ML20210A505
| ML20210A505 | |
| Person / Time | |
|---|---|
| Issue date: | 10/07/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Diaz N, Shirley Ann Jackson, Mcgaffigan E, The Chairman NRC COMMISSION (OCM) |
| Shared Package | |
| ML20210A508 | List: |
| References | |
| NUDOCS 9907220121 | |
| Download: ML20210A505 (4) | |
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i UNITED STATES p
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30ess-0001
.g October 7, 1998 MEMORANDUM TO:
Chairman Jackson Commissioner Diaz Commissioner McGaffigan FROM:
L Joseph Calla Executive Director fpperations
SUBJECT:
RESPONSE TO STAFF REQUIREMENTS MEMORANDUM ~
(M 9808268) DATED SEPTEMBER 22,1998 - BRIEFING ON STATUS OF ACTIVITIES WITH CENTER FOR NUCLEAR WASTE REGULATORY ANALYSES AND HIGH LEVEL WASTE PROGRAM The purpose of this memorandum is to respond to the Commission's September 22,1998, Staff Requirements Memorandum (SRM) (Attachment 1) res.ulting from the August 26,1998, briefing to the Commission on, " Status of Activities with the Center for Nuclear Waste Regulatory Analyses and High Level Waste Repository Program."
i First, the Commission requested the staff to consider whether there a iny advantage in making the draft 10 CFR Part 63 available for public comment on the web befe,.. nroviding the proposed rule to the Commission. The staff considered this prior to forwarding the proposed draft rule to the Commission on September 29,1998. Seeking meaningful public comment on
_the web would have incurred several months delay in the established schedule. The Commission in the 1999 Performance Plan committed to establish a regulatory framework for high-level waste disposal by setting an FY 1999 target for the final rule of July 1999, As an attemative and with Commission approval, the staff placed the draft Federal Register notice on U.S. Nuclear Regulatory Commission's (NRC) Technical Conference Forum website and made the staff paper publicly avalbble. This process enables all stakeholders to have early e.c:sss
- to a preliminary version of the rule and thereby permit additional time to formulate potential
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comments for later submission after publication of the notice of proposed rulemaking. In this manner, the action allows the staff to achieve the Commission goal of involving stakeholders early and substantially in the rulemaking process, while avoiding delaying the national program.
As a general matter, the Office of Nuclear Material Safety and Safeguards is currently considering proposed revisions to the rulemaking process that would provide for meaningful and more timely public involvement in the development of major rules, such as Part 63.
Second, the Commission requested the staff to find out, from the U.S. Department of Energy
. (DOE), what reference radiation standard it is assuming for purposes of the Yucca Mountain Viability Assessment (VA), and determine whether it comports with NRC's all-pathways standard of 25 millirem / year (0.25 mSv per year). By the attached letter dated September 3, 1998 (Attachment 2), DOE indicated that, in July 1997 it adopted an interim postclosure performance measure which specified, "The expected annual dose to an average individual in a critical group living 20 kilometers from the repository shall not exceed 25 mrem from CONTACT: Manny Comar, NMSS/DWM (301) 415-6074 t'
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all-pathways and all radionuclides during the first 10,000 years after closure." DOE developed this interim performance measure as a goal to guide its technical program until such time as the U. S. Environmental Protection Agency issues its standard, as required by the Energy Policy Act of 1992. As stated, DOE's interim performance measure requirement comports with the all-pathways standard of 25 millirem / year (0.25 mSv per year) proposed by the staff in Part 63.
According to DOE, since the VA is not a compliance document, it will only include preliminary results of the Total System Performance Assessment (TSPA) and, as such, does not contain a comparison of the repository performance results with the interim postclosure performance measure.
Lastly, the Commission requested that the staff clarify the process by which the Commission's i
preliminary comments regarding the' sufficiency of site characterization required by the Nuclear Waste Policy Act (NWPA) would be developed for inclusion in the Secretary of Energy's site suitability recommendation to the President. In accordance with Section 114(a)(1)(E) of the NWPA, the Commission is required to provide "... preliminary comments of the Commission concerning the extent to which the at-depth site characterization analysis and the waste form proposal for such site seem to be sufficient for inclusion in any application to be submitted by the Secretary (of the Department of Energy] for licensing of such site as a repository." The NWPA requires DOE to include the Commission comments in its " Site Recommendation Report" to the President. The staff interprets the statute to require the Commission to express a preliminary view on the completeness of the site characterization analysis and waste form information used by DOE to ensure a high quality License Application (LA) and is in no way an attempt to prejudge the Commission's ultimate decision whether to grant a license for the Yucca Mountain site based on the review of DOE's LA.
The strategy for development of the Commission's sufficiency comments is to review available DOE documents, using the Yucca Mountain Review Plan (YMRP), as the basis for deciding what preliminary comments are needed. Preliminary sufficiency comments would cover, among other things, the following: 1) adequacy of at-depth site characterization and waste form proposal; 2) additional information, if any, that is necessary for docketing the LA; and 3)
Information that can be developed in DOE's pedormance confirmation program and therefore is not necessary for docketing the LA. The YMRP, which will implement the requirements in Part 63 and be based on risk-informed, performance-based criteria in the TSPA methodology and j
issue Resolution Status Reports for the key technical issues most important to repository performance, would provide the guidance to the staff for this review. The staff envisions this I
process to include communication of preliminary staff concerns to DOE so that these can be addressed. The staff would thereafter report to the Commission including any comments the staff cannot reach closure on with DOE. The Commission would then transmit these comments to the Secretary of Energy as Commission comments on sufficiency of the information for i
inclusion in the LA.
Staff will, as with the VA review, use a combination of interactions and documents as a basis for evaluating the sufficiency of information. DOE plans on providing NRC with the Working Draft License Application (WDLA), for NRC's review, in August 1999. The WDLA, however, is not expected to include the full scope of the LA. The TSPA Site Recommendation / License Application (SR/LA) and the design products for SR/LA will be available to NRC in November 2000. The WDLA; the VA and its supporting documents; major technical documents that support site recommendation and LA, including the TSPA-SR/LA and design products for t
SR/LA; Final Environmental Impact Statement; and continuing interactions with DOE on technical and regulatory issues, will form the basis for evaluating the sufficiency of information.
p The Commission 3 contains the current DOE schedule, presented in a technical exchange with the NRC staff on the License Application Plan, on September 16,1998.. DOE plans to provide its i.
Site Recommendation to the President by July 2001. To meet this schedule, DOE expects to receive NRC sufficiency comments in April 2001. Therefore, the staff intends to provide the sufficiency comments to the Commission by March 2001. The ability of the staff to meet the indicated milestones and provide comments on the sufficiency of DOE information, for preparing the !! cense application, is contingent on adequate funding to continue its issue Resolution Process and the timely receipt of DOE information submitted to staff for review.
Attachments:
- 1. Staff Requirements Memorandum dated September 22,1998
- 2. Ltr to J. Greeves, NRC, from S. Brocoum, DOE, dtd 9/3/98 3 DOE's Major Milestones for Path Fonward cc: OGC OCA OPA i
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The Commission 3
October 7, 1998 l' contains the current DOE schedule, presented in a technical exchange with the NRC staff on the License Application Plan, on September 16,1998.' DO,E plans to provide its Site Recommendation to the President by July 2001. To meet this schedule, DOE expects to receive IGC sufficiency comments in April 2001. Therefore, the staff intends to provide the sufficiency comments to the Commission by March 2001. The ability of the staff to meet the indicated milestones and provide comments on the sufficiency of DOE information, for preparing the license application, is contingent on adequate funding to continue its issue Resolution Process and the timely receipt of DOE information submitted to staff for review.
Attachments:
- 1. Staff Requirements Memorandum dated September 22,1998
- 2. Ltr to J. Greeves, NRC, from S. Brocoum, DOE, did 9/3/98 3 DOE's Major Milestones for Path Forward cc: OGC OCA OPA CFO ClO SECY DISTRIBUTION: NMSS 199800472/EDO 199800171 File Center DWM r/f & t/f NMSS r/f NMSS Dir r/f PAHL r/f & t/f EDO r/f Public CPoland MKnapp RJohnson JHickey JHolonich JLinehan KDattilo KMcConnell WTravers MBridgers THolahan JPiccone l
doc NAME: sADWM\\PAHL\\ MMC \\sRMREV1.sLW *sEE Previous CONCURRENCE CP/PROOPED/ OCTOBER 1,1995
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NAME MComar/kv SWastler EKraus MBell BReamer DATE 9/28/98 9/28/98 9/25/98 9/29/98 9/30/98 OFC DWM*
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DEDR EDO NAME JGreeves CPaperiello HThoNpson Lh DATE 9/30/98 10/05/98 10/8 /98 10
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OFFICIAL RECORD COPY
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September 22. 1998 IN RESPONSE. PLEASE REFER TO: M9808268 SECRETAftY MEMORANDUM TO:
L. Joseph Callan e Di clorfor Operations b
FROM:
n.o cSecretary
SUBJECT:
STAFF REQUIREMENTS - BRIEFING ON STATUS OF ACTIVmES WITH CENTER FOR NUCLEAR WASTE REGU!.ATORY ANALYSIS AND HLW PROGRAM,2:00 P.M.,
WEDNESDAY, AUGUST 26,1998. COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYl.AND (OPEN TO PUBLIC ATTENDANCE)
The Commission was briefed by the NRC staff and Dr. Wesley Patrick, President, Center for Nudear Waste Regulatory Analyses (CNWRA) on NRC's high. level weste repository program highlights, accomplishments, and outlook. The Commission requested that the staff 1) consider whether there is any advantage to making it's d:*ft Part 63 available for public comment on the web before providing the proposed rule to the Commission; 2) find out from DOE what reference radiation standard it is assuming for purposes 1
of the Yucca Mountain viability assessment, and determine whether it comports with NRC's all-pathways standard of 25 millirem / year; and 3) clarify the process by whidi the preliminary comments of the Commission concoming the sufficiency of site charausrization required by the NWPA would be developed forinclusion into the Secretary of Erwgy's site auttability recommandation to the President.
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(SECY Suspense:
-19/6/98) 9800171 9/29/98 L, y (c)
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