ML20154N965
| ML20154N965 | |
| Person / Time | |
|---|---|
| Issue date: | 12/11/1979 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20154N953 | List: |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220145 | |
| Download: ML20154N965 (46) | |
Text
{{#Wiki_filter:_ -_---_--__----- r~ i dP7 Testimony Before the Subcommittee on Nuclear Regulation Committee on Environment and Public Works Presented by William J. Dircks, Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission December 11, 1979 A V . I am pleased to-havn this opportunity to testify before your Subcommittee on several aspects relating to the federal waste management program. I am accom-panied by Mr.' John B. Martin, the Director of our Division of Waste Management. Since there'are a number of other individuals who will be testifying'this uorning,Iwillattempttokeepmyop'eni$gremarksshortandaddressonly three of the questions raised in your telegram of November 29, 1979. Comments ' on the remaining questions have been provided to your staff and with your permissibn could be included in the' record. It should be noted that the ()- comments presented in my testimony represent my views as the Director of the
.0ffice~of Nuclear Material Safety and Safeguards and not necessarily those of the Commission.
.Both your Subcommittee and the Nuclear Regulatory Commission (NRC) have been wor'k ing'.over the past year, onideve. loping procedures, to improve the management
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of. radioactive: wastes. Inmanyi.if.notall,(respects.ourgoaisand' objectives
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are the same; This~ctin be, seep in thef tko Bills that the Subcommittee has
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- before'it. -Since we appeared before this Subcommittee in, September, the NRC
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staff has developed.a new proposed regulation for the disposal of.high-level radioactive wastes'in geologic repositories (10.CFR'Part 60). This proposed regulation'is largely consistent with the main thrust of the two Bills under i consideration. h It might be'useful. to br.iefly describe-our proposed regulation in order to show the similarity between our time schedules and licensing concepts and those contained in the'two Bills. The proposed-Procedural Aspects Rule was
. published for public comment inLthe Federal Register on December 6, 1979.
d With your permission, Mr. : Chairman, I would like to include this. portion of our
. proposed regulation as part.of-the record. We expect to publish a companion
'. regulation covering the technical criteria in mid-1980 and to finalize the entire _ rule by the end of 1981.
i i i: .0ur procedural rule contemplates a process whereby the Department of Energy (DOE) would characterize three to five sites in several media prior to submitting a license application to NRC, By site characterization, we include sinking an
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' exploratory shaft,.l'ateral borings, and in-situ testing at the planned depth of waste emplacement. We feel that such a process is necessary to insure a meaningful-comparison of alternatives required by NEPA. Doing less may make 1 p _it difficult to conclude a licensing proceeding.
'l L ' Based =on(discussionwithDOE,we'understandthatifeventsmovedasplanned, -I L
- they could submit at least three Site Characterization Plans to the Commission i.
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~ by-1984 and two more a year or two .later. This would permit site selection 1 and 'a license application in the 1987 or 1988 time frame and construction !
I; authorization'in the early 1990's. l' \.
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In summary, ifL the provision in-Section'4(c)'of: Amendment 646 concerning the { January 1.,.1984 date were changed from " construction permit" to " site 3 characterization plans," we' believe that'all of.the dates specified are {
. achievable. However,-if current language is retained, we .cannot meet these l
" dates.
At'each of-these successive steps, more understanding will be developed in the ; capability of:the site and its associated waste form. Thus, the very process
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LI have described.is implicitly.a Confidence Proceeding. Our views on this are l
' covered more fully in.the material I have attached for the~ record. ;
Substantive Licensing Criteria : I.would like to turn'now to the licensing criteria of our proposed. regulation.
'Again,.the intent of this part.of=our proposed high-level waste management- ;
regulation is very similar-to the intent of the substantive licensing criteria contained in both of.:the Bills.before your Subcommittee. Licensing standards, l such as the one~provided in Section 202(c)(1), that require the Commission to I Oc
. determine that a waste disposal facility " presents no significant hazard to the ~public health and safety or the environment," are compatible with those in
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our. proposed rule.and would certainly be acceptable to me. This type of provision!is general but.still provides strong guidance to the Commission in i
;the. licensing procedures.
l i L i ~ 0 'On the other hand, I-have concern over the use of licensing standards that are i
-cast in absolute terms. ' Absolute standards are difficult to handle when in j m regulations ~or legislation. i
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1 O- O i 4 , An example of an absolute criteria.is the use-of the term "best available" technology and medium contained in both S. 1521 (Section 202(b)(3) and (4) and Amendment 646, Section 202(c)(2)). The "best available technology" criteria is' both absolute and open-ended and would be very difficult to resolve in a licensing proceeding. Technology is always improving. What is "best" in 1984 may not be "best" for very long. To achieve the objective " construct a high-level i, waste repository that will present no significant hazard to the public health ! and safety or the environment" would require a balancing between such a number of factors including technology, the geologic media, cost, risk to the public,
%e) socioeconomic factors, acceptance of the site location by the public, and even the potential value of underground mineral resources.
Therefore, I would recommend that all of the absolute licensing standards contained in both Bills !. be deleted. - Allegations by Messrs. Stalos and Wegele You requested that I comment on the following question: O " Ass 0 ming the truth of allegations by Messrs. Stalos and Wegele about deficiencies in waste management at the Hanford Reservation, do these deficiencies pose a significant threat to the public health and safety or the environment?" If the allegations prove to be true, I would be concerned. It is not clear to me whether any one of the problems cited would be a major threat to public health and safety; but in the aggregate, the pattern may indicate a significant
, problem in the making. If a situation such as that alleged to exist at Hanford existed at an NRC fuel cycle or waste cfa'ility, we would not tolerate it.
This concludes my opening statement, Mr. Chairman. I will be pleased to answer any questions.
O s.
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~ ELABORATION ON THE HIGH-LEVEL WASTE MANAGEMENT CONFIDENCE PROCEEDINGS TOGETHER WITH RESPONSES TO QUESTIONS ASKED BY THE SUBCOMITTEE IN THE TELEGRAM OF INVITATION, DATED NOVEMBER 29, 1979, FROM SENATOR GARY HART ,
-TO MR WILLIAM J. DIRCKS, DIRECTOR OF THE OFFICE OF NUCLEAR MATERIAL '
SAFF" AND SAFEGUARDS, U.S. NUCLEAR REGULATORY COMMISSION i HIGH-LEVEL WASTE MANAGEMENT CONFIDENCE PROCEEDINGS
- l. Both Sections 5 of S. 1521 and Amendment 646 direct the Commission to determine whether a technology exists for high-level waste disposal. S. 1521 sets a date of December 31, 1982 for this finding while January 1, 1985 is the deadline r
i (g/ in Amendment 646. A negative. determination in either Bill would trigger a licensing moratorium on reactor licensing. These proposed proceedings would overlap the generic proceeding already underway by the Commission to reassess the degree 4f assurance now available that radioactive waste produced by nuclear facilities can be safely disposed of, to determine when such disposal will be available, and whether such wastes can be ; safely stored until they are safely disposed of. The Notice of this Proposed Rulemaking was published in the Federal Register on October 25, 1979 as a
- Q response to the decision of the United States Court of Appeals for the District
-of Columbia in Minnesota v. NRC. This Notice of Proposed Rulemaking is attached. <
It has been estimated by the Commission that the NRC Waste Confidence Rulemaking will be completed by the end of 1981. i The significant difference between the proceedings included in the two Senate Bills. and the Commission Confidence Proceeding is when the technology to ! dispose of radioactive wastes is determined to exist. Under S. 1521 the l
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1 :D p l s V V A-2 determination must be made that the technology exists as of December 31, 1982 in order to continue power reactor licensing. Under Amendment 646, the deter-mination must be made that the technology exists on or before 1985. In contrast, in the NRC Confidence Rulemaking the Commission will determine if there is reasonable assurance that technology will exist at the time that it is actually needed for off-site disposal of reactor radioactive wastes. The staff is not sure that sufficient information will be available by either 1982 or 1985 to make a determination that technology actually exists. This is one reason why ( a four-stage licensing process was developed in the high-level waste management regulation. At each stage of the procedure - starting with the site character-ization in several geologic media - the NRC will make a determination on whether we have sufficient confidence to proceed to the next step. There is another reason why a proceeding is questioned in which the Commission must make a determination on whether technology exists before NRC has either
. received,or acted upon an application for construction of a waste repository.
If the Commission makes a Confidence determination, say in 1985, that the technology exists, this action could limit the NRC staff from making an objective review of alternative technologies in a DOE application to be e submitted sometime in 1987. For the above reasons, it is recommended to the Subcommittee that the
" existing technology" Confidence provisions in both Bills be deleted.
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. .l A-3 RESPONSES TO QUESTIONS'IN THE NOVEMBER 29, 1979 LETTER FROM SENATOR GARY HART-
-[ Note: The first three questions in Senator Hart's letter i are-changed in sequence in order to provide a !
better transition in the discussion presented below.] j
. Question 3:
Do the deadlines, established in Sections 5 and 6 of S.1521 (Randolph) and Section-4 of Amendment 646 (Hart) allow a reasonable period of time for. completion of the required tasks leading to the development of permanent disposal facilities.? If not, what alternative deadlines ;
~ do you recommend?
Both the Subcommittee and the Nuclear Regulatory Commission have been working over the past year on developing procedures to improve the management of radioactive wastes. In many, if not all, respects our goals and objectives ' are the same. This can be seen in the two Bills that the Subcommittee has !
.before it. Since appearing before this Subcommittee in September, the NRC staff has developed a new proposed regulation for the disposal of high-level !
-radioactive wastes in geologic repositories (10 CFR Part 60). This' proposed regulation is largely consistent with the main thrust of the two Bills under. '
consideration.' i LO: It might be useful to briefly describe our proposed regulation in order to
- show the similiarity between our time schedules and. licensing concepts and those contained in the two Bills. The high-level waste regulation has been '
separated into two parts: Procedural Aspects.and Technical Aspects. The l proposed Procedural. Aspects were published in the Federal Reaister on December 6, ; 1979. This portion of our proposed regulation should be included as part of $ l the record. The ' staff expects to publish a companion regulation covering the : L _ l technical-criteria 1n mid-1980 and to finalize the entire rule by the end of
.1981.
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.. LO O A-4 Our procedural-rule contemplates a process whereby DOE would characterize three to five sites'in several media prior to submitting a license application-to NRC. By site characterization, the staff included sinking an exploratory.
shaft, lateral borings, and.in-situ testing.at the planned depth of waste emplacement. :The' staff' believes such a process is necessary to insure a i meaningful comparison'of alternative required by NEPA and doing less may make it difficult to conclude a licensing proceeding,. ! i Based on discussion with DOE, the staff understands that if events moved as ' planned, at least three Site Characterization Plans could be submitted to the NRC Commission by 1984 and two more a year or two later. This would permit license application in the 1987 and 1988 time frame and construction author-ization in the early 1990's. - i i i At each of these successive steps, more understanding will be developed in the l capability of the site and its associated waste form. Thus, the very process just.: described is implicitly a Confidence Proceeding.
'In summary, if the provision in Section 4(c) of Amendment 646 concerning the l
January 1,1984 date were changed from " construction permit" to " Site Charac-
.:terization Plans," the staff believes that all of the dates specified in
. Section 4 are achievable. However, if current language is retained, we cannot
! . meet these dates. i l L
-Onithe other hand, it would be unlikely to be able to provide permanent disposal
; capacity for all accumulated high-level waste, non-high-level transuranium L contaminated waste, and irradiated nuclear reactor fuel by 1990 as required in i l
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.4ection 6 of S. 1521'.. (The deadlines imposed in Section 5 of.S. 1521 are discussed in the Confidence Proceeding section.) .g" o
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Cq pd 4 A-6 Question 1: Should nuclear waste legislation specify substantive licensing standards? ,
- a. Please. comment on the substantive licensing criteria in amended Section 202(b)'of S. 1521 (Randolph) and amended Section 202(c) of Amendment 646 (Hart).
- b. Will your proposed regulations satisfy the substantive licensing criteria in these two Bills?
Turning now to the licensing criteria,of our proposed regulation - again, the intent of this part of. our proposed high-level waste management regulation is
! very similar to the intent of the substantive licensing criteria contained in both of the Bills before the Subcommittee. Licensing standards such as the '
one provided in Section 202(c)(1), that require the Commission to determine ; that a waste disposal facility " presents no significant hazard to the public t health and safety or the environment" arf compatible with those in our Proposed Rule and would certainly be acceptable to me. This type of provision is general but still provides strong guidance to the Commission in its licensing procedures. o -
.On the other hand, the staff is concerned over the use of licensing standards that are cast in absolute terms. Absolute standards are difficult to handle when in regulation or legislation.
An example of an absolute criteria is the use of the term "best available" j tech'nology and medium contained in both S. 1521 [Section 202(b) (3 and 4) and Amendment 646 [Section 202(c)(2)]. The "best available" technology criteria is both absolute and open ended and would be very difficult to resolve in a licensing proceeding. Technology is always improving. What is "best" in 1984
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may not be "best" for very long. To achieve the objective, " construct ; a high-level waste' repository that will present no significant hazard to public health and safety or to the environment" would require a balancing ! between such a number of factors including technology, the geologic media, j cost, risk to the public, socioeconomic factors, acceptance of the site
- location by the public, and even the potential value of underground mineral resources. Therefore, the staff would recommend that all of the absolute j licensing standartis contained in both Bills be deleted. i - O l i
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f :.. O A-8 O Question 2: Assuming the truth of allegations by Messrs. Stalos and Wegele-about deficiencies in waste management at the Hanford Reservation, do these deficiencies pose a significant threat to the pubiic health and safety or the environment? If the allegations prove to be true, it would cause concern. 'It is not clear whether any one of the problems cited would be a major threat to the public health and safety; but in the aggregate, the pattern may indicate a significant problem in the' making. If a situatioh such as that alleged to exist at Hanford existed at an NRC fuel cycle or waste facility, it would not be tolerated. i e I i l I
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, O O A-9 Question 4:
Please comment on the actions required of the Nuclear Regulatory Commission in Section 6 of S. 1521 (Randolph) and in Sections 5 and 6 of Amendment 636 (Hart) if these deadlines are not met: The staff shares your concern of wanting to move aggressively to solve the high-level waste management problem, and believe NRC is doing just that. As discussed earlier, the present time schedule should provide an answer to , whether technology exists to build a geologic repository by the early 1990's. Our schedule is very tight but achievable and the NMSS-staf f believes it can be done.
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It would be preferable, however, to see the government officials responsible i for solving our waste management problems be held more accountable for getting this job-done rather than placing pressur'e on closing commerical reactors. i Neither the utility companies nor the general _public have responsibility for I the ultimate disposal-of radioactive waste. The responsibility rests with the l i federal government. However, if-this cannot be achieved and the waste disposal i problem is unsolvable in a timely manner, the staff believes we should not continue to generate the wastes. 4 l o 1
o O O A-10 l Question 5: Please explain NRC's statutory responsibility for protecting._the public health and safety and the environment from the hazards of ' , nuclear waste transportation. The Nuclear Regulatory Commission (NRC), under the Atomic Energy Act of 1954, l as amended (42 U.S.C. Chapter 23) and Section 201 of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5841), is authorized to license and regulate the-receipt, possession, use, and transfer of " byproduct," " source material," ; and_"special nuclear material" (as defined in 42 U.S.C. 2014). The NRC authority O to license air shipment of plutonium is further governed by Public Law 94-79. b o
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f O o A-11 Question Sa: Has the divided jurisdiction in this area between Department of Transportation and NRC had an impact on the quality of regulation and enforcement? Please explain. Jurisdiction over the transportation of radioactive materials is shared over a broad area by'the NRC and Department of Transportation (DOT). Joint reponsibility in this area has enabled the resources of both NRC and 00T to be applied toward assuring that radioactive mate, rials are transported safely. Good I working relationships have developed between the two agencies and lines of
) communication are well established at all levels. Within this framework, the activities of the agencies are' closely coordinated and each agency can concen-trate efforts upon the areas in which it has primary expertise.
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O O A-12 i .. Question 5b: What understanding are there between DOT and NRC regarding this division of jurisdiction?. Please provide any documents that bear on this matter. . The roles of the. NRC and the DOT in regulating the transportation of radioactive materials are' described in a memorandum of understanding (MOV) signed on June 8,1979. This memorandum superseded a 1973 agreement between the Atomic Energy Commission and DOT. (~T The purpose of the MOU is to. provide for developing and implementing consistent
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and comprehensive regulations and requirements for the safe transport of
. radioactive materials. This administrative agreement provides the flexibility needed to address problems and issues as they arise and assures that all aspects of transportation safety are covered, without duplication of effort.
Basically, the agreement specifies that carriers and packages for smaller amounts of radioactive material are to be regulated by DOT. Packages for larger amounts of radioactive material and transportation safeguards are to be regulated by the NRC. 9' 4 4 l l 1 l l
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A-13 Question Sc: What steps has NRC taken to address State concerns about the hazards of nuclear waste transportation? In response to State concerns, the NRC initiated the following actions: o Bulletin to all licensees o Amended NRC rules to permit NRC to inspect its licensees for compliance with DOT rules and take necessary enforcement actions o Increased inspections at sh'ipper and receiver sites o Modify enforcement criteria to increase penalties (g-w i o DOT /NRC jointly investigate ways to improve safety of LSA packages o Support from Society of Nuclear Medicine to improve medical waste packages o Support from Atomic Industrial Jorum to improve industrial waste
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packages o DOT /NRC work to better inform shippers of requirements 1 o Develop preliminary draft criteria for burial of low-level wastes l r - U) - , I [.
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i Away-from-Reactor Storage Question 6: l Is there a near-term need for away-from-reactor storage of
. commercial spent fuel?
Studies by the Department of Energy, the General Accounting Office and the Nuclear Regulatory Commission all show a near-term.need for spent fuel storage capacity in addition to that available in reactor basins. A table is attached
- which includes results from such studles. The first column has the DOE estimate
. , . which GA0 compared to their own results. This DOE estimate is referenced from
, page 8 of " Spent Fuel -Storage Requirements--The Need for Away-From-Reactor Storage (DOE /ET-0075)." Note that all estimates, DOE, GAO, and NRC, assume intra-utility transshipment of spent fuel from one reactor basin to that of another. Without such transshipment the estimate of need rises as is shown on th'e attached table abstracted from "The Final Generic. Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel (NUREG-0575)."
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O O A-15 l CUMULATIVE AWAY-FROM-REACTOR REQUIREMENTS NRCa , d, e a NRC High , c, d Reference Reactor Growth Reactor Growth DOE Estimatea ,b GA0 Estimatea ,b Rate Estimate Rate Estimate Year (MTHM) (MTHM) (MTHM) (MTHM) 1982 340 74 30 30 i 1983 560 152 70 190 1985 1180 318 450 700 O 1988 3860 1433 1400 2200 1, / a Assumes that utilities maintain a full core reserve and are not prevented from completing expansion and intrautility shipment plans.
.b,' Federal Facilities for Storing Spent Nuclear Fuel--Are They Needed?" (D-79-62)
June 27, 1979, p. 9. cFinal Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel (NUREG-0575) August 1979, Vol. 1, p. 3-23, and Vol. 2, p. 1-6. d High reactor growth rate: 280 GWe installed capacity in year 2000.
" Reference reactor growth rate 230 GWe installed capacity in year 2000.
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~ Fuel Usr9e Suenary Report'g Fv11 Ctre Reserve (HT Alt. 1
'. AFR Req.,
Cassulated lio Gigawatts - Annual Dischar9es Transshipment **>ischarging Year Dischar9es (3) - (2,4,5,6,9,10) (11) 1979 1420 1,420' '
-40 46 5 2,940 1980 1520 -140 48 1981 1640 4,580 -310 51 1982 1850 6,430 -520 58 1983 2090 8,530 --880 66 1936 2290 10,820 -1,500 73 1945 2430 13,260 -2,200 80 1945 -2640 15,910. 2,900 17 P
1987 2840 18,750 -3,800 94 1988 ' 3050- 21,800 -4,800 102
-1 989 - 3290 25,100 -5,900 110
-6,800 1990 3600 28,700~ 119 1991 3720 32,420 -8,000 125
^ 1992 3950 36,380 -9,200 134 1993 - 4200 40,580 -11,000 142 1994 4370 44,950 -12,000 1 51 c ~p 1995 4620 49,580 -15,000 160 i- V~ 1 995 1997 4840 5100 54,420 59,520
-17,000.
-19,000 168 4
177 j 4 1998 5460 64,980 -22,000 187 i 1999 5720 70,710 -25,000 195 I i 2000 5790 76,510 4 8,000 202 I
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1 ' Assumes a11 spent fuel storage space would be available to any reactor requiring it. 2 Ass m. es reactors requiring storage could use only th_at space available at that reactor or
, at i .s site. - "
l 3 toes n:t include s4700 tit)M.in storage, both AR and AFR, at end of December 1978. . . 4 ::cludes $4700 M7HM in storage at end of December 1978. ) i 5 4 ett<e *. $ers nean AFR storace reevived. Positive or no number means no AFR storage regs t rea.
$ For si:es with cult,iple reactors, spent fuel storage from installation of the second or additi:nal reactors is not made available until fuel loading date has occurred.
7Pumes all reactors.within a given utility systes can be used to store spent fuel frca MJ reactor within that same utility systect. 8 Includes only,these reactors presently operating, planned, or under construction. S.7.sf arence case. 10 thes est include the effect of, recent reactor basin storage cepacity expansion applications for the Ocozee Units 1 & 2 basin, for the Big Rock Point basin and for the Hatch 1 & 2 basins. (Sea isl . !!, LAppendix' F Table F.8, footnote b.)
- 11 ke et or.dir.s ' installed GWe are 230 in wear 2000.
Source: NUREG 0575 J
_ _ _ . ._ .. _ - - - _ ___ _ ___ _ . _ _. ~ . _ _ . _ _ _ _ _ _ _ . O O A-17 e I l Question 6a: i To what extent can utilities meet this need by expanding the ! capacity of existing on-site storage pools or by building new l pools? The DOE, GAO, and NRC estimates of additional spent fuel storage capacity needed, all assume the expansion of the capacity of existing reactor basins. New pools can be constructed either on reactor sites or on separate sites. [ The Final Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel (NVREG-0575) issued in August 1979 found l that storage of spent fuel in such independent spent fuel storage installations at reactor sites or at separate sites have an insignificant impact on the environment. l Under existing NRC regulations, the storage of spent fuel in such independent i spent fuel storage installations (ISFSI) is licensed pursuant to 10 CFR Part 70,
" Domestic Licensing of Special Nuclear Material." However, while 10 CFR Part 70 is adequate, it is a general rule not specific to interim storage of
- spent fuel.
A finding of both the Draft GEIS and the Final GEIS supported issuance of such a specific rule. A proposed rule, 10 CFR Part 72, " Storage of Spent Fuel in an Independent Spent Fuel Storage Installation (ISFSI)" was issued for comment !. in October 1978 [43 FR 46309] after issuance of the supporting Draft GEIS in
~ March 1978. Comment has been received and final issuance of proposed 10 CFR L
Part 72 is expected in early 1980. i l
A O V V A-18 Question 6b: What are the relative costs, benefits, and risks of expanded on site storage and away-from-reactor storage of spent fuel? In the recently published Final Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel -(NUREG-0575), August 1979, the NRC staff concluded that storage of light water reactor spent fuels in water pools has an insignificant impact on the environment whether at reactor or at'away-from-reactor sites. From an economic viewpoint, expansion of capacity at existing reactor basins is generally the least costly option, averaging about $5000 to $6000 per spent fuel assembly (1979 dollars). Estimates comparing costs of pool type independent spent fuel storage installations are not conclusive regarding centralized installations constructed on separate sites versus at reactor site installations where fuel is received from a number of separate nuclear power stations. However, in one study, referenced in _NUREG-0575, the Tennessee Valley Authority's (TVA) Division of Fuels estimated relative costs for three at-reactor site independent spent fuel storage install-ations (ISFSI) which would take only spent fuel generated on-site (eliminating O off-site treasportetion) compered witn e centreiized ISFsI operetino throuoh year 2000. Table 2 of the TVA study, " Spent Fuel Management Program Study Summary Option Paper," (enclosure 4) shows these costs. For the on-site case, the total cost through year 2000 is $131 million (1979 dollars); while for a centralized facility, a total cost of $111 million (1979 dollars) is shown. l l L
- O O A-19 Question 6c:
What are the advantages and disadvantages of away-from reactor storage of spent fuel at the Barnwell reprocessing plant in the context of the present policy that bars reprocessing of spent fuel? Since licensing of a commercial reprocessing facility is indefinitely deferred, any NRC review of the use of the Allied General Nuclear Services (AGNS) Barnwell Fuel Receiving and Storage Station would be restricted to consideration of spent fuel storage only. The obvious advantages of this facility are that it is centrally located with respect to commercial nuclear power reactors in the S utheastern United States and that it is already constructed. O No immediate disadvantages are apparent. This response should not be construed as NRC Commission or staff approval or disapproval for the licensing of spent fuel storage at Barnwell. The Department of Energy (D0E) has mentioned in Congressional testimony that the Barnwell facility is one which they could consider acquiring if Congressional authorization were received for their spent fuel policy. However, the Commission does not discriminate between public and private license , applicants, and the Commission has taken no position with "espect to n DOE assuming responsibility for interim spent fuel storage of commercial spent
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fuel. I' l-
n A { s V V l A-20 I l Question 6d- I 1 Should the federal government or the nuclear power industry assume primary responsibility for and bear the cost of an away-from reactor l storage program?
- The Commission is neutral on whether the federal government should assume responsibility for an away-from-reactor program. As Chairman Joseph M. Hendrie testified in his statement on June 27, 1979 before the Subcommittee on Energy and Power of the House Committee on Interstate and Foreign Commerce concerning the Administration's bill " Spent Nuclear Fuel Act of 1979" (H.R. 2586)
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"H.R. 2586 would also assign to the federal government responsibility for providing interin storage for spent fuel. The Commission has not taken a position on whether interim spent fuel storage facilities should be owned privately or by the federal government. The Commission believes that it can adequately analyze the health, safety and environ-mental impacts of such facilities whether they are constructed by the federal government or by private industry." ;
The Administration's policy, as expressed in the Bill, calls for full cost recovery from industry for any commercial spent fuel storage activities the federal government undertakes. O -
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+ O O A-21 i
Enclosures:
- 1. Federal Register Notice: 10 CFR Part 60, December 6, 1979.
' 2. Federal' Register Notice: Confidence Rulemaking, October 25, 1979. I
- 3. Federal Register Notice: Transportation of Radioactive Materials; Memorandum of Understanding, July 2, 1979.
- 4. Spent Fuel Management Program Study, prepared by Division of Fuels, j Tennessee Valley Authority, May 1979. '
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i1 HUCLEAR REGULATORY quality and ha policy nature related to the timingl CordMISSION ' needed to se1uantity cfin!cr=ation
*. ect a site fer a repository. and scope of the Commission's initial The Commission is withdrawing the review, opportunities for S!cte end 10 CFR Parts 2,19,20,21,30,40,51, 60, and 70 proposed General Statement of policy as public participation. and the respective being superseded by this action. NEpA responsibilities of the Authority and Rationale Commission and the Department of Disposal of High Level Radioactive Energy.
Wastes in Ge 3Ngle Repositories; Sections 202(3) and (4) of the Energy Proposed Licensing Procedures Comments about the initial review Reorganization Act ofi974, as amended, straddled the position set forth in the -l
'l provide the NRC with licensing and Policy Statement. Some commenters !
AGENCY: Nuclear Regulatory - regulatory authority regarding urged the Commission to schedule Commission. Department of Energy facilities used hearings early in the Department's site ! ACTION: Proposed rule. - primarily f r the receipt and storage 8of selection process: others reco= mended high level radioactive wastes resulting that hearings bt deferred until
SUMMARY
- This notice invites public from activities licensed under the construction has been completed and an l comment on a proposed rule for Atomic Energy Act and certain other application to receive waste is filed.The licensing the receipt and disposal of long. term. high. level waste storage Commission has undertaken a thorough h!sh. level radioactive wastes (HLW at facilities of the Department of Energy. review of the matter and now proposes g;ologic repositories. The proposed r )ule Pursuant to that authority, the sets forth requirements applicable to the a more extensive informalinvolvement Commission is developing procedures during early phases of site Department of Energy (Department) in and criteria appropriate for licensing submitting an application for a license characterization 8and a deferral of geologie disposal of Hl.W by the formalproceedings until site for such activities and specifies the Department. The requirement contained i
procedures which the Com=ission will characterization has been completed. in the instant prqposed rule that the The scope of the review procedures foUow in considering such an Department submit a site . would be expanded, as urged by several application.The proposed rule also sets characterization reportin advance of commenters, to include an assessment forth provisions for consultation and performirg exploration which may , of site characterization data for cultiple i include in situ testing at depth also hm Stateparticipatics governments. in the license review by implements Section 14(a) of the NRC sites. The reasons for the modiScatiens are explained in the text below. CATE: Comments must be received by Authorization Act of 1979 (Pub. L 95- The proposed rule also provides March 3,1980. 001).s detailed provisions to ensure extensive l ADDRESS: Written comments or Alternatives to rulemaldng that were opportunities for State and public. , j suggestions on the proposed rule should considered included the issuance of participation. We have not made , be sent to the Secretary of the Nuclear regulatory guides and NUREG reports, 8pecifle provision for fundmg of &; Regulatory Commission. Washington, which would be appliedin the context , intervenors, as requested by some ! D.C.P0555, Attention: Docketing-and of other, existing. parts of NRC commenters.This question may be Service Branch. Copies of comments { regulaticas. However, the considerable addressed separately in the context of
' may be examined in the U.S. Nuclear differences between a geologic . rulemahng applicable to various gl Regulatory Com=ission Public y repository and other licensed facilities, adjudicaton proceedin s. Provisions for S Do:ument Room.1717 H Street. NW., particularly in view of the significance State participataan wo d be teviewed Washington, D.C. of a repository with respect to the health in the light of any pertinent statutory j
FOR FURTHER INFORMATION CONTACT:1. and safety of future generaticns, make it Ch ges that m y be enacted. g C. Roberts. Assistant Director for Siting desirable to develop rules tailored te att onot specincally to geologic disposal of HLW.yaexpg'jfCPjs j Standards 05ce of Standards , ess e 6 i si gton, D 0555 o pr e th mi en th ! 'd A C ~5one (301) 413-5985' telep broadest opportunity to receive and the Department s generic environmental impact statement on the management of j consider the views of the public. ;- a QSUPPLEM ENTARY INFORMATION' commercially generated radioactive !, Background . Comments
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wastes.The possibility of adopting the Comments on the Policy Statement Department's statement may be f i ; Re 7o ss o Eubl ed for touched upon many issues. Some of thei ~ considered by the Com=Ission, as l com:nent a proposed General Statement comments dealt with details cf suggested in comments, at an of pclicy outlining procedures for implementation that are beb8 .- appropriate time, licensing geologic high. lev'el radioactive sse th s time in wastes (HW1.) repositories to be d *" . ' Nota Site duneterinten means de prog u 2 cc*.structed and operated by the of erplers$on and nocarc.h. bet in the laborate y l
*The concission interprets ste as iaed in ' and in the fidd. undertaken to utabish the geolosic DCr'-" 8Ut of EneIEY' At the same time' a d!&ft ru) to implement the policy was the Energy Reorganization Act to include 6sposal.
con 6 eons and the ranges of these panmeters cf a particular site nlevant to the procedures under cis
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sse,tions.ca3,o es o fo.aow ,.xn,pemon. ,ut. siie chancie,iotion inci,du 3o,tn, citedated to State governments for agency, or ether entity proposing to develop a
,u,f,,e excavations. excavation of exploratory shafts.
IcVicw. Comments on the Policy stonge or disposal facWty.1:ch6:3 a tut deposal D facuuy for sh4p n6oacbve wutu on4igh. timited subsurface lateral excavations and boricto atement were received from thirty - and in sRu testing rieeded to delerche the g ce;s andindividuals. Fourteen States leval ra6oactive wastes incJu6:3 transcranium suitability of the site for a geolore reposito y. but conta=enated waste,. or irracated muc:eu reactor does not include pnliminuy bonnss and c :: .mented on the draft rule.The rule fuel, shall notuy the cecunf uien u ear!r as teorbysical testina needed to decide wheser site _ j U.Et is presently being proposed reflects pouible abr the commence =ct cf plad4 for a chuacteritation should be undertaken.ne icient e ch---*
"4 in our e Arlier views' 5!!mulated particular proposed facility.De Cc=.=2:sica shall cf percJttbg these actvitau la to allow the umely in turn notdy the Governor and t. e S ta te lerslarare gathering ofinformation raceded both to l in pt.rt by those CCmments 8'nd by a of the State of proposed sites whene er the
!;-;*:What different appreClation of the characterize a site and for a c:eaningful comparis:n Ccusinica hu knowledge cf uri pre;oul. ofabroativet Enclosure 1
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a e;acce Frem ths Genere! Statement licensknecishn are rersons that the situation inTe case of geologic Folk y .. Commission regards some provision for repositories is different in each of these
. e p c:edures de!!:eatedin the
. preapplication review to be appropriate. respects. With a geolegic repos!!cty.
c;csed..de depart from those set Further early guidance on development reconnaissance level data alone will not
=b e preposed General Statement and consideration of alternative sites support a presumption that a site is F...y three ways.These will help to avoid later delay caused by suitable with respect to safety for a r;trtures all bear on the initial stages inadequate discussion of altematives as repository. Hence, any decisien on ce l! censing process. First. It is required by NEPA. - altemative site issues at th!s early point etrly stated that review of the In addition to providing for the early is likely to require reexamination at the e; art =t:t's plans for site
- review of the Department's site construction authorization proceedings ractarization as well as the site characterization and site selection and therefore, wedd be of questicnable e:tf en =ethods and criteria to be programs, the submittal of a site value.
ed by the De; art =ent is required in characterization report assures an early However, other Sndings codd be opportunity for other Federal and State made:the adequacy and vance c! site characterination and agencies and the public to become appropriateness of the Depart =ent's site at the D:recter of NMSS willissue an
- h:en en the basis of that review. involved in the decision making process characterization program, including the e:end, the review does not presume with respect to those programs. The - development of a slate of attematives, at the Depart =ent has selected a opportunity for involvement is provided can be reviewed in a licensing action through publication of the Department's p:s! tory site, but only that it has which would allow the Department to site characterization report and the proceed with that program. But. rd e:tified a nn=ber cisites in . .
- priate media to undergo site
- Commission staff assessment of same considering the preliminary nature of
- and by means of meetings between the -
;aracterintier The third departure the geologic and hydrologic data
- s tha pclicy Statement is the Cocunission stafI and State officials, available. the fact that the Director's d.inntionof theprovisional r residents of the areas near the sites to review of these items as described
,nstructica author =at:en and. be characterized and otherinterested earlier will include the beneSt of public persons. Furthermore, where other comment, and the relatively
- pansion of the concept of site ara tien.These changes are Federal agencies have decisionmaking insignificant environmentalimpact of
=g authority regarding the Department's - site characterization, the Commission sed to refle:t our current p sciatics of the quality and quantity preposed action,it is expected that they ' has concluded that the considerable i:'or= stion needed to bring the will consider the recommendations of time and effort on the part of the the Director in carrying out their Commission, the Department, and the
- e: sing proceecng to an appropriate responsibility.
- !usion. The change is also intended to public demanded by formal proceedings would not be justised.*
te Charactzri:Ation Review Tie prodsion!cr early review of the f {s{t o$ta e and to Provision for Characterining Se veral that the notice from the Department will. Sites epsrtment's site characterization plans in fact. Initiate a meaningful, substantive The revised procedures per=1t the
!! provice an cpportunity for the review. Although the Commhsion Department to include exploration and re: tor te point out those aspects of a a: ion w fchin the judgment of the cannot direct the Department to ccmply in situ testing at depth as pari ofits site aff requi e spedal attention or present during with the provisicus forinvolvingit characterization activities. We edal prebirms, and to indicate the site characterization . . anticipate that it will be necessary for activities, any failure to do so is likely to the Department to explore at depth more -ti:u!ar i:e=s cf infor:ha tion needed resdt in i= prudent expenditures and
- the Cc- '<sien to make licensing than one site at d!!ferent locations and
- is:cas wie respect to the sites being subsequent delays, and ultimately could in different geologic media. This position
- .s.'de ed. Moreover, the Director will result in the denial of the application for follows from consideration of both the the proposed site.
a:!e to consider the =ethods and long. term performance required of and In sum, the Commission believes that c:. of exploratica contemplated. the required submission of a site the technical uncertainties involved in
- ese . de Depart =ent.The geologie disposal of HLW. and the need characterization report and subsequent p:rtunity to review those methods for the Commission to dischargeits public review will achieve early d;rcced:res is valuable becauseif Commission. State and public NEPA responsibilities with respect to e prcetu cf chzracte:i=ing a site to . involvement without cadue schedule - evaluation of altematives.
tain in!::=a!an necessary to . Itis expected that each site selected delays. - ' ar=ine if n site Is suitable for a . Considerati n has been given'to for site characterization and testing will ~-
- site yis n t carefdl done,it may . prodding for formal hearings prior to potentially satisfy the technical criteria
- de the site n: usable for a repository. site characterizatics, with the objective in 10 CFR 60,i.e., no obviou.s denciency r exa.=p'e, an excessive number cf of resolving alternative site issues.Early willbe evident when the site is assessed a he:u cr i=;-eper excavation of an Site Review (ESR) regulations (to CFR in ter=s of NRC's preli=inary site '
p::m.o phci: cr drift could make the Part 2 Subpart F) certainly provide a -
- site y uns et!able. Presumably, this .n, p,3,3pg imp,,i of ete charactertuen at a precedent ior this appronch. However, typical et, ca d an.sted a m.a pect e e.
na _- f::p:n'h'.e explcration ' this is a reasonable approach for spous fra cu v.t:en eran ex;toratory e. aft ne Md A-a tis cne reascs that scme reactors only because of the spons a be in 6e ce:We-hwd of no cd
- h. r-Jc:s e.k the Policy Statement J:5.*.: d t. E d.s lep review proCe$s considerable experier.ce we have had @ji'A'N,*$$$Y?]l[i,$je'$t g
With siting such faciljties the knoW! edge M cf 6st t m numon cf a r.ab dah fer a 'I..Ef.f *e C:Omence*3ent of site we have of typICallight water reactor npository edlus de eM d de spMs 1c= to'Al
- ^ - '4#Ec ter and the designs 2nd characteristic Impacts. and ucaMm he abuen of feml Cw_Wuicn
$5:j*Euati ! .g whether the Q",jM'".jsM, cat,dM/ the extent to which engineered features " m - .c:(s :r:: t= will generate can be relied upon to acco=modate .31, ,,ea i=p eu ,, ec ==jer i :u:i'e h r5;;crt a Co= mission deficiencies in tite characteristics.The acecru web it prepesu to udertAc. Enclosure 1 .,
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@dek NRC '.'ein examine the therec7 reduce the string:ncy cf the unaccept2Te on the basis of careful' pp t-:nents sit 2 se'.ection proce'ss with subsIquent s fety reviews. cximination of surface reconnaiss nce I ss in n! . Support for our revised position is datn. However, this situation is unlikely W,:;w wa,d.
. End bde be resected theresults Director'sof this not only by comments bolstered for two reasons.First, the process of site ni: en.T'nus, application of the reccirca on the policy Statement but characterization is also a process of site I also by many in the earth science elimination There is no point to l gn.chal c-ituia wi3 guide the si;:.-:=:nt 1:we.rd a slate of candidate community with whom we have proceeding with exploration and testing l Ms it,t t.re among the best that discussed this matter. including at depth if the surface reconnaissance l Nas:nto!y can be f:und.Under this members of the U.S. Geological Survey data reveal an insuperable defect. l s;; :rd, the selecten of a proposed staff.These experts agree that Second, under the procedures W.e f c= a.=::g de alternatives would exploration and testing at depth should contemplated by the proposed rule, the Q: c:fe ed t=til site characterization of be performed if sufficient data are to be . Department will sugment the site te sitta cf candidate sites is at least obtained to determine whether the .- characterization report with semiannual g.bs'.a: Sally enmpleta. surrounding geology will retard waste reports to the Director, Office of Nuclear ,
it en be noted that the procedure migration and to make meaningful Material Safety and Safeguards.These ! ha-e iscensistent wii the comparisons among alternatives. reports along with any comment by the-re:- andaten of the Interagency Further, the importance of explorat!'on at Director wiD be made public. If review Revbw Group on NcclearWaste depth has been cited by both the IRG of a report reveals such a defect, the j P.aca;cn;nt which calls for report (Appendix A) and the recent Director wiD pub!1cly inform the . ' I si=n.!ttneous investigation of several . National Academy of Sciences report, Department of the problero and,if . ,
l=plementation of Long. term warranted, could caution the . . . - i plental sites.' .j[.i' '
Environmental Radiation Standartis: Department from proceeding fuither Ce Chtracten.tation and Authon.zation The Issue of Verification" (Co==ittee with the site.Moreover,in the context of 0 d I' " I* CIIC2 ~. on Radioactive Waste Management, overall project costs for a repository, the Unde tha proposed Policy Statement. 1979). .. . incremental site characterization costs . [ i. The investigations which the policy are smaD indeed. Again,it is dif5 cult to f. . c.jy s=fac2 exploration ecmbined with
- =I 't be:ings would be permitted Statement would have aDowed prior to generalize since different roedia and ,$
;-ic:de CMssion's initial ccnstruction authorization were li=ited sites wiU present a variety of factual Ib situations. In our analysis. however, we ":
l':e=s! g dIcision-either a construction to surface geophysical techniques such cSeiatien or a provisional as aeromagnetic and gravity surveys have deter =ined that total site } and seismic traverses augmented by a characterization expenses for a generic W .: .:
=nstre-tion authosation.This bypothetical site could be expected to
; oc d: e was intended to allow the few borings and wellloga. Insofar as C:-+sion to co=plete a safety and subsurface geology and hydrology are amount to about 20 milBon. F evirc=sental review before the concerned suchinvestigation wculd We do
~
not min!=he the amount of i' Deper: est undertook a mafor provide substantialinformation public funds that we have identified as a !~ m---4=ent cf rese:rces (=eney and . regarding the stratigraphy and reasonable eslimate ofincremental site -t
=anpewer). hydrogeology of the site.While this characterizat'on costs or the increasing s-..
iG information is obviously relevant and urgency for disposing of the wastes We :w pct:eive two g ounds for which may acco=pany any delay in c.z:2:ing c:t previous thinking.First, extremely impcrtant in evaluating a site, . the data needed to establish the ultimate liceneing action.These factors should be !. de eutity of the data that will be suitability of the site is likely to be examined, howe.ver, in the light of the j
.r.I!ai.e bef: e ce=pletion of site requirement discussed above that da mri:ati:n as currently envisioned obtained only through exploration and p in situ testing at depth,i.e.,in the multiple sites must be characterized. . ;i ir u '.s s:y to provide a satisfactery The effect of this change is to decrease.
- ds f:r arriv'ng at the technical proposed host rock unit.This 4; ti;=nts ref.ectedin the standards for exploration and testing are needed not in a highly signi5 cant way, the level of J
- q >: tics authosation and orJy to determine whether serious but commitment of the Department or the 1
-c. aal crnstruction authorination not readily observed defects are present, Commissien to e.ny particular site. Also, '
i but also to determine specific preperties the delay will help to essure that the st! 'di centtined in the Policy Commission avcids making any Ex.e= ent. Snond. further study such as homogeneity, porosity, the extent of fracturing and jointing, and improvident, premature co==itment to k, sr- a particular site by Inaking a licensing 3 bs:n.:z de , us that the cc==Jtment
. =s invdved is not so great'nor of thermalresponse of the rockincluding decision before it has the necessary ,g
. de env. en. sniali= pacts so large as to expansien, fluid migratio: rand technical data that would permit it to decrepitation. Of course, the kinds of F
- sad A "--":sien to exercise its defects-fractures, breccia pipes, etc.- make a ce==it=ent with confidence. F N-v- -
a[#---ity b advance of site'dT-2-i EIwiU Ourvaryrevised from oneposition kind of medium to Further, this approach could provide a another, and from site to site, as will the ready alternative fer censideration.in
- e ::re chsely resembles an the event that the Department's preperties which are key to isolation cf
;; crd. ;nn .tedin ce=ments the wastes. But the important point is proposed site is found unsuitable.
.b=ined by 0.e Ns.tural Resources As discussed carlier,it would be ifc a Cc .;:.r!!. a=eng others, that that,without exploration and in situ testmg in the proposed host rock unit, possible fer the Commissien to structure isk =snt c!n=e specific safety neither the defects not the key its pr'oceedings so as to provide for
^ -e - y b deri able in crder to -
parameters can be determined with formal hearings on li=!ted issues at an . m:d'ddr$s~ based en hadequate cenfidence. lt might be argued that early stage in the process.The hearing . 'a~se r- ~ - :.n d
- - m analyses so long as the deferring the initial licensing decisien to process has clear adve.nteges as a a later stage in some cases couldlead to toechanism for fact. finding. But it can be Z__: .T. .'.' ~. ~.~.T. 'L} inve s t= ents and
, . .-. e nts o not the expenditure of some resources and an inefficient and cumbersome means the waste of time pursuing projects that for arriving at decisiens. Moreover,
.- "ye:.:y Eer:ew Cron en might otherwise have been found to be since several sites are to be t
. .i: dmi . .R ucer. .w-es s.
Enclosure 1 .
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( herapterized.heatings would n:t be so 1.inct=mng of a geologic reposite.y under NEP'Ter site characterh:Uon ell focuse.d as they weald be after a would be a major Federal action which i activities proposed for a particular site.
' Se s!!e had been identifled in a requires the preparation of cn Once site characterization is initiated.
- ense application. environmentalimpact statement by the the Department should inform the '
We are sat!sfied that the opportunities Commission. While development cf Director by semiannual report of the
- public participation and the disposal technologies and methods is a pregress of the site characterization imm!ssien's s ta!! review that have programmatic activity for which the activities and schedules.The .
een 6:!cded in the proposed rule will department must assume responsibility, Commission staff should be permitted to r: vide an acceptable avenue for . issues related to alternative visit the site and to observe excavatien.
- hieving early identification of relevant technologies will be considered by the boring and testbg activities. The traes and concerns.The proposed rde Commission in the context oflater Director may respond frorn time to time
- te= plates an opportunity for formal decisions. in writing to the Department to express
- mmissica proceedings before -
his current Mews en questions raised in enst uction, before receipt of Procedures the semiannual reports or site visits. Edicactive waste, and before and after The Commission willparticipate in Inasmuch as the site characterization t:cm=issioning. Each of these decision four stages in the review of the - activities codd have an adverse impact
- ints may involve issues of great . Department activities involving high- upon site safety,i.e., could affect the
#ifictace to the health and safety of level waste disposal at a particular site's ability to contain the waste, failure
- s public. Questions arising during site geologic repository. Although essentially by the Department to involve the NRC in haracteri:: tion can be resolved less the same features are addressed with the manner described here and to
- mally. in our judgment, without each stage there is a progressive implement the recemmendations of the t:pardizing public health and safety. Increase in knowledge regarding these Director could resdt in denial cf the Sreover, the indepeudent NEPA fearures and a corresponding increase in subsequent license applica tion. These i'igsticas of the Department provide confidence in a decision whether Hl.W procedures will be followed for each of "
dditional structured cpportunilles for can be disposed of at a repository at the the number of sites in appropriate valuation of environmentalissues. site. geologic media which the Department copi posed Rule In the first stage when the Depetment intends to characterize, prior to its has formulated plans for a prospective selecting a proposed site. We believe The f osed rule addresses only the repository to the extent that it wishes to
- nsing of geologic disposal of Hl.W. that these procedures will provide begin site characterization, it will be adequate regulatory participatien so 2:ernative methods of disposal are not required to submit a site '
ddressed chieDy because information that a site will not be made unusable by characterization report which contains, characterization, and at the same time
- m the department indicates that among other things, the program p!an by will assure that the data needed to e:lesic disposalis the only technology which the Department willinvestigate enable a co=parisen of altematives and hly to be the subje:t of a license and characterize sites. The report will
;;1ication in the foreseeable future.,, a reasoned choice in the selection of a address the process by which the media site is gathered.
- =e medods are still developing and site (s).were chosen for a:hnologies, e.g., transmutation. For The second stage begins with the characterization and the Department's submission by the Department of an de-s it is not c! ear what the program for further development of application fer cons'
;:*ssien's licensing authority would alternatives.* The report also will authorization at a ticular paluction
- e. For ext =p!e technical feasibility site from contain a description of the media and among those characterized.' We do not sees aside, sea bed e= placement er site (s) to be characterized and the site isposalin Antarcticice' sheets would anticipate that action will be taken on characterization program. The repcrt an applicatien until the site quire international arrangements will be reviewed by the NRC staff with volving hgislative action. In general, opportunity for public comment on both charaterizatien efferts at several sites a Cc==issica does have licensing are substantially c:=plete.
the report and a staff analysis of t:e Subsequent to staff resiew and yicrjttov'er surface storage and report. Also,it is anticipated that the
.sper 1:ilities within the United Co= mission will ho)d local public . . preparation cf an EnvironmentalImpact
- atesWwever, surface 6sposalis not meetings in the immediate area of the Statement. lt is anticipated that a *
- !cjpa:ei and surface storage.perse, licensing board will be appoi;:ted and site (s).to be characterized.These the license application will undergo the cu!: ce covered under other parts of m,eetings will be held both t
- s cc==:srion's regulat2ons, disseminate information and to obtain first formal rev.'ew, including public
~he ;r:pered rde conta!ns only the public input whjch will be factored into hearings. If the Cc==!ssion finds after
- ecural requirements forlicensing. the final version of the staff analysts. considering reas onable alternatives that te techni:a! criteria against which the included in the final analysis will be a the benefits cf tie proposal exceed the
- r .s e a;-licc*.:n will be reviewee are statement by the Director expressi g hJs costs under NEPA and that there is
- unctr cevejep=ent. However, the opinion en the site, the site report and reasonable assur.ince that the t>1es and
- e c!:. e te::.nical criteria is the Department s site selection an.' amounts of wastes described in th'e ,
q[.ded ar be! g sufficiently developed ' characterization regram.The app 1ication can be received, possessed,
- de:g. ine-r.n apprepriate licensing Department shou d consider the s!!e 'P
- a:ure fer their !=plementation. Uu,s characterization analyses before propos t th s te thou ab::s de Cc .m!ssion to propose a publishing a final environmental 1 pact
- a:u-d rde even though the statement. where such may be required
,3 ,g,,, g ,,4.,7,1, g gm ecme,an ,n.wp,i,, ,uc3 ch,,,ei,711,13,n ,, ,
th..hd cridrin are still under review. mirJmum of three sites re; resenting a minimum of
. a in!!;ef: cf ;:::eeding with 'Not 4Js we tr.c!ude the identificalic: and two reeleric meta. He= e .er. in tsht cf the C.i- "I'.! cf th'c necessary TegulatoTV locaticn of cier me6a and sites which the sisnir. car.ce cf the decis;en selectir.g a site for a t- e' ' ', ;^": f, r'{.5!o.6, tp.ese }icensjng*
De; ament considers alternatives.to the she being reposite y. the Cc: .: .iss.cr fudy expects the put forth for site characterization and for wEch the Depanment to s.b:-Jt a w: der re .ge cf alternaines f a =!!. OCrScie, aIe be!Bg Department intends to submit subsequer.t she than the mir.imum sq;ested here. l :(d 2*t'.is!!=3, characteriaation reperts. 1 Enclosure 1
l := ease:ab*.e Msk to the health cnd P:rticipatirn Imp g Stat P;rticipation in the' i I r. day cf de ;-!:lic orbeing inimical to Sitin . censing and Development of j
. e submittalof a site it c:d::n dtfense and security. char 2cterization report by the Federal Nuclear Waste Facilities, l mns t..:-t:: cf the repository will be j Department not only begins the MEG-45%. March 16e extent d a:i:-i:a d. Co* . mission's hvelvement in the State participation maybe effected by j l
htge Gree is a furier review of the plmHg and development of a geologic E "" i t;;_' cat:: pd:t to receipt of wastes at repository, but also marks the beginning s d p t. ia re;:.:n: y.The Co==lssionwill of State participation in the licensing Other Reviews br:e a t:e .se to the Department if it process. States may submit proposals , ...
^ d.s, er::g cier ihss, that the* for participation in the review cf the Site In addition to reviewing applications I l from the Department and materials hent::a cf de lice:se will not Charactenzation Report and any .
submitted 6 supped d those
- l c: .stitza e n c= reasonable risk to the subsequent license appilcation from the O Department. In addition, at that time applications, the Commission's staff will hsali a:d sal-ty of the public.The '
P . f-En;5 weuld be based upon a review Commission staff wm be made avadable follow closely the unfolding of the 'J 'I to discuss with representat:,yes of boi Department's overall progam for the i cf an episte cf the application s.h=ftted for construction authorization State and local governments infomation disposal of radioactive wastes.The ! submitted by the Depart =ent. Director wdD comment from time to time E a .d an c; dated emironmental report if on all matters pedinent and appropriate 1-
~. > ed States may request to panic.pate e.
to the Nuclear Regulstory Cornmission'i n
.a r. edew Ame:g areite=s aaditional considered several ways. States could ass,st to.be data t the role as thelicensing agency.The - f:
F I a=;uired d=ing constructien- Commission in the review of specific portions of license applications. State 8 Director also will provide the ii c :fer=cce cf const uction with could perfonn other technical assistance p5 c:d;=. t:d resoluties of questions not Debartment te calmatterswith specific relevantguidance tolicensing on '- b 'I work for the Commission, particularly in requirements. a:.rwe ed duri.g the construction the area of environmental studies and E art catiesreview.11is expected that the like. Stctes might perfom Two areas to which the Commission h ail:Sca: cry hearings wedd be held to staff intends to pay particular attention' he c:nsid:: app epriateissues.(AD emironmental and radiation monitori:S are the Department's site screening
, for the Commission throughout the p.,,,cedure and its waste form research h s wcu!d be c:nducted in operational period and perhaps after a c:e wie subput G cf10 CFR and develepment program. Both Ge closure as well. States coud also screening of sites for site ye _) participate through employment or characte&ation and selection of a 02:e dl ee wastes have been exchange of State and Federal personnel waste ic=n are programmatic decisions e=placed. the Deper:=ent may submit under the Intergovemmental Persen=el i within the prerogatives of the a:apphatics to deco-Mssinn the Act. In addition. States could participate Department as the agency charged with !
r- este y e.:d the fina.1 review cf in hearings on alicense application the responsibilities to dispose of the bsite e aetidties will begin.. under the applicable provisions of the wastes. Howewr, it is 1=portant to the d"- 'l geclogic a and hydrologic data rules of practice.The Commission Commission's ability to discharge its
's-"' ed du-ing the e= placement period -intends to develop further guldence to licensing responsibilities that the course tsU ts de resu.lts of test and assist the States in planning for such which the Department follows to select
- eeg=ents c:backfilling and staft participation. sites is syste= etic, weD. reasoned'
.r Besides review of site L se:fi=;. t.c .; with the Department.s publicly eccessible, and ultimately will i characterization reports, license
,':nned dec:==!srie ing pregam w.ll
. i result in a slate of characterized sites h applications, and ongoing work in whose members are ameng the best that
- y censacre d by the Cor:missien in cc.:-- ' : g whether the planned support of thelicense applicatien. States reasonably can be found. Moreover. f 2 =
J! might also be involved by the
=ri:d hr de::--hsioning is Department (in response to the because selection of a waste form adequata. Fc'.hwf g dece=missiening. commits s!gnificant resources to the -
regulations for implementation of SEPA develop =ent a:d production of that D ? e7 seik t: a=end=ent to or otherwise)in the site selectica E ter( lite de hense.The Commission waste form. as well as influences process itself.The requirement that the r epository design, the Commission
=s, 34._ina:e Ge license ifit finds that Department must describe in its site de enc "spesitics cf wastes is in believes that the Department's research characterization report how States were and development program must address e :f = e vii the Departme:t's
- involved in the site selection process and compare altemative waste forms.
~ -- :1-Os Enal state of the reflects the Commission's expectatien rrpsitr c :".e is in conformance with The Commission also must be familiar that the Department willinvolve State with the Department's weste form - ~~
de cu==.w.s of de license, and that and local governments in its site research and development program so W-b.r . :! de lice:se is authorized selection programs.The Co==ission the results of the program can be
-. n . . . s . ~,= c Energy Act.
believes that many issues, including the factored into the licensing process. . j_.:. n.e. Q . de Department may NEpA questions related to alte=atives
, The Co:r ussion has decided not to and alternative sites. will be =cre easdy prepare an EnvironmentalImpact C - cdI2-3 cc: duct such I "-i.to h.: t 'ir.e:see of the resolved if State concerns are identified Statement for theinle here proposed. An -
and addressed at the earliest pessible U~2
~" 4 Zexercise
"""# ~ght " such control at time.In any case, these procedures have forth the basis for this Appraisal be apptcpriate.
Enviren=entalImpact decision is setting been designed to allow affected States a"allable for public inspection in the r- w c ~ .. to participate to the fullest extent Ccmmission's Public Document Room,
.-J.L re_M.e- reon ce beena toe : =en6:t possible to cat within the limits of the h:;.
wc . e ne cew ee Deparet to Pursuant to the Atomic Ene gy Act of - Co==!ssion's authority and the State's 1954, as e= ended.The Energy , ::- u - -:. . ces i peru cf the trWic Y own desires and capabilities. Recrganization Act of1974, as amended. ' M.* ' ; . 9'.jf.'((,h~'Jff. 'N*E,i The Commissien recently submitted to and sectica 553 of title 5 of the United the Congress a report on "Means fer States Ccde, notice is hereby given that l Z .' ~1: .: r.ll..n ) r Enclosure 1 m
Fsderal Register / Vol. 44. No. 236 / Thursday, Decernber 6.1979 / Deposed Rules 0423
? **. Of a new 10 CI'd Part 60 and requited to (i) Submit to the Director cf { 2.103 Tction cn tpplic-:ticns for c.e fc(..rwing ec .for=ation cmendments Nuclear Material Safety and Safeguards byptrduct, sturce, spscal nue: ear matzrtat.
310 CFR Parts 2.19,20,21,30. 40,51 such additional copies as the regdations and operators
- IIcenses.
Md 70 !s cc:nte= plated.' Allinterested in Parts 60 and 51 require. (ii) serve a (a)lf the Director of Nuclear Recctor .' perstr.s who desire to submit written copy on the chief executive of the Regulation or the Director of Nuclear 3:==tnis er sug.gestiens for municipality in which the geologic Material Safety and Safeguards, as - pns!ctrat!cn in conjunction with the repository operations area is to be appropriate, finds that an e plication for a byproduct, source, specir.[nuclest a;;;; . 3 reges ed amend =e:ts should send them located or,if the geologic repository material cr operator license complies 4 t..e Secrett.y cf the Commission,U.S. operations areais not to be located _
~~~
uelear Regdato.y Ccmmission. within a municipality, on the chief with the requirements of the Act.the m f.Vashi.; ten.D.C. 20555. Attention: executive of the county, and (iiij make Energy Reorgani:ation Act. and this socke'.ing and Service Branch byMarch the direct distribution of additienal chapter he willissue alicense.lf the license is for a facility er for receipt of .:: . S IEM; cepies to Federal. State, and local Cc;;es of c:=ments received on officials in ac'cordance with the waste radioactive material from other :.2. Brepcsed c=endment may be examined requirements of this chapter and written persons for the purpose of commercial b the CcWssion's Public Document disposal by the waste disposallicensee, .;" instructions from the Director of Nuclear .or if it is to receive and possess high- .. lbe= at1717 H Street NW., Material Safety and Safeguards. All ;
. . , ashi:gton, D.C. level radioactive waste at a geologic such co les shallbe completely DART 2-RULES OF PRACTICE "s)g 3
e o en s. ed by y oft s . r, the r et of { Nuclear Reactor Regulatioh or the 3 1.10 CFR 2.101 is a= ended to add a distributed amendments, however, may Director of Nuclear Material Safety and m:H $ew parag aph (f) to read as follows: include revised pages to previous Safeguards, as appropriate. will inform ~* submitta1s and. in su6 tases, ge the State and local officials speciSed in .::::: @ 2.101 Filing of application. ,
,. recipients willbe responsible for y . . ..
i 2.104(e) of the issuance of the license. inserting the revised pages. .. . . l '{ ach application for a license to . 3.10 CFR 2.104(e)is revised to read as r Ec nd possess high. level (5)The tendered document will be tonow.u formally docketed upon receipt by the ' In' Indica ve waste at a geologic i 2.104 Notice of hearing. Director of Nuclear Material Safety and , ?tppsi* cry operatic:s area pursuant to * * * *
- Iart M of this chapter and any Safeguards of the required additicnal ,
copies. Distribution of the additienal (e)The Secretuy will give timely l bmte:mentalrepcrt required in notice of the hearing ic all parties and to -l !cenne:tien therewith pursuant to part 51 copies shall be deemed to be co=plete 7 as of the time the copies are deposited other persens. If any, entitled by law to ici this chapter shallbe processed in notice. The Se cretary will transmit a laccordance with the provisions of this in the mail or with a carrier prepaid fo: delivery to the designated addressees. notice of hearing on an applicatics for a
;parar 3ph. facility license or for a license for ... q The date of decketing shall be the date
(#To allow a determination as to when the required copies are received receipt of waste radioactive material lwhe0 the e p!!catica er from other persons for the purpose of lemtumentaIreport is complete and by the Director of Nuclear Material Safety and Safeguards. Within ten (10) commercial disposalby the waste i t:ceptable for docketing. It will be disposallicensee or for a license to lin!:'ary treated as a tendered document, days after docketing. the applicant shall submit to the Director of Nuclear receive and possess high level l a.nd a ::py will be available for public radioactive waste at a geologic j hs;e:-ics in the Cc._=!sisen's Public Material Safety and Safeguards a Occument Reo=. 7wenty copies shall be written statement that distribution of the repository operations area pursuant to additional copies to Federal. State, and Part 60 of this chapter to the Govemor :.r te d :: enab!e this determination to be or other apptcpriate c5cial of the State i made. Ibcal officials has been completed in , accordance with requirements of this' and to the chief executive of the : i (r'e D!:ecter o! Nuclear Material municipality in which the facility is to i: l SafLjd Stfeguards determines that chapter and written instructions furnished to the applicant by the be located or the activity is to be L: l de tudered document is complete and conducted or,if the facility is not to be i ! a::e; tale fer docketing,a docket Director of Nuclear Material Safety and located or the actiylty conducted within < !:.u=he: will be assigned and the Safeguards. a municipality, to tne chief executive of l ap;'icant wiu be netiSed of the (6) Amendments to the application the county. - t i dete:mba'icn. lf it is determined that all and emtonmental report shall be filed 4. 20 CFR 2.105(a)is ame:ded by , l c; any part cf the tendered document is and distributed and a written stateme:t renumbering existing subpangra;hs (3) l Sc:=;'.ete t.nd therefere not acceptable shall be furnished to the Directe: of Nuclear Material Safety and Safeguards and B) as B) and (5)g ad_g a new
!:: ; .es sing. the appl!: ant will be subparagraph and rev:stng the 5f: ted cf11s dete:=! nation and the in the same manner as for the hitial es;c:S 5 wi!:h the docu=edt is application and emtonmental report. 'Op["agra%
"g unu& red as H) to read d'I d C*- [7] The Director of Nuclear Material .
, 4)
( *.',"; respe:t to any tendered Safety and Safeguards will cause to be' $ 2.105 Notice of proposed eetion.
- .;mtr.1 that is ac
- eptable for published in the FederalRegiste:a (a)1f a hearing is not required by the
- c m ts;. the apph: ant will be notice of docketing which identiSes the Act or this chapter, r.nd if the State andlocation at which the Commission has not fond that a hearing is in the public interest, it will.
. MNr$((c$NEn'eM 5::C.1 sa:med ea: r.'ee sw.::n to the en
,, proposed area wouldgeologic be located repository and willgive operatio:s prior to acting thereen, cause to be
. .m ; ::ned d have been issued in r.nal fem notice of docketing to'the governor of published in the Federal Register a
- & _ a.nm e esi.=ents have bee: acted that State. notice of proposed action wi$ respect 2.10 CTR 2.103(a)is revised to read as to an application for:
'I lle s . N[ ~- "-I -~ el.e ; ese:'.'y bei. .g proposed. follows.
l e. l f Enclosure 1
- 3) AC ense to recalve end possess (s)(Od adding a new subparagraph I 5't.5 s requring preparation af '
;h43vs! radicactive weste et c (e)(59/ read cs folhws: . cnviron !!mpact statements, negative L:kpic:efositcry cperations area MaraWns, enem.ntallmpact
- sum.nt to Part 60 of this chapte:. I20.408 Rep rts cf perstnnel'msrdtoring appraisals; seti:ns e: cluded.
on termination of employmerr or wort
'4) An untudment cf a license (a) An emironmentalimpact statement will be prepared and hs:!.Eed iis st: ticsinand parapaph which involves (a) (1). (2).
a or (3) .(5) Poss' esses high. level ra dioactive circulatedprior to taking any of the
-* Ent ha.nr. ds censideration: or waste at a geologic repository following types 6f a:tions: '
..=
- 5) Any otherlicense * * * * * *
- cperations area pursuant to Part 60 of **
1.10 CFR 2.1".5(e)is amended by this chapter. (10)lssuance of an authorization for a !" t;! acing tha wcrds 'V.111ssue the . goelogiesepository operations area
- anst" with the words "may take the PART 21-REPORTING OF DEFECTS pursuant to part 60 of this cEapter, 2"" "
t posed action" following the phrase AND NONCOMPLIANCE (11) Issuance of a license to receive
'"' "~"' . . er Directer of Nuclear Material '
and possess high. level radioactive
- lety and Safeguards, as appropriate,. I 21.2 IAmended) .
g.ask at a gel @c reposite
- .d by adding the words *cr other 13.10 CFR 21.2 is amended by operations area pursuant to Part 60 of ... u fon" follow!. g the phrase . -
inserting "60,".after "35,40," and also by this chapter. L . , publishedin the Federal Register a inserting "60," af ter "40,50". (12) Any other action which the *
- !ca cf!sruance of the license." Commission deteMesis a major t 213 IAmendedi 5.10 C R 2.10s is a= ended by adding Commission action sign 15cantly r arageph (c)to read as fellows: 14.10 CFR Part 21. I 21.3(a) 21.3la- affecting the quality of the humah 1)(1). 2L3(a-1)(2), a'ad 21.3(k) are emironment. - .: C -
240 te efIs u a e.
, amended by adding "60," after ~40. 50". 19.10 CFR 51.5(b)is amended by: '
- i replacing the period at the end of'
(:)The Director of NuclearMaterial f 21.21 IAmended') subparg% MiQ with a s&lm z!ety and Safeguards will also cause to
"? ""' "= _l 15.10 CFR 2121(b)(1)(i) and adding a new subparagraph (4)'iv);
tpu ed in the Federal Registee 21.21(b)(1)(ii) are amended by adding
- e nd willinferm the State and substituting "[b)(4)(!v)" for *(b)(()(lii)" in =E l "60," after "40, 50,". paragaph (5); inserting "60," following r.al ... 41s specified in i 2.104(e) of. _..
l ny antien with respect to an "40,50," in paragaph (6); and adding a PART 30-RULES OF GENERAL l
- ,licati
- n for a license to receive and new paragraph (9). With these changes.
APPLICABILITY TO LICENSING OF 10 CFR 51.5(b)(4) reads in part as use.ssl:!gh level radi-e:tive waste at BYPRODUCT MATERIAL pologic rapes!! cry operatiens area follows: - stant to Part 60 of this chapter for 16.10 CFR 30.11is amended by adding [ 51.5 Actions requiring preparation of ,hich a notice of proposed action has a new parapaph (c). environmentallmpactstatements negative un predously published. . declarations, environmental appraisals; [ 30.11 Specific exemptions. action excluded. 1".1715-NOTICES, INSTRUCTIONS * * * * * * * * *
- M RE:ORTSTO WORKERS; (c)The Department of Energy is P.pECTIONS (b) * *
- exempt from the requirements of this * * * *
- g p.g part to the extent that its activities .are (4) Issuance of an amendment which c subject to the requirements of Part 60 of would authorize a significant change in "E.
6{,,10 CTR
.chwtg '30, M,. 19.:is amedded by adding this chapter. the types or significant increase in the amounts of efDuents or a significant 3,3 g ,,.g,g3 PART 40-DOMESTIC LICENSING OF increase in the potential for accidental _.,,
! loS 19.1(d) is emended by MATERIAL releases of alicuseion
' ?
if.intV)," foUowing "35. 40.". 17.10 CFR 40.14 is amended by adding Ov)The receipt and possession of a new parapaph (c). high levelradioactive waste at a A:.T 2*-STANDARDS FOR geologic repository operations area 73TEC" ION AGAIMST RADIATION f 40.14 Specific exemptions. pursuant to part 60 of this chapter. (c) The Department of Ene'rgy is (5) Renewal oflicenses to conduct =# ,Nf
^ *""~ , '
I
- exempt from the requirements of this a ctivities listed in parapaph (b)(4)(i)-
^
part to the extent that its acuvities are -(M of this section-1;.3 [A-e. feil subject to the requirements of Part'60 of
- 110 CTR :.;~;sMS)!s amended by this chapter. .
[9) Termination of a license for the - s;
"- "!O," ft": wing "35,40.". possession of high level radioactive ~ "
- PART 51-LICENSING AND waste at a geoloSi e repository
- 04:1 IA .c:.:rdl REGULATORY POLICY ANCI operations area at the request of the **
'11.10 C:7. 2:2%(a)is amended by PROCEDURES FOR ENVIRONMENTAL licensee.
if.i: ; 10 " f:'J:wi .g "35 40.". PROTECTION 20.10 CFR 51.5(d)(3)is amended by "~
- 12 CTF,"M 5:ajis amended by a ng g 50,5 Q: - 18.10 CFR 51.5(a)is amended by adding new paregraphs (10) and (n), 21.10 CFR 51.40is amended by
[N;3b:- ::is :. d.s;te:,"in c w::: "ct" fo!!owing the revising subsection (a) to start "except
- . w e i _ . and renumbering present parapaph ( 0)
./: f:1 i .;.; u..'5).,i .serting as provided in paragraphs (b). (c). and parase "of the the wordas paragraph (12) to read as follows.
(d) of this section . ." and by adding a
.: . ; ;. : r.=:.s:" L. s ubpragraph new subsection (d) to read as follows:
~
Enclosure L ,
Tederal Register / Vol. 44. Nm 235 / Thursday. D:cember 6,197g / r-posed Rules 4t15
- 21.4 E.3v' onmental reports I 70.1Y Speelfle exemptions.
(a)T.x:: * * * *
- Subpart A--Ganeral Provisions D I'}. a:;d (d) Of this section. * * *t as (c)The prmided b paragraphs Department of Energy is i 60.1 Purpose and scope.
e . . . exemptform the requirements of the This part prescribes rules govembg Id)The
..w,-. De*=ent of Energy. as as
' pe regulstions in this part to the extent that the licensing of the Department of
!! ~ d its activities are subject to the Energy to recch e and possess cut J.
- aet! e Este i g gical requirements of Part 60 of the chapter. special nuclear, and byproduct material "
1; 2ite y c;e atic=s area pesuant to 4. A new Part 60 is added to read as at a geologic repository cperat:,ons arec.
'a-t 10 cf this chapter. shaU submit at g "
1t,tl=e cfits appUcation er 6 advance. l 6tL2 Definitions. ~
- - et the t=e cf a.mendments. In the PART 60--D!S'POSAI. OF HIGH LEVEL. As used in this part:(a)"Candidata 9tr.:erpMedin [6042 of this RADIOACTIVE WASTES IN Gh0 LOGIC . area"means a geologic and hydrologic L a;ter, e:dT =entalreports which REPOSITORIES system within which a geologic -
!?s ::35 the =at.cr des =ibed in ! 51.20:, Subpart A-GenwarProvis!ms Mposito may belo ted. {r.e circ :ss! n of elte=atives shad see-( ), eneemen of construction" e rite cht acteri:atfen data fora 60.1 Purpose and acope. means clearing ofland. r= face or
- = er cf rites 6 rpy.vaate geolope e02 DeEnftions. subsurface excavation, or other 1edia* r er to eld the Ce==fssion b 60.3 Ucun reqdred. substantial action that would adversely "==
g~ '-* v.e. G ce=paragy, gy.a]nrda as a 60A Communications. a.ffect the envircm- ent of a rite, but 60.51starpretations. does not inclide changes desirable for akf -Q
at a reasoned decirfon 60.6 Exemptions, the te=porary use cf the land for public
' g. .
C.10 CTE S1A1 is, revised to read as Subpart B--Ucenses - recreationaluses, site characteri ation -
- Dwst Preapplication Review activities.otherpreconstraction . [2.~i 3*41 Acninistrative procedures. monitoring and investigation cere"uy '""
6022 Centent of application. to establish backg ov.sd biormatica r;;
- .x 6022 Filing and distribution of application.
the ec textmayotherwlse . so;3 Nation of repetition- related to the adtability of a site or to T .. . cedrer andnearres 60.24 Updating of appbcationand the protection of c:vtronmentrJ values. I.1 =l!c to these derribed b !! 5222- envirec= ental report. or procurement or manufacture of a$ willbe fcD Wed is proceedmgs for components of the geologic npository
' ** Constructico Anthorization operations area.
$.xsf_.~*.s co y Ma) 60.31 Censtructics euthori:st!en. ( at e ed by l 5'.23 or 5121. The ' 60.32 Conditions of construction bac,c} "Decommissicning" kfiHing means final ofsubsurface facilities. o:e crer followed with respect to authori:ation. sealing of shafts, and decontamination 6u3 Ac endmestofconstruedan E'e".als b:t .ses will reDect the fact authorization. and dismantlement of swface facillties.
- st t:!!he the lhe: sing of production (d). Department..means the
- .d ufi:t:!cs fa:111tiesithe licensing of Ucense issuance and Amendment Department of Ene gy or its duly Tadals de:s not require reparate E0.41 Standards forissuance of alicense, atrthorized representatfves. )
derkaSens fcr construction and 6042 Con &ces oflicense. (e)" Disposal meantpermanent 60.43 Uce se spec fications. pe. aSoc.b 'le ce.se cf an appM, on 60.44 Changes. tests, and experiments. emplacement withb a storage space p a lhense to re:eIve and pos:ess with no intent to ret:ieve for r,esource gi-Isvel radios:tive waste at a 604s A=cudmentetlicense. 60.46 Particular activities requiring license * "lue ** cM: re; s!tery operations area. a= r- h-t. . (f). Director means theDinctorof
'.:t t b Fact 50 of th!s chapter , the Office of Nuclear Material Safety ev: . th eW. ::mentali=paI:t ****I"' ' " E and Safeguards.
60.51 Ucense amend =ar.t to dere-hs!an. (g)" Geologic repository" means a h+e5.,W -[c^irculatad pric: to thetd W km by naUi 51.5(a) n cGcou.shaII be system which is f tended to be used for. =n r r.:rief a cc:s*ructi:n authorization; Subpart C--Participation by State or may be used for.
; g .,j -- nil lim. pact statt.=ent
~
Governtnents rad.toacHva wastesexcavated m,the disposal of a ' be s- *a=eniedprbr to Issuance 60.61 Site res few. geologic formaticus. A geologic a 'ht:s et ta*r.e ace:untcf any . 60.62 Filing'of proposals for Stata respository i::cludes (1) the geolop,e s... .q c
- de acdvities ~ participation. ~ repository operatic:s area and (2) all M
21:bec(r -..s$ out c: signiSc' art fo.63 Approval ofproposals. surface and subsurface areas where -
- E i-f::=t'I:n regardi:g the Subpart D-Recortis, Reports, Tests, arxi natural events or activities of man may, A--,-+
'.'~~~~-~~'~~~'T ' '- scis of the proposed -
InsP*Cilon* ' . -. change the extent to which wastes are
- .i:Ms. 6c2 Records and reports. .
effectively isolated f.om the blosphere.l 60J2 Tests. (h) .' Geologic repository operations (n%00;.'Em0 LICENSING OF 6053 hspections
- E0'.;.' F.;OLyAR MATEMA1. area" means en HLW facility that is part _=
Antherity: Secs. 51. sr. 62. c3. Es. ct. 2 eth., of a gulogicrepository, belud6g both - =-
- --" g" :. .,
i: ar.anded b addir.I I f L. o. p. te2. 5es. Pub. I 63401 as sudace aMmrface anas, where M7h(O amended. 68 Stat. 922. 930. 502. 931935 $48, 953 s54.as amended (c.U.S.C20r1.20r3 waste handling activities are conducted. (i)"High-letel radicaetive wa:1e" or T. s. - 6 d e . w. c-u cf NI7A. the 2092. 2093. 2095. 2ni. 222% 2232. 2233): Sees. _u :: m.-i; a m s.:h ci.a-aca-ust;en at a "HLw eeans (1)it adiated teaeter 202. 205. Pub.1. 93-438. 68 Stat.1244.12a M2 fuel, p) liquid wastes resulting from the _:_ r.1 m :.m vut:::4 a sh.m of U.S.C. 5842. 554e):Sec.14. P.I. 95-602 (42 operahn d.u.e &st @. e shed t'
- . g.: :4.. F.y.u. S.C. 20:S a)'
U'For the purposes of Sec. 233. 68 Stat. 958. a s extraction systern, or equivalentg; end
- N m :. p M- y,ts 2 WMt t.rer fora amended. 42 U.S.C 2273, il 60J1 to ecJ3 are concentrated wasles frorn subsequent T f' N. -NQD:E'r5. . w are., M ber.stve, issued under Sec.161o. 68 Stat. 950. as extraction cyc'es, or equiva.!ect. in a amended B2 U.S C 2201(o)). fa cility for reproces sing irra diated Enclosure 1 .
. I
rea:ter fut!. and (3) solids into which orized by a license issued by the inclQ appropriate' quality asserance sud li:uid waites have been converted. . . mission pursuant to this part. prop.s; (3) the criteria used to arrive (.9 "RI.W facility meens a f:cility (b)ne Department shall not at candidtte creas:(4) the method by s;b.tet to the licensing and related commence construction of a geologic which the site (s) was selected for site regu'atory auBority of the Commission repository operations area unless it has characterization: (5) identification and
;u tuant to Seetion 202(3) and 202(4) of filed an application with the location of alternative media and sites de Intrgy Reorgan!:ation Act of1974 Commission and has obtained on which DOEintends to conduct site 35 Stat.1N4)? construction authorization as provided characterization for which DOE P.)";mportant to safety" with in this part. Failure to comply with this anticipates submitting subsequent site J refe:t :e to structures, systems, and reqairement shall be grounds for denial charaeterization reports: (6) a p c:=pe:ents, means those structures. of a license., description of the decision process by 4 tysit=s and co=penents that provide , which the site (s) was selected for e reasensble assurance that radioactive f 60.4. communications.. - characterization, including the means C waste can be received, handled, and Except where otherwise.specified, all used to obtain public and State views E '
- te ed wident u:due risk to the health communications and reports concerning during selection: and (7) anyissues and safety cf the public. the regulations in this part and related to the site selection. alternative p (1) "public Doc =.ent Room" means applications fued under them should be candidate areas or sites, or design of the /2 ',
de place at 1717 H Street NW., addressed to the Director of Nuclear geologic repository operations area .? Washi:gten. D.C. at which the records Safety and Safeguards, U.S. Nuclear which the Department wishes the NRC 'l cf de Cc= mission will ordinarily be
=ade available for pubuc inspection Regulatory Commission. Washington.
. D.C. 20555. Communications, reports, staff to review.The Department may include multiple sites in a single site. ..
F p " and a:y other place, the location of and applications may be deliveredin characterization report. Also included (? ' wh'ch h:s been pubushedin the FWal person at the Commission's c5ces at shall be a description of the research ! Register, at which pubuc reccrds a the 1717 H Street. NW., Washingten. D.C., and develop =ent activiths being J' Cc 'esion pertM 'ng to a particular or 7915 Eastern Avenus. Silver Spring. [ ~ geolode repositcry are made available Maryland. conducted deal with the by theforms waste Department which maywhichF.be for pu$lic hspectien. considered appropriate for the sites to "Radicactive waste means HLW I 60.5 wupretauons. be characterized,induding tesearch y oder radicactive materials Except as specifically autherized by planned or underway to evaluate the = . . c er than HLW that are received for the Commission. In writing. no perfonnance of such waste forms. l interpretation of the meaning of the '
'empiscsment in a geologic repository. (b) The Director shall cause to be
(:) Site characterizatics" means the regulations in this part by any officer or published in the Federal Register a
;regam cf explcraden and research, employee of the Commission other than notice that the information submitted both 1: the laboratory and in the field, a writteninterpretation by the General under paragraph (a) of this section has r.:derts.ke: to establish the geologic Counsel will be considered binding upon been received r.nd that a staff review of cc:dit:ns a:d de ranges of those the Com=lssion. that infermation has begun.The notice
;nt=ete s cf a particular site relevant i 60.6 Exemptions. shallidentify the site (s) selected for site
- de precedures under this part. Site characterization and alternate areas chara: tdaten indudes borings. The Commission may, upon considered by the Department and shall ru ~a:e excavatic:s. excavation of application by the Department, any advise that censultation may be exp'.:: ate y shafts,l!=lted subsurface interested person, or upon its ow n requested by State and local laterd excavations and borings.and in . initiative, grant such exemptjens frem governments in accordance with i 60.et situ testg :eeded to determine the the requirements of the regulations in _l :
(c) The Director shall make available suitab2ity cf the site for a geologic this part as it determines are authonzed a copy of the above information at the ~~ul repositor .but does notinclude by law, will not endanger life or Public Document Room. The Director re" 'cy b:rL gs and geophysical property or the common defense and . also shall transmit copies and the i festg needed to dedde whether site security, and are otherwise in the pubbe published notice of receipt thereof to the v7etecado: should be undertaken. Interest. Governor and legislature of the State :* V* raceability" means the ability, and to the chief executive of the SubPart B-Ucenses 2 d_c;;h de use cf container municipality in which a. site to be. ids:thef: . and preparation and Preapplication Review characterized is located (or if it is not 6 mr.ints:an:t Of appropriate records.to located within a municipality, then to . del':ctte a s:ep-by-step history of any i 60,11 Site characterization report. the chief executive of the county) and to ;;;. ;. radi:ndve waste. (a) As early as possible after the Governors of any contiguous States. - commencement of planning fer a (d)ne Director shall prepare a draft
;c; Uce .se reWred. particular geologic repositcry operations site characterization analysis which
!:) he 'e;a- =e:t shall not receive area, and prior to site characterizatica. shall discuss the items cited in .
- mess 5
- urce specla) nuclear. or the Department shall submit to the paragraph (a) of this section.Thei y' ". ,
hyp :h:1 m::edal at a geolegic Director a site characterization report. Directer shall publish a notice of r;:se.: y :;eratic:s area exept as The report shallindude (1) A' availability of the draft site description of the site (s) to be characterization analysis and request
- m as a u=c:e!L-e sy %chien ued charaeterized;(2) a descriptien of the com=ent in the Federal Register. Copies
-c. fe m me:;: ed stersse cf Esh-im! site characterization program including shall be Inade available at the Public .
2O.T'e F-I. 9fS dhe..'f e 3 'de s:ms, recaies fed'n$ "" other extent of planned excavatiens, plans for Document Room. in situ testing, investigation activities (e) A reasonable period, not less than a_.o r.c--a f::ce err ess r: rm of which may affect the ability cf the site 60 days, sball be allowed for comment r.w . - - e= i:mse cr ush imi to isolate wastes, and provisions to en the draft site characterization
.M .P * ' ' f, $((f."rNdNnf control any adverse, safety.related analysis.The Director shall then prepare i= pacts from site characterization a final site characterizataen analysis
. . . .~ ?- u . h '.r.e i.-
Enclosure 1 ,-
- .w ammel
Federt.1 Register / Vol. 44. NoJ30 / Thursday, DIcember 6,1979 / Pro 2osed Rules 70417 w - l 17.h sha'l take bio acct.t=t co==ents constitute infor=al conference between (including geologic =edia, general
]
ived and any additlend information a prospictive applicant and the staE. as arrangement, and approxi=tte
;uir2d during de co= ment period. described in 5 2.101(a)(1) of this chapter, dimensions), and (iv) codes and .
2:ded b the fbal site ano are not part of a proceeding under standards that the Deput=ent propeses tacte&at!cn analysis shall be either the Atomic Energy Act oi19M. as to apply to the desip and constructica C-!n!cn by the Director that he has afnended. of the geologic repository c;4 rations c:jrchn to de Department's site ue a. hice 5e Applications escief.zaten progra=, if such an (3) A description and analys~s of the
.:hn is.apptcpriate, or specific 5 60.21 content of appucation. design and performance require =enis 2.n ;e:tions of de Di ecter to the (a) An application shall consist of for structuns, systm and ce=ponents _ =_ ;a-sne:t's p cceeding with generalinformation and a safety . d the gedopc apositoy wMeh et m eacterization of the na=ed site (s).In ana. lysis report. An environmentd i=portant to safety.ne analysts and n -
- iten. the Directer =ay make speciSc report shall be prepared b accordance evaluation shall consider (i) the margbs
===endations to the Department on with Part 51 of this chapter and shall d safey ed,er nor=al cendMe,nsgand atters pIrti:ent to this section. acce=pany the application. Any under enndit:c.,ns that may nsu. mom y )=4&er issuance ci a final site j anticipated operatienal occurrences, Restricted Data or National Secu:ity 4 . %2ation analysis nor the bformahn shM1 be separated from including those of natural engh:(ii) the a:!ca ofn> objection by the Direct:r - adequacy of structures, systems.and unclassified information.
all constitute a ce==!:=ent to issue (b)The generalinformation shall e =p nents provided for the prevention _ y anthe":atics er license orin any gg . of accidents and mitigation of the ; ....
;y a&ct tha acthority of the -
e aseguences of accMentsdndud!ng
.--41sen, the Ate =je Safety ed (1) A general des =iption of the those caused by natural phenomena:
- e sbg AppealBoard AtomicSafety proposed geoIogic repository (d, entif 3 i::s and (iii) the effectiveness of enginecred the proposed site of the geologie dl.! censing Boards, cSer presiding and natural barriers, beluding burie.s .
icers, er tha Director, b any repository perations area, the general ==-
" character of the proposed activities, and . that may not be the=selves a put of the er Subpart C of Part 2 ef ,I geologic repository cperatiens area, s cha if the Depa.*t prepares entali=pect statement with
,'g D, gY {*
8
'N against the release of radioactive .;;
L:
- 4) Proposed schedules for matenal to the environment.
m-ct to site chuacien atics activities (4) A description cf the quality [;osed fer a petiedu site,it should construction, receipt of waste, and " assurance program to be applied to the nsider NRC's site characterization amplacement of wastes at tba proposed design, fabrica tien, i:.spection, s2ysts before publishingits final geologic repository operations area. construction, testing, and cperatice of vironmt: tali = pact state =ent with (3) A cdcahn dat the Depetment the structures, systems, and co= pone:ts
- pect to sits chuaete&ation activities will pr vide at the geologic repositery of the geologic repository cperaticas
*P'#.ati ns area such safeguards as it area i=portant to stifety.
ap: sed for that {artieder site. requires at comparable surface facilities . W Dudg site c aracterhation, the (5) A description cf the kind. amount, putment shodd infons the Director (of the Depart =ent) to promote the and specifications of the radioactive o ua.1 report of the progress of c =m n defense and security, material proposed to be received and e site chuactedatics and waste form (c)The safety enalysis report shall possessed at the geefogic repos! tory . acch and develcpment including include: operations area. uddes as appropdate During this (1) A description and analysis of the , (6) An identificatics and justification
- e NF.C stiff sr.cn!d be pe=nitted to site at which the proposed geologic for the select!cs of those variables. ==
.!: de site (s) and cbserve excavations, repository operations nea is.to be cenditions, or otherite=s which are r':gs, and in situ tests as they are 1 cated with appropdate attentien to determbed to be prcbable subjects of .:;.. ne.1:as= uni as these site those features that =!ght affect facility license spec!Scations. Speda! attentics ractMa&n activit'es could have desip. The assessment sball contab an shall be given to those ite=s that may re sd !a anal sis of the gedogy, hydrology, , significantly influence the final design. de Di;Ir nt upcn s.ite the
-t to bvolve geoc{emistry, and meteorclogy of the- (7) A description cf the program for safety, failure
--u s i:nin the r-m described site and the major design structures, control and meniterbg of radioactive a and tr aecc==odate the systems, and co=ponents, both surface effhzents and ocerpational radiation h,
=-~-4 n .s c! the Director cedd and subsurface, that ben sign! Scan'.!y exposures to =aintals such effluents su't in ds:122 c!the subsequentlicecse on the suitability of the geologic end exposures in ac:ordance wi6 the . gt e., . repository for disposal of radioactive requirements of Part 20 of this chapter. -
~
- ) The Ere:::r =ay respond from weste,It will be assumed that (8) A description cf the controls that t: ti= in v:16; to the , operations at the geologic repository the applicant will a; ply to restrict
- et=c-t, exp;essing h!s c= rent operations area will be carried out at access and to regulate land use at the .
, r en gesW:s r?.! sed in the the maximum capacity and rate,cf geologic repository eperations area and-
. nut.' rt;:-is referred to above. receipt of radioactive waste stated b adjacent areas. -
ents re:e!ved frem States in the application. (9)Phns for copbg with radic!o edr.nte wid f C.161 shall be (2) A descdption and discussion cf the emegencies at any time pdor to' gical==
- (tred by de Directerin desip, both surface and subsurface, of completion of deco =missic:iing the '
"~ ,_-::e;his views. A11 the geologic repository operations cea geo!ogic repcsitory operations area. . 7: .:e..r: icm een the beluding:(i) the principal design cdteda (n) A descriptien of the nuclear
-n- t .t :.-d ic :GC including the and their relationship to any genera! =a'nial control and accounting :_ ' :._: :sici !.. 7 :a; sph(g) cf this desip criteda promulgated by the program.
.:., t h r'.: t : ;:s:e d in the Public Cc= mission. CI) the design bases and (u) A des =iption cidesign !
- .,f:t .: % =. the relation of the design bases to the censideratiens that ce intended to he c:evi:.ir dereibed in principal design criteria. (iii) Infor=a hn facihtate dec:=missicni.g of the s; ght N ir :;h (h) cf this sectics relative to catedals of constnictice fa ci!!ty.
Enclosure 1
.m.. . . .
mm ou uung y.m e m n.5,ygtaompAu n s r --- 7 - (12) A desdption ciplans far ctions from the Director or his ( ther hier=ation bearing on the ret".evtl and attemate storage of the desipee. Commission's issuance of a license that radioactive westes should the geol:gic (c) The Department shall. upon was not avnuable at the time a repository prove to be unsuitable for notification of the appointment of an construction authorization was issued. dis;cstl cf radioactive wastes. Atomic Safety and 1.icensing Board, (c) The Department shall update its (13) Anidentification of those update the application and environmental report in a timely manner st uctres, syste=s, and components of environmental report, eliminating all so as to permit the Commission to the gec!cgic repository, both surface and superseded information and serve them review, prior to issuance of a license, subsu-face, which require research and as directed by the board. In addition, at the environmentali= pacts of any ._ develcpment to confirm the adequacy of that time the. Department shall serve one substantial changes in the activities = ~ des!gn. Fc: syste=s, structures, and such copy on the Atomic Safety and proposed to be carried out er any co=penents important to safety, the 1.! censing Appeal panel. Any subsequent significant new information regarding Department shan provide a detailed amendments to the application or the environmentalimpacts of activities descriptics cf the programs des! ped to ewironmental report shall be served in previously proposed. reselve safety questions, including a the same marmer. schedule indicating when these (d) At the time of filing of an Construction Authorization questions will be resolved. application and environmental report. l 60.31 ConstructJon au'tfErization. (H)The following information - and any amendments thereto, one ccpy Upon review and consideration of an concerning activities at the geologic, shall be made available in an repository operations area: . appropriate location near the site of the appucation u.d endronmental repd (I) The organhational structure of the submitted.under this part, the proposed geologic repository (which Commission may authorize construction Department, offsite and onsite, including shall be a public document room, if one a desription of any delegations of if it determines: '
~-
has been established) for inspection by (a) Sofety: That there is rease:iable suderity and essignments of the public and updated'as amendments responsibilities, whether in the form of . assurance that the types and amounts of to the application or environmental regulatiens, adsun!strative directives, wastes described in the application can report are made. This updated copy 'crtet predsicas, or otherwise. be received, pessessed, and disposed of shall be produced at any public hean.ng in a repository of the design pro osed ( ,Managenal and administrative, en the application for use by any parties ce;. els to be used to ensure safety. to the proceeding. without unreasonable risk to the health (iii) Identification of key positions (e) The Department shall certify that and safety of the public In anidng at which are assiped respensibility for this determinatics, the Co= mission the updated copies of the application ssfety at and operation of the geologic and environmental report, as referred to shall consider whethen - repository operations area. (t)The Department has described the In paragraphs (c) and (d) of this sect:en, * (iv) personnel quali5catiens and centain the current contents of such [ ut reposed geologic repository including training requirements. documents submitted in accordance not limited to (i) the geologic, k'" (v) pians for startup activities and geochemical and hydrologic-with the requirements of this part. sis.rt:p test =g. characteristics of the site;(ii) the kinds ! (d) phns for conduct of nor=al l 60.23 EJimination of repetition l and quantities of radioactive waste to acthides.! cluding maintenance, In its application, environmental be received, possessed, stored, and p su veElance, and periodic testing of report, or site characterization report. disposed of in the geologic repository; stru:tures, systems, and components of the Department may incorporate by (Hij the p the pe:cgic repository operatiens area. reference information contained in engineen,rincipal ng criterie for architectural the design of theand (,1!) phns for decommissioning. previous applications, statements, or - geolog c repository operations area;(iv) (vii!) Flans for any uses of the geologic reports filed with the Commission: construction procedures which may re;:s!!c / cperations area for purposes = Provided. That such references are clear affect the capability of the geologic , o$tr San dispesal of radioactive and specific and that copies of the repository to serve its intended function; v.ns, v,i2 an analysis of the effects,1f information so ince orated are and (v) feat =es or ec=ponents - a3 .at such uses may have upon the opD)t*nn cf the structures, systems, and available in each pu lic document protection of the health rec =. andincorporated safety of the in the design for cc*-- ~~~-ts i=portant to st.fety,
~
f 60.24 Updating of app!!catlon and public. environmental report. (2) The site and design comply with i 6 .:2 F2; and distribution of (a)The application and emironmental the criteria centained in Subparts E and aW=t;:3- report shall be as ce=plete as possible F of this part. - . (a) An epplication for a license to in the light ofinformation that is (3) The Deptrt=ent's quality re:cive and possess source, special reasonably available at the time of assurance pregam ecmplies with the nue:c:c, er byproduct material in a - s:b=lssion. requirements cf Subpart G cf this part. ge:::;i: r:pesitory at a site which has (b) The Department shall update its (4) The Depart =ent's personnel: heen cit.rc:terized, and an application in a timely manner so as to training pregam complies with the '
- m;c;.i .g environmental report, per=it the Co= mission to review, pMor criter!a contained in Subpart H of this r nd :- e amend =e::ts thereto, shall be
' to issuance of a license: part.
Ce d 1- t-:; hate with the Director and (1) Additional geologic, hydrologic. (5) ne Department's emergency plan i 2:.c:1 he si;nad by the Secretary of. meteorolog!c and other data obtained
- r. .t~;v cr h:s auderized representative. during construction.
complies with the criteria containedla Subpart I of this part. '
=Q N
yfM - tion of such application (2) Ccnformance of construction cf (6) The Department's proposed '
- .i e vir::. .:ntal report and any structures, systems, and co=ponents operating precedces to protect health
{
- - eni-en: thall be accerpanied by with the design. and to minimi:e danger to life or
- u . 2:ni ecpies. AncSer i 0 copies (3) Results of research propams property are adequate.
.:_ b: .: ee d by the Department for carried out to cen!1r= the adequacy cf (b) Commen defense endsec:rityr ir =h.f:- . accordance with written designs. That there is reascnable assurance that Enclosure 1 z
-- R game.sgy,ystrTUtrMKMJGEl-{@6 ~ ' ~7NW
't it ac',M. ties propased in the application (( )nstruction of the geologic { 60.43 ensa speel0 cations.
C net be in!=icsi to the common reposttery tperations clea hns been ( efense anh security, (a) A license issued under this part substantiaUy completed in confor=!ry (c) Enrirenmentch That, after with the application as amended, the shallinclude license concitiens d rived
' eighing the envirenmental, economic, from the analyses and evaluatiens provisions of the Atomic Energy Act, ahnical and ether benefits and . and the rules and regulations of the included in the application, including ensiderin reasonable alternatives, the Commission. Construction may be amendments made before a licenze is issued, together with such ad6tional mien et!!ed feris issuance of the deemed to be substantially complete for
- nstructic . auiod:ation. the purposes of this paragraph if the conditions as the Commission finds
~ appropriate.
f .32 Condit: ens of construction construction of(1) surface and (b)1.icense conditions shallinclude J2M 1SCn- interconnecting structures, systems, and items in the following categories: components, and (2) any underground 1) Restrictions as to the physical and (a) A censtruction authorization shall storage space required for initial ==
- c'ude such cenditions as the ch(emical form and radioisctopic content
;c operation are substantially complete. of radioactive waste.
'ssion finds to be necessary to (b)The activities to be conducted at (2) Restdctions as to size, shape, and etect the health and safety of the the geologic repository operations area dlic, the ce==en defense and wiu be in conformity with the materials and methods of construction ecurity, or environmental values. of radioactive waste packaging.
application as amended, the provisions (3) Restrictions as to the location, size, (b) The Com=ission may, at its of the Atomic Energy Act and the is:re tien. Incorporate provisions Energy Reorganization Act, and the configuration, construction and physical ..n n;uiring th: Depart =ent to furnish characteristics e.g., physical, chemical ededic cr special reports regarding: (1) rules and regulations of the Commission, and therdal pro (perties) of the storage (c) The issuance of the license will not me' dium. z ess cf constn:ction P1 any site be inimical to the common defense and tta obtained deing cons. ,ction which security and will not constitute an (4) Restrictions as to the a=ount of waste permitted per unit volume of i not within the predicted i mits upon unreasonable risk to the health and storage space considering the physical h!ch the heility design was based. (3) safety of the public.
- y de ' ncies in design and characteristics of both toe waste and the (d) All applicable requirements c!Part storage medium.
- ns which, if uncorrected, could 51 have been satisfied.
(5) Requirements relating to test,
' vers , ffect safety at any future #
$ 60.42 Conditions of license' * " **
- a. and (4) results of res.earch and relo ment pac; rams bemg conducted .(a)Ab. cense issued pursuant to this . the foregomg restdctions are observed, u part shallinclude such conditions, (6) Controls to be applied to restrict reso ve safety questions.
including license specifications, as the access and to avoid disturbance to the (c) A censtruction authorization shall geologic repository cperations area a::d
' subject to the limitation that a license Commission finds to be necessary to adjacent areas re ceive and pesse.ss source, special protect the health and safety of the (7) AdmNstrative controfs, which are f car, c byprcduct matenal at the public, the common defense and Be provisions relating to organization c'eg'c repository operations area shall security, and . environmental values. ' and management, procedres, t he issued by the Ccmmission until (b) Whether stated therein or not, the recordkeeping, review and audit, and t ce De;r.r:rnest has updated its following shallbe deemed conditions in every license issued: reporting necessary to assure that ;;catien as specified in i 60.24, and activities at the facility are conducted in (1) The license shall be subject to t:e Cc==iss:en has made the a safe manner and in conformity with -
c;.ngs r.tted .n ( 60.41.. revocation, suspension, modifica tion, or the other license specifications,
. amendment Ier cause as provided by the 123 A. sndment of construction Atomic Energy Act and the i 60.44 .Chanses, tests, and experiments.
e.:rt g:n, Commission's regulations. (a)(1) Following authori:ation to -
, An s;plicaden for amendment of a ,a, (2) The Department shall at any time receive and pessess source, special ess c , au,denzatien shall be f!!ed while the license is in effect, upon nucle ar, or byproduct material at a m& ..=:ss:en fuD3 descnbing written request of the Comtnissien, geologic repository eperatiens area, the . cht.nps desired and following as submit written statements to enable the. Department Inay (i) make changes in the as app caole the fermat prescribed Commission to determine whether c geologic repository cperations' area as ans t ;ction authenzation not the license should be modified, described in the applicatica, (ii) make MEM 8- suspended or revoked.
changes in the procedures as described X in de:ermining whether an - (3)The license shall be subject to the in the application, and (ill) conduct tests cdme:.t cf a ccnstruction provisions of the Atomic Energy Act er experiments not described in the 2:d:af:n v,i,1! be a;: proved, the now or bereafter in effect and to all application, without prior Commission
- 'ss;= w , ,
e guded by the rules, regulations, and orders of the approval, provided the change, test, or
- darstens wn!ch govern the Co:nmission.The terms and conditiens ex;ieriment involves neither a change in' r_rnee c! the i .itial construction of the license shall be subject to the license conditions incorporated in 1:-!:at=, te me extent applicab.s. amendment, revision, or modificatien, the license nor an unreviewed safety by reason of amendments to or by' question.
e se isruece s::d Amendment reason cf rules, regulations, and crders .
. (2) A proposed change, test, or
- n tu .ezrc: fctissuance of a issued in accordance with the terms cf experiment shall be deemed to involve NL the AtomicEnergy Act.
an unrevieWed safety question if(i) the
. _: erst e rc:, e and possess (c)Each license shall be deemed to likelihood of occurrence er the
' contain the provisions set forth in censequences cf an accident or ru. :;u:M ::br, er byproduct section183 b-d, inclusive, of the Atemic a-r a : pc>.je repository Energy Act, whether or not these malfunction of equipment i=pertant to n:.::: srrn - sy be issued by the safety previously evaluated in the provisions are expressly set forth in'the application is increased. (ii) the L,-;gi:., q= f nding that: license, pe;sibility of an accident er malfunct!cn
^
- Enclosure 1
cfA Cert:t type than any previrusly (Zturb nce ci the geologic repository [7uch cpplication shallbe filed.and - e va.'usted in the application is 6 eated. 'Gr tions nea cr cdjacent crets. wid reviewed,in recordance with the
! c: Ci!)the =argin cf safety cs defined in (4) Destruction er diposcl of reecrds provisions of 160.45 and this section. -
the basis for any license condition is required to be maintained under the (c) A license shall be terminated cnly . re duce d. provisions of this part, when the Commission finds with respect (i) The Deoartment shall maintain (5) Any substandal change to the to,the geologic repository: raccrds of cianges in the geologic design or operating procedures from that (1) That the final disposition of D re;;csitory operations area and of specified in the license. radioactive wastes has been made b L chez.;es in procedures made pursuant to (6) Decommissioning. conformance with the Depart =ent's E this actien to the extent that such (b) An application for such an plan, as amended and approved as part chaiges ccnstitute changes in the amendment shall be filed, and shall be of thelicense. , secbsie reposite y operations area or reviewed. in accordance with the provisions of i 60.45. (2) That the final state of the geologic s p oceduns as described in the repository operations area site confo:ms ap;2catien. Records of tests and . Decommissioning . to the Department's decommissioning exptrirnenta carried out pursuant to plans, as amended and approved as part H. parapaph (a) of this section shall also I 60.51 Ucese amendment to of the license. * * ' p be =tintahecLTnese records shall d'C0mmlS5h (3) That the termination of the license *F bchde a writte.n safety evaluation (a) The Department shad sumbit an is authorized by law. including sections $ which provides the basis for the application to amend the license prior to 57,62, and 81 of the Atomic Ene.rgy Act, % dete. imation that the change, test, or decommissioning. The application shall consist of an update of the license as amended. ~ b expe:iment does not involve an . . . . . . . . f unreviewed safety question. The application and environmental report Subpart C--Participation by ~- State g Department shad prepare annually or at submitted under ii 60.21 and 60.22 Governments 2; .. . such sh=rter intervals as may be inclu - g* "gN (1)A escription of the program for I sp;cified in the license, a report containing a brief description of such post. decommissioning monitering of the (a) Upon publication in the Federal changes, tests, and experiments, geologic repository. Register of a notice that the Department ir ~ lng a su==ary of the safety (2) A detailed description of the has selected a site for site measures to be employed-such as land characterinatien. In accordance w,th i ek Stien of each.The Department use controls, constmetion of I W1@), and upon 6e request of a e shellin nish the report to the State, the Director shall make available apprepriate NEC Regional Office shown monuments, and preservation of in A;pendix D cf part 20 of this chapter records-to regulate or prevent NRC staff to consult with . with a copy to the Director ofInspection acyes Gat could impair the long. term representatives of State andlocal is labon of emplaced waste within the governments to keep them informed of and E . force =ent. U.S. Nuclear Reg 9atory Commission. Washington, geolcgic repository and to assure that the Director's view on the progress of D.C.20555. Any report submitted relevant information will be preserved site characterization and to notify them pu s; ant to this paragraph shan be i r 6e use of future Fenerations. of any subsequent meetmgs or further modt a part of the public record of the (3) Geologic, hydrologic, and other site consultations with the Department. Licensing F oceedings. - data that are obtained during the (b) Requests for censultaten shad be operational period pertinent to the long. made in writing to the Director. . f'E035 Ar .ervdment of Ilcense. term isolation of emplaced radioactive (c) The Director also shall respond to (e) An application for amendment cf a- wastes. . . written questions or comments Izom the licanse =ey be IDed with the (4) The results of test, experiments, - States, as appropriate, on the . Cc=. issien fully describing the changes and any other analysesrelating to information submitted by the . derhd cnd following as far as backfill of excavated areas, shaft Department in accordance with i 60.11 y" a;; !::';?c the ic: nat prescribed for sealing. waste interaction with of this part. Copies of such questions or e= placement media, and any other lica .se ep;Scations. tests, experiments, or analysis pertinent comments and their responses shallbe made available in the Public Document [f
. - M whether an . ir' a:25$.de5Nense will be set to the long4em isoladon cf emplaced ' Room an,d shall be transmitted to the wastes dn de geologic uposho 7 Department. , -
s;;r:r.
- e. d, t.he Cc= mission will be (5) Any substantialrevision of plans -
f.u e t: ::y Me nsiderab. ens that govern for decommissionbg. e initiallicense, to the { 60.62 Fifing of preposals for State p the . .{.:a .je c parecipauon. . p (6) Other information bearing upon
' ' er - '- decemmissioning that was not available (a) Censultation tmder i 60.ci may .
I EO.4E Pst:ular activities requiring at the time a, license was issued. include, among other things, a review of le s a ~ eM ment, - (b) The Department shall update its applicable NRC regulations, licensing enviren= ental repcit in a timely manner procedures, potential schedules, e,nd the (}j: fs. '.?nir! ex* ressly authorized in the so as to permit the Commission to type and scope of State activities in the
!![er t o cr. trebdment of the license J- i ic" % d v ith r review, prior to issuance of an license review permitted by law. In
.Th,..".3'1"[ggheg.es
~g ect to an of amendment. substantial changes in the addition. staff shall be made svallable decem=Issioning activities proposed to to cooperate with the State in
..C.S (".*.:- hich Id mak '
be car:ied cut or significant new developing propesels for participation , eE$Ech5.ie Irad active waste inic=aden regarding Ge endronmental by the State. -
. ;- .. x / . .hich Id impacts of such decommissioning. , (b) States potentially affected by
- h. 5 Yn ease the difficulty of
. stbng of a geologic repository operab,ons rt m' .nn; 5:n cm;,. aced waste.
[ 60.52 Termination of license. area at a site that has been selected for
- 1=- ng cf structures. (a) Following decommissioning. the characterination may submit to the
?.' pr..: cr reduction of centrols Department may apply for an Director a preposallor State :
2;;..!: :: t-ict access to or to avcid amendment to terminate the license. particiption in the review of the site
. Encicsure 1
N/VM,&Je. 2T6TThurslay, DecemMr 6 5970Do;)osed Rules 75421 , dalsster!:a' tion eepert and/crlicinse if Ker cny part of a prop:salis end adTa' cent creas t> which the L;;1! cation. A State's prop;snl10 rejected. the decisiin sh ll state the Department has rights of access. j
- trhi;ste stay be submitted at any reason for the rejection. (b)The Department shall rnake ene pri:t to docketing of an apphcation (d) A copy of all proposals received available to the Commission fer
- r up 101:0 days thereafter. inspection, upon reasonable netice.
(c) Preposals for participation in the ~ shall be made available at the Public mview shr.11 he signed by the Governor Document Room. records kept by the Department - pertaining to activities under this part. t!the State submitting the proposal and . Subpart'D--Records, Reports, Tests, jcaU at a Inin!=um contain the and inspections . (Amendments to aD parts issued ptsuant to
.:113weg informatic= citations of authority presently cedi!1ed or. in ~. ;;;
(1) A general description of how the i 60.71 Records and reports. the case of to CFR Part 60, as proposed to be E: ate wishes to participatein the
,,gg --
(a)%e Department shallmaintain Dated at Washington. D.C. th!s 2:d day of - rey!ew, speci!!cally identifying those such records and make such reports in December,1979, usues which it wishes to review. connection with the licensed activity as (?) A desed;t!cn of material and For the U.S. Nuclear Regulatory may be reaufred by the conditions of the conurJnion, ir=tton which the State plans to license or by rules, regulations, and rubmit to the NRC staff for John C. Hoyle
, orders of the Co:mnission as authorized a,,j,fc3,5,elerary o/rAe Commission.
censideratiin in the teview. A tentat2ve by the Atomic Energy Act and the ghedule referencing steps in the review Energy Reorganization Act. p m.m m us W ed c-lendar dates for planned (b) Records of the receipt, handling, robmittals should beincluded. and disposition of radioactive waste at (3) A descriptionincluding funding esti=ates of any work that the State a geologic repository operations area poposes ta perfor:n for the Com=ission, shall contain sufficient information to cad:r centract in support of the review. assure traceability from the shipper (4) A d:scription of State plans to through allphases of storage and fe 1:c41govement and citizen disposd* ut: tion. (c)De Department shall promptly n.
" [5] AprP4ary estimate of the types notify the Commission of each ed.cxtent ef!= pacts which the State deficiency found in the site txpects should a geologic repository be characteristics, and design and ,
lxated at the site in question. const4uction of the geologic repository (d)1f the State desires educational or which, were it to remain uncorrected. - sfer:natico seMees (seminars, public could (1) be a substantial safety hazard, neelings) or cier actions on the part of (2) represent a significant deviation from N'RC, such as establishing additional the design criteria and design bases pblic dccc=ent rooms or employment stated in the application, or (3) represent
- r exchtnge cf State personnel under a significant deviation from the .
de Intergovemmental Personnel Act, conditions stated in the terms of a dese shall be included with the construction authonzation or the " repcsal. license, including license specifications. The notification shall be in the form of a [ 50.!3 Approvalof proposals. written report, copies of which shall be
- 4#
(t) Le D!re:ter shall arrange for a sent to the Director and to the ~ nretn;between the representatives of appropriate Nuclear Regulatory le S:a:e and de NRC staff to discuss CommissionInspection and E, = ey ( ~'psal submitted under i 60.62(b), Enforcement Regional Office listed in 46L ew toidentfying any Appendix A to Part 73 of this chapter.
- difiestions that may contribute to the trective pr.:ti:!pation by the State. I 60.72 Testa. :
4 (b) S:ijeet to the availability of funds, The Department shall perform. or et D!rteter riall approve all or any permit the Commission to perform, such - gt cf e p-r;csal, as it may be modified tests as the Commission deems u;h tse =eeting described above,if appropriate or are necessary for the - deter =! es dat: . administration of the regulations in this . = (1) The pre;: sed activities are part.These may include tests of(a)
- ". ble in l!gi: ef the type and radioactive waste. (b) the geologic
- t;:11:de ofi= pacts which the State repository including its structures, y b c , and systems, and components, (c) radiation 1, )He p;c;: sed activities (i) will , detection and monitoring instruments, m.t:ce ----- ' ations between NRC and(d) other equipment and devices ddeS:ste.(! will centribute r:d::tivc'y t: { e license review, and used in cortnection with the receipt.
handling. or storage of radioactive
- ) cc t d
- f.:cd bylaw. waste. .
(c) ~~r.e de cN:n of the Director shall
! *ur.5=.','Ed in writing to the f 60.73 Inspections.
- vern : ef de c-iginating State. A (a) The Department shall allow the ny:.? de 0.: sic shaU be made Commissien to inspect the premises of
.t.Q.t.': c: de P.:51:e Document Room. the geologic repository operations area
. Enclosure 1
.4 '6,13Ni O /~h '
3 Federal Register / W_/44. No. 208 / Thursday October 25 LJ / Proposed Rules '3 9 . or breakdown ofirrigation equipment.or tobaccois planted for.enyaopyear, f:cilities shall not be consideredasa any indemnity will be paid to the any terms and provisions of the contract [ fromyeartoyear Anychangesshallbe q' 3 failure of the watersupply frosn an person (s) the Corporatian d-***= to mailed to the insured or placed ca file , y un: voidable cause. bebeneficiaDy entitled thereto. and made available for public i 7 (c) Insurance shallnotattach on an (g) The Corporation s Me right inspectmo in the oIIice for the county at," G irrigated basis on acreage otherwase to reject any claim for' ' b ifany least 15 days prior to the cancellation g insurable on such basis unless it is so of the requirements of thie,sectioner date precedm' g the. crop year for which . ?. reported and dasynsted by such section 8 of the policyare not met and the changes are to become effective, stfd . *,' j practic.a at the time the acreage is the Corporation determmes that the such mmHiag or Sling shall constitute _h . reported. amount of loss cannot be satisfactorily notice to the insured. Acceptance of any , ::c ,
- 4. AnnualPi-mmm.lf thereisno determined. changes will be conclusively presumed -7 i
break in the continuity of participation, 6.Subrogotion %einsured (including in the absence of any notice from the , any premium adjustment applicable- any assignee or transferee) essigns to insured to cancel the contract as i
~
under section 5 of the policy shall be the Corporation all rights ef recovery provided in section 13 of the policy. trensfened to (1) the contract of the against any. person for loss <sr damaFe to This proposal has not been classified 4 insured's estate or suniving spouse in the extent that payment hereunder is "significani" and is being published case of death of the insured. (2) the made by the Corporation.The . under emergency procedures, as contract of the person who succeeds the Corporation thereafter shall execute all authorized by Executive Order 12044 insured if such person had previously papers required and take appropriate and Secretary's Memorandum No.1955, p:rticipated in the farming operation, or action as may be necessary to secure without a full 60-day comment period. It (3) the contract of the same insured who such rights. has been determined by James D. Deal, stops farmiryr in one county and starts 7. Termination of the Confreef. (c) Manager FederalCropInsurance farming in another county. The contract shall tenninate 11 no . Corporation. that an emergency (b)If there is a break in the continuity premium is earned for five consecutive situation exists which warrants less of participation, any reduction in years. than a full 60-day comment period on I
,, premium earned under section 5 of the (b)If theinsuredisanindividual who this proposal because the final l policy shall not thereafter apply; dies or is judicially dedaad regulations and policies coversing I however, any previous unfavorable incompetent, or the insured entity is tobacco must be published and be. I other than an individual and such entity insurance experience shall be available inthe FCIC county offices not considered in premium computation is dissolved, the contract shad terminate later than December 15.1979, to afford following a break in continuity. as of the date of death. Judicial the fanners an opportunity to examine
- 5. C1cim for andPayment of declaration, or dissoluticcuHowever, if them before the cancellation date of Indemnity. (a) Any claim for indemnity such event occurs after i""- December 31,1979. A Draft impact on a unit shall be submitted to the attaches for any crop year, the contract Analysis has been prepared and is ;
Corporation on aform prescribed by the shall continue in force through such crop available from Peter F. Cole, Secretary, Corporation. year and terminate at the endihereof. Federal Crop Insurance Corporation, (b)ln detemining the total production Death ci a partnerin a partne: ship shall Room 4088 South Building, U.S. to be counted for each unit. production dissolve the partnership unless the Department of Agriculture, Washington, from units on whrch the production has . partnership agreementprovides D.C.20250. been com"""E l ed will be allocated to otherwise. If two or more persons Note-The reporting requirernents such units in proportion to the liability having a joint interest are insured . contained herein have been approved by the on each unit, jointly, death of one of the persons shall Office of Management and Budget in (c) There shall be no abandonment to dissolve the joint entity. accordance with the Federal Reports Act of the Corporation of any insured tobacco 8. Coveroge Level end Price 'Ilection. m2 and ONG Circular Ac. (a)If the insured has not elected on the Approved by the Board cf Directors on i O)ecreage.(b)In the event that any claim for application a coverage level and price at September t 1979. ' indemnity under the provisions cf the which indemnities shad be computed Peter F. Cole, contract is denied by the Corporation, from among those shown on the Secrefory,Tedero/ Croplasumnce an action on such claim may be brought actuarial table, the coverage level and corporetici against the Corporation under the price election which shall be applicable irm Doc. maass ra.d wwn e 4s smj provisions of 7 U.S.C.1508(c):Provided, under the contract, and which the sw o coot mo-oe.u That the same is brought within une insured shall be deemed to have elected, year after the date notice of denial of shall be as provided on the actuarial the claim is mailed to and received by table for such purposes. NUCLEAR REGULATORY the insured. (b) The insuredmay, with the consent COMMISSION (e) Any indemnity will be payable of the Corporation.r.hange the coverage within 30 days after a claim for -level and/or price electionfar any crop 10 CFR Parts 50 and 51 indemnity 4s approved by the year on or beforethe da=ngdate for CorporationEowever,in noeventshall - submitting applicationakrthatcrop -Storage and Disposal of Nuclear - p the Corporation be liable for interest.or _ year. . w _- Wasta y
< damages in mnnetionwith anyclaim 9. Assignment.of T ' 9.Upon AcEwev:U.S. Nuclear Regulatory. 1 for indemnity whether auch claim be approval of.a-fonn w d i by the Commission. 1 l Corporation. the_insuredinay assign tn '
approved or disapproved by the Acnote Notice of Proposed Rulemaking. ' Corporation. another party the nghtto anindemnity ~ (f) If the insured is an individual who for the crop year and such assignee shall suuntarr.The United States Nuclear dits, disappears or is judiciaDy have the right to submit the loss notices Regulatory Commission is conducting a declared inmmpetent, or the insured is and forms as. required _by the contract. generic proceeding to reassess its. degree an eniity other than an individualand 10. Contract Charges.The of cenA- that radioactive wastes such entityis dissolved after the Corporation reserves the aght to change produced by nuclear facilities will be Enclosure 2
V 1 v' al (}Proposid Ruhs I
, Federal Regist:r / Vcl. . Ns. 208 / Thursdzy, October 25,197et 61373 ;
I q safily disposed of, to determine when sites past those dates and until an o~ff- conclusions about waste repo'sitory k cny such disposal will be avanable, and wh:ther such wastes can be safely site solution is avausble. In response to the D.C. Circult's decision the impacts or pe:formance.The Commission will consider economic }f-s
~'
stored until they are safely disposed of' Commission has decided to undertake a issues in this proceeding in the same This rulemaking has been initiated in generic reconsideration of the fashion such issues were considered in [H rzsponse to the decision of the United radioactive waste question so that it the recent fuel cycle rulemaking: 4 States Court of Appeals for the District can: (1) reassess its confidence that safe namely, a waste disposal model will not [ of Columbia Circuit in State of off-site disposal of radioactive waste be considered realistically avauable if it i Minnisato v. NRC, Nos. 78-1289 and 78- from licensed facilities will be avallable; would be prohibitively expensive to 2032 (May 23,1979), but it also is a (2) detennine when any such disposal or build and operate such a proposed off-site storage will be available: and (3) facility. Cf. 44 FR at 45307. [-" continuation of previous proceedings conducted by the Commission in this if disposal or off-site storage will not be During this proceeding the safety - trex. 42 FR 34391 (July 5,1977). available until after the expiration of the implications and environmental impacts $ This notice describes the procedures licenses of certain nuclear facilities, of radioactive waste storage on-site for a tb Commission will employ to conduct determine whether the wastes generated the duration of a license wul continue to i that proceeding and how members of by those facilities can be safely stored be subjects for adjudication in L the public can participate. If the on-site until such disposal is available. individual facility licensing proceedings. g Commission finds from this proceeding Previously,in connection with a petition The Commission has decided, however,
- reasonable assurance that radioactive for rulemaking filed by the Natural that during this proceedi p wastes from nuclear facilities will be Resources Defense Council the being considered inulemaking the r)r the issues ,j safely stored or disposed of off-site prior Commission consider'ed the related should not be addressed in individual ,l ':
to the expiration of the license for the question of the likelihood that waste licensing proceedings.These issues are ' facility,it will promulgate a rule disposal will be accomplished safely, most appropriately addressed in a lH "j viding that the safety and and at that time it found reasonable generic proceeding of the character here 1 ironmentalimplications of assurance that methods of safe emisaged. Furthermore, the court in the 'M osctive waste remaining on site permanent disposal of high-level waste State ofMinnesoro case by remanding 'IT after the anticipated expiration of the would be available when they were this matter to the Commission but not i; I facility licenses involved need not be needed. 42 FR 34391,34393 Ouly 5,1977), vacating or revoking the facility licenses lI considered in individual facuity pet. formr. dismissedsub ncm. NRDC involved, has supported the F l licensing proceedings. In the event the v.NRC, 582 F.2d 160 (2nd Cir.15778). Commission's conclusion that licensing f Commission determines that on-site Howeve b denying the NRDC pt Wion, practices need not be altered during this ^j i storage after license expiration may be the Commission announced its intent to proceeding. However, alllicensing necessary or appropriate, it will issue a reassess this finding periodically.This proceedings now underway will be n proposed rule providing how that new proceeding will offer as subject to whatever finaldeterminations i question will be addressed. op;.ortunity for the Commission to are reached in this proceeding. j L DATrs: Notices of intent to participate reessess its earlier finding, to obtain If the Commission finds reasennble > {i must be filed by November 26.1979. wider public participation in its decision assurance that safe, off-site dr il for - l Other deadhnes are described below. and also to take account of new data radioactive wastes from license d facilitites willbe available prior to ;q [l l and recent developments in the federal i Acomess: Send comments to the waste management plan, most notably expiration of the facilities licenses,it ! Secretary of the Commission, U.S. the Report to the President by the will promulgate a final rule providing Interagency Review Group on Waste that the environmental and safety J a .gton, D C' 20 55 t n on. Management TID-29442 [ March,1979) implications cf continued on. site storage " Docketing and Service Branch. All (the IRG Report'). after the terminatien oflicenses need , MinFs Mll be available for public Jpecticn in the Commission's Public Pcmose ofProceeding t e e e t the f~ (Document Room at 1717 H. Street. N.% ., The purpose of this proceeding is pr ee s. Commission determines that on. site d
% ashington, D.C. solely to assess generically the degree of storage after license expiration may be 1 U
l Fori FURTHER INFORMATION CONTACT: assurance now available that necessary or appropriate,it willissue a l Stephen S. Ostrach. Office of the radioactive waste can be safely proposed rule providing how that !) j General Counsel. U.S. Nuclear disposed of, to determine when such question will be addressed.
- Regulatory Commission, Washington. ' disposal occff. site storage will be !
available, and to determine wheiber Pmcedures D.C. 20555. (202) 634-3224. SUPPLEMENTARY INFORMATION: radioactive wastes can be safely stored The Com=!ssion has chosen to Ba6 ground on-site past the expiration of existing facilitylicenses until off site disposal or employ hybrid rulemaking procedures for conducting this proceeding. Within j[i. On May 23,1979 theUnited States storage is available.In addition to thirty days after publication of this [ Court of Appeals for the District of information submitted by public notice members of the public may file a i r Columbia Circuit remanded two licensing actions'to the Commission to participants and government aFencies, this proceedingwill draw upon the notice ofintent to participate as a* full participant"in the further stages of the fd consider whether an off-site storage record compiled m the Commission's proceeding discussed below. The notice q solution for nuclear wastes will be recently concluded rulemaking on the of intent should set forth the person's or ) W etailable' by the years 2007-09, the ' em'ironmentalimpacts of the nuclear group's identity, technical or other ] expirationdates of thelicenses of the fuel cycle (44 FR 45362-74 (August 2, qualifications to participate, tentative j Ve mont Yankee and Prairie Island 1979)) and the record complied herein positions on the issues to be considered. l h nuclear plants to which the Commission will be available for use in the Beneral and a discussion of any special matters 3 ? had granted permits to increase the on- fuel cycle rule update discussed in that or concerns sought to be raised. , d site waste storage facilities, and,if not, rulemaking. However, this proceeding is Furthermore, at that time those members whether that weste can be stored at the not designed to reach quantitative
~
of the public who do not wish to be full j% Enclosure 2 l l l
, 013"4 - Fedtral Rtgist" Vol. 44, No. 208 / Thursday Octobe - 1979 / Proposed Rulds
- i. ,, 5 participants but who wish to file demonstrated. An c!tunativa propostl presentnticna will ba efficient and t ., comments on the issues addressed in which is also under consideration would usefulUnless different procedures are q this rulemaking should file their be to apply to thisproceedmg the- set out in the second prehearing order, L comments.
' discovery procedurer set forth in in CFR the hearing will begin with delivery of The individuals or gmups who have Part 2 and to have any discovery prepared statements from the
?j chosen to participata as full participants . supervised by the prairimg officer.- representatives, both technical and shall be supervised by a " presiding Participants orothermembersof the legal. of the groups into which the
; olTicer" to be named by the Commission public who~wish toexpress views arr participants have been consolidated.
at a later date. That officer's prmetpal ' this mattershould file those views with These statements should succintly - responsibility will be to monitor the their notices ofintent orcommata- summarize theparticipants' views c { }' early stages of the pmceeding forthe which are due November 28.1979. ht previously set forthin their statements i Commissiert. and to assist the particularpeAm hould s char == and. cross-s tatements. Participants e Commission in conducting thelater whetherimposition of the discovery should ensure that their representatives J l portions. To those ends he or she will provisions of Part2or theirabeence
,y 4F have authority to order consolidation of would be likely to alter their willingness legat technical and institutionalissues will be able to address the merits of the , ' I individuals or groups in the same to participate in this rulemaking or to that have been raised in this proceeding.
fashion provided in 10 CFR 2.715a. The affect the quality of their contnbution to After the prepared remarks the speakers ' presiding officer may take appropriate the record. The presiding efficer will will be questioned by the members of action to avoid delay, including, if then summarize the views expressed the Commission. Furthermore, other necessary holding pre-hearing and present his or herreecmmendations participants will be given the
, conferences or certifying matters to the to the Commission. %e Commission ' opportunity to submit written questions 9
Commission. willissue a p,rompt decision on this to the Commission for it,in its I i The Commission's staff will compile a matter so that the participants' discretion, to ask of participants. - full bibliography on the subjects preparation of theirstatements willnot The Commission reserves the option relevant to the proceeding which will be be adversely affected by uncertainty as of providing a final stage at which p made available to the public at an early to the extent of data that may be representatives of the participants may V stage of this proceeding. In addition to available to them. be cross-examined by other , i that bibliography the Commission will j!
, maintain a publicly available data bank Approximately 30 dayr after the participants. The Commission will defer j
~ notices ofintent are filed the officer will deciding whether to permit any cross.-
which will include relevant information issue a prehearing order resolving all examination until after the hearing is on waste storage and disposa!.The data preliminary issues including- over.To obtain cross-examination a bank willinclude the IRC Report, the consolidation. Folfowing the prehearing participant will be required to identify
;, background material the IRC collected orderthe participants will have the issue or issues as to which cross.
l In preparing the report, the Generic approximately 6a additfonal dayr (the examination is sought, and the Environmentallmpact Statement on exact time to be sert:r the prehearing representative or participant invulved, < Waste Management being prepared by order) to prepare and file their and to demonstrate that cross-
- the Department ofEnergy, and'a statements of position. The statements examination is necessary to prepare a I
l! ' collection of oth'er principal works that will be the participants' principal the Commission staff will compile on the contribution to the waste confidence record adequate for a sound decision. Based on the material received in his
' subject of radioactive waste storage and . proceeding, andparticipants should proceeding and on any other relevant-
. disposal Furthermore, the Commission focus their preparation on them.The information properly.available toit the will solicit the views of a number of statements should setinrth the Commission will publish a proposed or
over source. typroduct and Enclosure 3 spea. rwdrar mwtenalin quarhs not sufficient U kB 8 Cf't.Le rr.se&$}}