTED AND i

CLEARLY DOCUMENTED. NOT ONLY MUST THE COGNIZANT FEDERAL AGENCIES ARRIVE AT TECHNICALLY VALID JUDGMENTS, BUT THEY MUST BE ABLE TO j

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.O _a_ O DEMONSTRATE THIS VALIDITY IN THE OPEN FORUM OF A LICENSING i

PROCEEDING.

i AS CAN BE SEEN, THE NRC, AS WELL AS THE DEPARTMENT OF ENERGY, HAS ~

A VERY CRUCIAL ROLE UNDER THE NWPA; ACCORDINGLY, THE COMMISSION AND THE NRC STAFF HAVE CAREFULLY REVIEWED THE FINAL DOE MISSION PLAN.

1 I WOULD NOW LIKE TO OUTLINE FOR YOU A FEW OF THE NRC OBSERVATIONS

. COVERfD BY THIS IMPORTANT DOCUMENT AND THE. PROGRAM IT.RE, PRESENTS._._

THE FIRST OBSERVATION INVOLVES THE MISSION PLAN'S CONSIDERATION OF A CRITICAL REGULATORY CONCERN: QUALITY ASSURANCE.

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AS YOU KNOW, INADEQUATE IMPLEMENTATION OF FULLY DOCUMENTED QUALITY ASSURANCE PROGRAMS CAN CAUSE PROBLEMS IN THE TIMELY LICENSING OF A REPOSITORY. TO AVOID SUCH DIFFICULTIES IN REPOSITORY LICENSING 1

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PROCEEDINGS, BOTH DOE AND NRC WILL NEED TO KNOW FROM THE OUTSET THAT THERE IS NO FORESEEABLE DISPUTE ON WHETHER AN ADEQUATE .

QUALITY ASSURANCE PROGRAM IS IN PLACE AND IMPLEMENTED. THE NRC IS i

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ENCOURAGED THAT IN THE FINAL MISSION PLAN DOE IS COMMITTED TO HAVE I f l A QUALITY ASSURANCE PROGRAM IN PLACE AND IMPLEMENTED BEFORE

! l l BEGINNING SITE CHARACTERIZATION. WE RECOGNIZE THAT THE DETAILED l IMPLEMENTATION OF THIS PROGRAM, AS IT IS CARRIED OUT BY DOE AND l

ITS CONTRACTORS, WILL TAKE TIME. NRC WILL CONTINUE TO ANALYZE i

THIS CRITICAL UNDERPINNING OF DOE'S PROGRAM AS IMPLEMENTATION

. PROCEEDS. _ , . .. . _ ,_ _ , _

j THE SECOND OBSERVATION IS THAT A CERTAIN LEVEL OF NRC-DOE INTER-

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ACTIONS MUST TAKE PLACE TO SUPPORT THE ACTIVITIES AND SCHEDULES IN ,

THE MISSION PLAN. WE ARE COMMITTED DURING THE PRE-LICENSING l

PERIOD, TO THE ESTABLISHMENT OF EFFECTIVE NRC-DOE INTERACTIONS TO l

IDENTIFY MAJCP LICENSING QUESTIONS; THESE INTERACTIONS SHOULD BE l i

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SCHEDULED SUFFICIENTLY EARLY SO THAT NRC COMMENTS CAN BE RESOLVED i

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i BY DOE TO THE SATISFACTION OF BOTH AGENCIES WITH SUFFICIENT LEAD TIME SO AS NOT TO DELAY DOE ACTIVITIES CR THE NRC LICENSING PROCESS. OUR COMMITMENT IS CONTINGENT ON DOE'S IDENTIFYING WHERE

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CONSULTATION IS NEEDED AND ARRANGING MEETINGS WITH US EARLY IN THE~

l PLANNING PROCESS IN SUFFICIENT TIME S0 THAT NRC COMMENTS APE i

a INCLUDED IN DOE PLANS AND PROGRAMS BEFORE DOE DECISIONS AND l

COMMITMENTS ARE MADE. WHILE THE NRC STANDS READY TO MEET WITH

DOE, THE NRC'S ABILITY TO WORK WITH THEM IN A TIMELY MANNER IS DEPENDENT ON DOE'S ABILITY TO DERFORM EFFECTIVE EARLY SCHEDULING

. OF THESE MEETINGS.. EARLY P.LANNING ,WILL ASSU,RE _THAT.J!RC_ COMMENTS _,

ARE RECEIVED AT A TIME WHEN THEY CAN BE INCLUDED IN DOE PLANNING IN THE MOST EFFICIENT MANNER AND ALSO WILL MAXIMIZE THE TIME AVAILABLE TO REACH AGREEMENT ON ISSUES WITH MINIMUM IMPACT ON DOE SCHEDULES, UNLESS OF COURSE, UNRESOLVED SAFETY ISSUES ARISE. WE BELIEVE THAT THE EFFECTIVE CONDUCT OF THESE EFFORTS IS THE FOUNDATION FOR THE SUCCESS OF THE PROGRAM DESCRIBED IN THE MISSION PLAN.

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THE THIRD OBSERVATION IS THAT THE MISSION PLAN HAS CHANGED THE AMOUNT OF TIME THAT THE NUCLEAR WASTE POLICY ACT ALLOWS FOR THE NRC CONSIDERATION OF AN APPLICATION FOR CONSTRUCTION AUTHORIZA-TION. SINCE THE LAST DRAFT OF THE MISSION PLAN, THIS TIME HAS ' ~

BEEN SHORTENED FROM 36 MONTHS TO 27 MONTHS.

THE NRC IS COMMITTED TO MAKING THE LICENSING REVIEW AS EFFICIENT AS POSSIBLE. HOWEVER, NRC CONTINUES TO BELIEVE THAT THE THREE YEARS PROVIDED BY THE NWPA IS A VERY OPTIMISTIC ESTIMATE FOR THE

- TIME BEQUIRED TO REACH A LICENS.ING, DECISION ,0N REPOSITORY CON-STRUCTION. THE TIME REQUIRED DEPENDS ON THE SUBMITTAL BY DOE OF AN ACCEPTABLE, COMPLETE, HIGH QUALITY APPLICATION, AND ON THE ABILITY OF DOE TO PRESENT ITS CASE FORCEFULLY AND EFFECTIVELY BEFORE THE ADJUDICATORY HEARING HELD BY THE LICENSING BOARD. WE HAVE NOT IDENTIFIED AT THIS TIME SPECIFIC ACTIONS WHICH COULD PERMIT THE LICENSE REVIEW PERIOD TO BE REDUCED FROM THE STATUTORY 36 MONTHS. WE INTEND TO CONTINUE OUR EFFORTS TO WORK WITH DOE TO

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$h .g. .$ h IDENTIFY AND IMPLEMENT WAYS TO HELP MAKE THE LICENSING PROCESS AS EFFICIENT AS POSSIBLE, CONSISTENT WITH OUR REGULATORY RESPONSIBILITY. ,

ONE SPECIFIC EFFORT WHICH IS EXTREMELY IMPORTANT IN THIS REGARD IS THE EARLY DEVELOPMENT BY DOE, IN CONSULTATION WITH NRC, OF A COMPREHENSIVE, COMPUTER BASED INFORMATION MANAGEMENT AND RETRIEVAL SYSTEM WHICH IS OPEN TO STATES, TRIBES AND OTHER POTENTIAL PARTIES TO LICENSING PROCEEDINGS. WE HAVE BEEN WORKING WITH DOE TO

- ESTABLISH SPECIFIC REQUIREMENIS F08 THIS SYS,TEtl. Tile, AA0V I S I TION _.,_

0F DOCUMENTS RELEVANT TO THE LICENSE APPLICATION IS TYPICALLY A TIME-CONSUMING STEP IN THE LICENSING PROCESS BUT WE BELIEVE DEVELOPMENT OF SUCH AN INFORMATION MANAGEMENT SYSTEM CAN PRECLUDE A PROTRACTED DOCUMENT DISCOVERY PROCESS.

AS DOE RECOGNIZES IN THE MISSION PLAN, THE SCHEDULES IN GENERAL ARE AGGRESSIVE ONES. ONE OF THE KEYS TO MAINTAINING THESE

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, SCHEDULES WILL BE FOR DOE TO TAKE A CONSERVATIVE APPROACH TO ITS TECHNICAL WORK. FOR EXAMPLE, THE MORE DETAILED TECHNICAL PLANS j WHICH WILL SUPPLEMENT THE MISSION PLAN, NEED TO ACCOUNT FOR THE i

FULL RANGE OF UNCERTAINTIES THAT EXIST AT EACH OF THE SITES BEING i l

CHARACTERIZED. THIS WILL ASSURE THAT NEEDED TESTING IS IDENTIFIED EARLY IN THE SITE CHARACTERIZATION PROGRAM WHEN IT IS LEAST DISRUPTIVE TO THE PROGRAM AND SCHEDULES. WHILE MOST OF THE CRITICAL-PATH ACTIVITIES IN THE MISSION PLAN SCHEDULE ARE NOT 4

NRC'S RESPONSIBILITY, WE COMMENT ON THIS MATTER BECAUSE THESE i i . ACTIVJTIES ARE LARGELY AIMED AT PROVIDING THE INFORMATION NEEDED FOR LICENSING. OUR INTEREST IS IN ENSURING THAT INFORMATION SUFFICIENT TO SUPPORT A LICENSE APPLICATION WILL BE AVAILABLE AT THE END OF SITE CHARACTERIZATION.

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THE FINAL TOPIC RELATES TO THE QUESTION OF THE TIMING OF DOE'S PRELIMINARY DETERMINATION. AS STATED IN THE MISSION PLAN, DOE INTENDS TO MAKE THE PRELIMINARY DETERMINATION REQUIRED BY THE NWPA

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AT THE TIME THREE SITES ARE RECOMMENDED TO THE PRESIDENT FOR l

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CHARACTERIZATION RATHER THAN AFTER COMPLETION OF SITE i l

CHARACTERIZATION. THIS WAS A MATTER WHICH WAS RAISED DURING,THE

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COMMISSION'S SITING GUIDELINES CONCURRENCE PROCESS. l I

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IN THE NRC COMMENTS ON THE DRAFT MISSION PLAN, IT WAS STATED THAT l l

THE MISSION PLAN SHOULD BE REVISED TO REFLECT THE AGREEMENT MADE i AT THE JUNE 22, 1984 COMMISSION MEETING ON THE COMMISSIONERS' CONCURRENCE DECISION ON THE DOE SITING GUIDELINES. THIS AGREEMENT STATES, "...THAT THE PRELIMINARY DETERMINATION...SHOULD BE MADE l

AFTER'THE COMPLETION OF SITE CHARACTERIZATION AND NOT AT THE TIME l 1

0F SITE NOMINATION AND RECOMMENDATION FOR CHARACTERIZATION." THE COMMISSION HELD A PUBLIC MEETING ON SEPTEMBER 6, 1985 TO HEAR l

VIEWS OF INTERESTED PARTIES. THE COMMISSION HAS ALLOWED AN  ;

ADDITIONAL SHORT PERIOD FOR SUBMISSION OF WRITTEN VIEWS BY THE l l

PARTIES. THE COMMISSION ALSO REQUESTED ITS OFFICE OF GENERAL COUNSEL-T0 EXAMINE WHETHER NRC IS LEGALLY REQUIRED BY THE NWPA TO

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TAKE ANY ACTION NOW IN RESPONSE TO THE CURRENT DOE POSITION ON THE TIMING OF ITS PRELIMINARY DETERMINATION. IT IS THE COMMISSION'S INTENTION TO MAKE A DECISION AS EXPEDITIOUSLY AS POSSIBLE AS TO WHETHER FURTHER COMMISSION ACTION ON THIS MATTER IS WARRANTEIi. -

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BEFORE CLOSING, 1 ALSO WANT TO NOTE THAT DOE IS NOW EVALUATING PLANS TO INCLUDE THE MONITORED RETRIEVABLE STORAGE FACILITY AS AN INTEGRAL ELEMENT OF ITS PREFERRED HIGH-LEVEL WASTE MANAGEMENT SYSTEM. NPC STAFF HAS BEEN CAREFULLY OBSERVING AND REVIEWING

, DOE'S, DEVELOPMENT OF THIS STRATEGY.

SHOULD, CONGRESS DECIDE TO AUTHORIZE THIS APPROACH, THE NECESSARY REGULATORY FRAMEWORK WILL BE AVAILABLE ON A SCHEDULE CONSISTENT WITH THE MISSION PLAN.

FINALLY, I WOULD LIKE TO STATE THAT THE NRC'S ABILITY TO COMPLETE ACTIONS ON SCHEDULE IS DEPENDENT ON DOE DEVELOPING THE INFORMATION NEEDED FOR RESOLUTION OF TECHNICAL ISSUES, DOE TECHNICAL PROGRAMS

G.:'- o .n. O AND LICENSING SUBMITTALS OF HIGH QUALITY, AND CONTINUED AVAILABILITY OF ADEQUATE RESOURCES.

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