ML18353A485

NRC Monthly Status Report Activities Related to Yucca Mountain Licensing Action for December 2018 (Enclosure)

ML18353A485
Person / Time
Site:	06300001
Issue date:	01/29/2019
From:	Kristine Svinicki NRC/Chairman
To:	Alexander L, Barrasso J, Braun M, Kaptur M, Lowey N, Pallone F, Rush B, Tonko P US Congress, US HR, Comm on Appropriations, US HR, Comm on Energy & Commerce, US HR, Subcomm on Energy, US HR, Subcomm on Energy & Water Development, US HR, Subcomm on Environment, US SEN, Comm on Appropriations, US SEN, Comm on Environment & Public Works, US SEN, Subcomm on Clean Air & Nuclear Safety, US SEN, Subcomm on Energy & Water Development
Christopher Markley, NMSS, 301-415-6293
Shared Package
ML18353A440	List: ML18353A454 ML18353A485
References
201300142, CORR-19-0004
Download: ML18353A485 (3)

Text

U.S. Nuclear Regulatory Commission Monthly Status Report Activities Related to the Yucca Mountain Licensing Action Report for December 2018

Background

On August 13, 2013, a panel of the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in the case In re Aiken County directing the U.S. Nuclear Regulatory Commission (NRC) to promptly continue with the legally mandated licensing process for the U.S. Department of Energys application to construct a geologic repository for high-level waste at Yucca Mountain, NV. The NRC promptly began taking steps to comply with the courts direction following the issuance of the decision. On November 18, 2013, the Commission approved a memorandum and order that set a course of action for the Yucca Mountain licensing process that is consistent with the Appeals Court decision and with the resources available.

The Commission also issued a related staff requirements memorandum on November 18, 2013, which, among other things, directed the NRC staff to complete and issue the Safety Evaluation Report (SER) associated with the construction authorization application.

On February 3, 2015, the Commission directed the staff to develop an environmental impact statement supplement and undertake certain SER wrap-up activities, including records retention and the development of a lessons-learned report. The Commission also approved a path forward for making Licensing Support Network (LSN) documents publicly available in the Agencywide Documents Access and Management System (ADAMS).

On November 8, 2016, the Commission directed the staff to update the collection of knowledge management reports on the staffs Yucca Mountain review activities, in order to capture new insights. The previous knowledge management reports were completed in 2011.

On July 31, 2017, the Commission directed agency staff to hold a virtual meeting of the Licensing Support Network Advisory Review Panel (LSNARP) to provide information to, and gather input from, advisory panel members and the public regarding reconstitution of the LSN or a suitable replacement system. The Commission also approved gathering preliminary information regarding potential adjudicatory hearing venues.

As discussed in previous reports, all of these tasks have been completed. Table 1 provides a breakdown of estimates and expenditures for all of the Commission-directed activities.

Accomplishments and Ongoing Work The Federal Advisory Committee Act requires advisory committee charters to be renewed every two years. On December 18, 2018, the Commission approved renewal of the LSNARP Charter.

Also in December 2018, agency staff performed limited program planning and support and federal court litigation activities.

Nuclear Waste Fund Expenditures During the month of December 2018, the NRC expended $1,566 of NWF funds on its actions in direct response to the courts decision. Cumulative expenditures since the August 13, 2013, U.S. Court of Appeals decision are $13,106,842. The August 13, 2013, balance of $13,549,315 Enclosure

of unexpended NWF funding, less the cumulative expenditures of $13,106,842, results in a remaining unexpended balance of $442,473. Total unobligated NWF funds remaining as of December 31, 2018, are $412,552. Table 1 provides further details on the NRCs expenditure of NWF funds since August 13, 2013.

Table 1 Status of NRC NWF Funds since the August 13, 2013, Court Decision Cost December Cumulative Yucca Mountain Licensing Activities Estimate Expenditures Expenditures Completion of the SER $8,310,000 $0 $8,364,877 Loading of Licensing Support Network

$350,000 $0 $277,670 documents into a nonpublic ADAMS library Loading of Licensing Support Network

$1,100,000 $0 $1,142,745 documents into a public ADAMS library Development of the Environmental Impact

$2,000,000 $0 $1,579,256 Statement supplement SER wrap-up activities $100,000 $0 $53,548 Knowledge management reports $700,000 $0 $657,142 Program planning and support $1,315 $498,965 Response to the August 30, 2013,

$0 $137,518 Commission order Federal court litigation* $251 $267,345 Support and advice in NRC proceedings $0 $37,089 Subtotal, other support costs chargeable to $825,000 $1,566 $940,917 NWF funds Virtual meeting of LSNARP and information-gathering about potential adjudicatory hearing $135,000 $0 $104,448 venues Adjustments to close out contracts funded by

$0 ($13,761) previous NWF appropriations Total $13,520,000 $1,566 $13,106,842

• Includes a $59,000 expenditure in May 2014 for the agencys agreement to settle the Equal Access to Justice Act claim of one of the Aiken County petitioners. On October 23, 2014, the Court of Appeals for the District of Columbia Circuit denied the motion from other parties requesting reimbursement for attorneys fees.

The unexpended NWF balance of $442,473 includes $29,921 of unexpended obligations.

These unexpended obligations are primarily on contracts with the Center for Nuclear Waste Regulatory Analyses and on contracts related to the LSNARP virtual meeting.

Figure 1 shows the cumulative projected and actual expenditures. Projected expenditures include cost estimates shown in Table 1. The actual cumulative expenditures reflect costs through December 31, 2018, as given in Table 1.

Figure 1. Nuclear Waste Fund Tracking Stakeholder Communications and Interactions There is nothing to report in this section for December 2018.