ML20154M944

Responds to to Chairman,Providing Advisory Committee on Nuclear Waste (Hereafter Committee) Observation & Recommendations on Draft 10CFR63 & Rev 0 of Total Sys Performance Assessment Methodology Irsr

ML20154M944
Person / Time
Issue date:	10/13/1998
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garrick B NRC ADVISORY COMMITTEE ON NUCLEAR WASTE (ACNW)
References
NACNUCLE, NUDOCS 9810210088
Download: ML20154M944 (9)

Text

-

October 13, 1998 Dr. B. John Garrick, Chairman Advisory Committee on Nuclear Waste U.S. Nuclear Regulatory Commission Washington, DC 20555

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL SYSTEM PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS REPORT

Dear Dr. Garrick:

I am responding to your letter of September 3,1998, to the Chairman, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) observations and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total System Performance Assessment (TSPA)

Methodology issue Resolution Status Report (IRSR). I appreciate the Committee's approval of the staff's approach taken in the draft of Part 63 and recommendation for releasing the proposed rule for public comment. The staff believes it has incorporated the Committee's input on Part 63 development through previous letters on relevant topics and interactions at committee meetings.

The Committee supports the regulatory flexibility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy flexibility in design and analysis in complying with an overall performance objective) and has made specific recommendations for technical guidance to be developed by the staff in support of Part 63. As the Committee is aware, staff is working on the l

Initial stages of guidance for its regulation through development of the TSPA methodology and other IRSRs. Consistent with the Committee's recommendations, the staff is revising the IRSRs to l

be consistent with Part 63 and is examining a variety of analysis methods and techniques to l

ensure transparency of the demonstration of compliance with the overall performance objective and multiple barriers. As these efforts continue, the staff will seek the Committee's input via l

presentations to the Committee.

l l

The staff appreciates the Committee's obsen/ations and recommendations on the regulatory framework for geologic disposal of high-level radioactive waste and looks forwarq$hkNfve been made interactions with the Committee on this topic, forOEDOand forthose Sincerely, (Moin;dSignedby highlighted.Please make remaining distribution.

L. Joseph Calland' Executive Director

Thsda, for Operations cc:

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j October 13, 1998 Dr. B. John Garrick, Chairman Advisory Committee on Nuclear Waste U.S. Nuclear Regulatory Commission Washington, DC 20555

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL SYSTEM PERFORMANCE ASSESSG ioZ RESOLUTION STATUS REPORT

Dear Dr. Garrick:

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I am responding to your letter of September 3,1998, to the Chairman, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) observfons and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total System Perforn.ance Assessment (TSPA)

Methodology issue Resolution Status Report (IRSR). I appreciate the Committee's approval of the staff's approach taken in the draft of Part 63 and recommendation for releasing the proposed rule for public comment. The staff believes it has incorporated the Committee's input on Part 63 development through previous letters on relevant topics and interactions at committee meetings.

The Committee supports the regulatory flexibility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy flexibility in design and analysis in complying with an 1

overall performance objectivo) and has made specific recommendations for technical guidance to be developed by the staff in support of Part 63. As the Committee is aware, staff is working on the initial stages of guidance for its regulation through development of the TSPA methodology and other IRSRs. Consistent with the Committee's recommendations, the staff is revising the IRSRs to be consistent with Part 63 and is examining a variety of analysis methods and techniques to ensure transparency of the demonstration of compliance with the overall performance objective and multiple barriers. As these efforts continue, the staff will seek the Committee's input via presentations to the Committee.

The staff appreciates the Committee's observations and recommendations on the regulatory framework for geologic disposal of high-level radioactive waste and looks forwardMW&e been made interactions with the Committee on this top,c.

i forOEDO and forthose Sincerely, yain;dSigadby highlighted.Please make runaining distribution.

L. Joseph Calland' Executive Director

Themks, for Operations cc:

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l October 13, 1998 Dr. B. John Garrick, Chairman Advisory Committee on Nuclear Waste U.S. Nuclear Regulatory Commission l

Washington, DC 20555 1

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL SYSTEM PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS REPORT

Dear Dr. Garrick:

I am responding to your letter of September 3,1998, to the Chairman, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) observations and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total System Performance Assessment (TSPA)

Methodology issue Resolution Status Report (IRSR). I appreciate the Committee's approval of the staff's approach taken in the draft of Part 63 and recommendation for releasing the proposed rule for public comment. The staff believes it has incorporated the Committee's input on Part 63 development through previous letters on relevant topics and interactions at committee meetings.

The Committee supports the regulatory flexibility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy flexibility in design and analysis in complying with an overall performance objective) and has made specific recommendations for technical guidance to be developed by the staff in support of Part 63. As the Committee is aware, staff is working on the initial stages of guidance for its regulation through development of the TSPA methodology and other IRSRs. Consistent with the Committee's recomment.ans, the staff is revising the IRSRs to be consistent with Part 63 and is examining a variety of analysis methods and techniques to ensure transparency of the demonstration of compliance with the overall performance objective and multiple barriers. As these efforts continue, the staff will seek the Committee's input via presentations to the Committee.

The staff appreciates the Committee's observations and recommendations on the regulatory framework for geologic disposal of high-level radioactive waste and looks forward to future interactions with the Committee on this topic.

Sincerely, gindSigDedDY L. Joseph Calland' Executive Director for Operations cc:

Chai. man Jackson, Commissioner Diaz, Commissioner McGaffigan, SECY DISTRIBUTION: G19980558 File center PUBLic PAHL r/f t/f DWM r/f t/f NMss r/f NMSs Dir r/f PTressler JMitchell, oEDO CPoland RJohnson MWeber EDO r/f JHickey JHolonich EMerschoff, Riv Kstablein JBlaha sBurns ACNW DOC NAME: s:\\DWM\\PAHL\\TJM\\G980558.TJM

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Dr. B. John Garrick, Chairman Advisory Committte on Nuclear Waste U.S. Nuclear Regulatory Commission Washington, DC 20555

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL SYSTEM PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS REPORT

Dear Dr. Garrick:

I am responding to your laer of September 3,1998, to the Chairman, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) observations and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total System Performance Assessment (TSPA)

Methodology issue Resolution Status Report (IRSR). I gratefully acknowledge the Committee's approval of the staff's approach taken in the draft of Part 63 and recommendation for releasing the proposed rule for public comment. The staff appreciates and believes it has incorporated input the Committee has provided on Part 63 development, through previous letters on relevant topics, and interactions at committee meetings.

The Committee supports the regulatory flexibility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy flexibility in design and analysis in complying with an overall performance objective) and has made specific recommendations for technical guidance to be developed by the staff in support of Part 63. As the Committee is aware, staff is working on the initial stages of guidance for its regulation through development of the TSPA methodology and other IRSRs. Consistent with the Committee's recommendations, the staff is revising the IRSRs to be consistent with Part 63 and is examining a variety of analysis methods and techniques to ensure transparency of the demonstration of compliance with the overall performance objective and multiple barriers. As these efforts continue, the staff will seek the Committee's input via presentations to the Committee.

The staff appreciates the Committee's observations and recommendations on the regulatory framework for geologic disposal of high-level radioactive waste and looks forward to future interactions with the Committee on this topic.

Sincerely, L. Joseph Callan Executive Director for Operations cc:

Chairman Jackson, Commissioner Diaz, Commissioner McGaffigan, SECY

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_ _ _ _ _ _ _ _ _ - ~ _.

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a Dr. B. John Garrick, Chairman Advisory Committ:rs on Nuclear Wists U.S. Nuclear Regulatory Commission Washington, DC 20555

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL STEM PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS RE RT l am responding to your letter of September 3,1998, to the Ch ' an, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) servations and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total Syst Performance Assessment (TSPA)

Methodology issue Resolution Status Report (IRSR). I atefully acknowledge the Committee's approval of the staff's approach taken in the draft of P rt 63 and recommendation for releasing the proposed rule for public comment. The staff appre tes and believes it has incorporated input the Committee has provided on Part 63 development rough previous letters on relevant topics, and interactions at committee meetings.

l The Committee supports the regulatory flex' ility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy xibility in design and analysis in complying with an overall performance objective) and has ade specific recommendations for technical guidance to be developed by the staff in support of art 63. As the Committee is aware, staff is working on the initial stages of guidance for its regul ion through development of the TSPA methodology and other IRSRs. Consistent with the mmittee's recommendations, the staff is revising the IRSRs to be consistent with Part 63 and is xamining a variety of analysis methods and techniques to ensure transparency of the de nstration of compliance with the overall performance objective i

and multiple barriers. As thes efforts continue, the staff will seek the Committee's input via -

presentations to the Commi e.

The staff appreciates the ommittee's observations and recommendations on the regulatory framework for geologic sposal of high-level radioactive waste and looks forward to future interactions with the Committee on this topic.

Sincerely, L. Joseph Callan Executive Director for Operations cc:

Chairman Jackson, Commissioner Diaz, Commissioner McGaffigan, SECY I

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Dr. B. John Garrick, Chairman Advisory Committse on Nucl:ar Waste U.S. Nuclear Regulatory Commission i

Washington, DC 20555

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL SYSTEM PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS REPORT I am responding to your letter of September 3,1998, to the Chairman, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) observations and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total System Performance Assessment (TSPA)

Methodology issue Resolution Status Report (IRSR). I gratefully acknowledge the Committee's approval of the staff's approach taken in the draft of Part 63 and recommendation for releasing the proposed rule for public comment. The staff appreciates and believes it has incorporated input the Committee has provided on Part 63 development, through previous letters on relevant topics, and interactions at committee meetings.

The Committee supports the regulatory flexibility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy flexibility in design and analysis in complying with an overall performance objective) and has made specific recommendations for technical guidance to be developed by the staff in support of Part 63. As the Committee is aware, staff is working on the initial stages of guidance for its regulation through development of the TSPA methodology and other IRSRs. Consistent with the Committee's recommendations, the staff is revising the IRSRs to be consistent with Part 63 and is examining a variety of analysis methods and techniques to ensure transparency of the demonstration of compliance with the overall performance objective and multiple barriers. As these efforts continue, the staff will seek the Committee's input via presentations to the Committee.

The staff appreciates the Committee's observations and recommendations on the regulatory framework for geologic disposal of high-level radioactive waste and looks forward to future interactions with the Committee on this topic.

Sincerely, L. Joseph Callan Executive Director for Operations cc:

Chairman Jackson SECY Commissioner Diaz

-ete-Commissioner McGaffigan

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contains items relating to the performance of Commission duties and responsibilities, or involves items of high Commission interest.

l t

Dr. B. John Garrick, Chairman l

Advisory Committse on Nucl:ar Wasta l

U.S. Nuclear Regulatory Commission l

Washington, DC 20555

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION 0 OF THE TOTAL SYSTEM PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS REPORT I am responding to your letter of September 3,1998, to the Chairman, providing the Advisory Committee on Nuclear Waste's (hereafter the Committee's) observations and recommendations on Draft 10 CFR Part 63 and Revision 0 of the Total System Performance Assessment (TSPA) Issue Resolution Status Report (IRSR). I gratefully acknowledge the Committee's approval of the staff's approach taken in the draft on Part 63 and recommendation for releasing the proposed rule for public comment. Our staff appreciates input the Committee has provided on Part 63 development, through previous letters on relevant topics, and interactions at public meetings.

The Committee supports the regulatory flexibility provided in the draft of Part 63 (e.g., Part 63 provides the U.S. Department of Energy flexibility in design and analysis in complying with an overall performance objective) and has made specific recommendations for technical guidance to be developed by the staff in support of Part 63. As the Committee is aware, staff is working on the initial stages of guidance for its regulation through development of the TSPA methodology and other IRSRs. Consistent with the Committee's recommendations, the staff is revising the IRSRs to be consistent with Part 63, examining a variety of analysis methods and techniques to ensure transparency of the demonstration of compliance with the overall performance objective and multiple barriers. As these efforts continue, the staff will seek the Committee's input via presentations to the Committee or review of guidance documentation.

The staff appreciates the Committee's observations and recommendations and looks forward to future interactions with the Committee.

Sincerely, L. Joseph Callan Executive Director for Operations cc:

Chairman Jackson SECY Commissioner Diaz ClO Commissioner McGaffigan CFO DISTRIBUTION Fie Center PuBLIC PAHL r/f t/f DwM r/f t/f NMsS r/f NMss Dir r/f JMitchell. OEDO CPoland RJohnson MWeber EDO r/f JHickey JHolonich EMerschoff, RIV BTravers PNorry Kstablein JBlaha sBurns ACNW TICKET: G980558 lQQt)M_fNT NAME s \\DWMPAHL\\TJMtG980558.TJM oFC PAHL PAHL Tech. Ed.

PAHL DWM NAME TMcCarti KMcConnell EKraus MBell JGreeves DATE 9/M98 10/ /98 10/ /98 10/ /98 oFC NMss DEDR EDo NAME CPapenello HThompson LJCallan DATE 10/ /98 10/ /98 10/ /98 OFFICIAL RECORD COPY This correspondence formulates policy or expands. revises, or interprets policy, involves mMM pending Commission decision. contains items relating to the performance of Commission dutes and responsibilities, or involves items of high commission interest.

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SUBJECT:

ACNW COMMENTS-ON'NRC'S DRAFT 10 CFR PART 63 AND REV' TO THE TOTAL SYSTEM PERFORMANCE ASSESSMENT ISSUE-RESOLUTION STATUS REPORT ACTION:

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CHAIRMAN,'RF SPECIAL HANDLING: NONE i

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September 3,1998 The Honorable Shirley Ann Jacksos. -

Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

ADVISORY COMMITTEE ON NUCLEAR WASTE COMMENTS ON NRC'S DRAFT 10 CFR PART 63 AND REVISION O OF THE TOTAL SYSTEM

- PERFORMANCE ASSESSMENT ISSUE RESOLUTION STATUS REPORT During the 102nd ACNW meeting, July 20-22,1998, the NRC staff briefed the ACNW on its draft regulatory framework for geologic disposal of high-level waste (HLW) at Yucca Mountain.

Presentations included an overview of the site-specific implementing rule for HLW disposal,

- draft 10 CFR Part 63,." Disposal of High-Level Radioactive Waste at Yucca Mountain, Nevada,"

(Reference 1) and Rev. O of the Total System Performance Assessment (TSPA) Issue Resolution Status Report (IRSR). The Committee was sent a copy of portions of the draft rule before the meeting and has since received a copy of the complete draft rule. Consistent with the Committee's commitment to support the agency's effort to move from deterministic regulations toward risk-informed, performance-based regulation (Reference 2), this letter is one in a continuing series of letters on the subject of NRC's HLW regulatory framework.

Based on the briefing and materials provided, the ACNW compliments the staff on its progress toward development of a risk-informed, performance-based rule. The Committee considers the staffs approach to be consistent with previous ACNW advice on multiple barriers and risk-4 informed, performance-based regulation. This should lead to an effective and efficient rule.

Below are our specific observations and recommendations:

Observation 1: The draft rule requires the Department of Energy (DOE) to use multiple barriers, both engineered and natural, and to demonstrate how this requirement is satisfied.

The demonstration is to include an identification of the barriers, a description of the capability of each barrier to isolate waste, accounting for uncertainties, and the technical basis for the description of the capabilities.

Recommendation 1: The ACNW recommends that the staff proceed apace with issuing the draft rule for public comment. We are pleased that the draft rule requires compliance with an overall dose standard and allows design and analysis flexibility in complying with the standard for both pre-and post-closure performance of the repository. This kind of regulatory flexibility has been absent in the past. The ACNW commends the NRC staff for taking this approach.

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Observation 2: The staff indicated that details of what NRC expects from DOE in its demonstration of multiple barriers will be contained in the IRSRs, and eventually the Yucca Mountain Review Plan, rather than in the draft rule itself. This will allow both NRC and DOE greater flexibility.

Recommendation 2: The ACNW recommends that the staff convey clearly in its TSPA IRSR guidance the information that DOE should provide in its analysis to ensure transparency of the contribution of individual barriers. In addition, we encourage the staff to convey in all the IRSRs the information needed for NRC to make a regulatory finding. The ACNW agrees with the staff that the regulation should not contain too much specificity, as codes, capabilities, etc.,

and will continue to evolve.

Observation 3: The acceptance criteria and review methods were developed for many of the Rev. O IRSRs before the rule was drafted.

Recommendation 3: The Committee recommends that the staff continue to refine the review methods, technical basis, and acceptance criteria in the IRSRs to ensure that a strong nexus exists between the IRSR requirements and the draft rule. We encourage the staff to continue efforts to codify IRSR results in future rulemaking initiatives.

l Observation 4: The staff has indicated that it may use importance analyses or other methods to expose, in a transparent manner, the impact that individual barriers have on dose.

Transparency involves decomposing the analyses to reveal contributors to dose, and is difficult to achieve unless a genuine and deliberate effort is made to understand the contribution from individual barriers including the associated uncertainties.

Recommendation 4: We recommend that the staff continue to develop methods and techniques to ensure modeling transparency. The Committee encourages the staff to push l

aggressively to develop these techniques. This will enhance the transparency of NRC's review I

with respect to the evaluation of the effectiveness of DOE's multiple-barrier approach. The staff l

should also develop acceptance criteria that articulate the requirements for DOE's analysis.

We compliment the staffs effort to develop a risk-informed, performance-based rule and will continue to work with the staff throughout the development of the draft 10 CFR Part 63 rule and its supporting review guidance.

Sincerely, ep k

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B. John Garrick Chairman I

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References:

1.

U. S. Nuclear Regulatory Commission,10 CFR Part 63," Disposal of High-Level Radioactive Wastes in a Proposed Geologic Repository at Yucca Mountain, Nevada,"

Draft Predecisional.

2.

Advisory Committee on Nuclear Waste, NUREG/BR-0050, "1998 Strategic Plan."

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