ML20154A376

Submits Comments on ACRS Subcommittee on Waste Mgt 880505 Rept, Below Regulatory Concern, & De Minimis, Concepts for ACRS Consideration.Rept on Nuclear Waste Regulation Encl

ML20154A376
Person / Time
Issue date:	06/27/1988
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Fraley R Advisory Committee on Reactor Safeguards
Shared Package
ML20154A368	List: ML20154A364 ML20154A371 ML20154A376
References
FOIA-88-413 NUDOCS 8809120185
Download: ML20154A376 (49)

Text

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? t, UNITED 8TATES 2

S' 3 NUCLl!AR REGULATORY COMMISSION

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'a  ! wAssiNoTow. o. c. roess g .....,/ June 27, 1988 MEMORANDUM FOR: Raymond Fraley, Executive Director Advisory Committee on Reactor Safeguards

• FROM: Victor Stello, Jr.

Executive Director for Operations

SUBJECT:

ACRS SU8 COMMITTEE REPORT ON "8ELOW REGULA10RY CONC AND "DE MINIMIS" CONCEPTS

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- Your letter of May 11, 1988 transmitted the ACRS Subcommittee on Waste 5 Management's May 5, 1988 report on the above subject. r Given its substanc'e and pertinence, the staff has immediately reviewed the report and submits the following comments for the ACRS's consideration.

The staff has found the Committee's report to be based on a sound understandin of the complexity of the task involved in establishing a BRC level (s). The value judgments under consideration are subject to wide, at other U.S. regulatory agencies and by international regulatory groups. The following comments address the Subcommittee's report on a sequential basis -

beginning with the responses to questions in SECY-88-69 and carrying through to the comments of M. Steindler.

Issue No. 1: Efficacy of-generic vs source specific BRC levels.

The Subcommittee strongly recommended addressing this matter on a generic basis and listed three advantages to this approach:

(1) the desire to set down basic criteria and approaches, (2) the formulation of a consistent point of departure for individual "source" or "practice" determinations and (3) the avoidance of

_ individual BRC rulemakings for each source or practice.

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The staff agrees with these advantages but points out that their value is strongly dependent on how BRC levels are characterized (i.e., issue 2). The staff believes, and the Subcommittee appears to agree in response to issue 4, that an appropriate BRC level for a range of classes of sources and practices requires the application of optimization evaluations (i.e., cost vs risk reduction analysis). Such analysis involves consideration of collective (population) to another. dose which the staf f believes can vary from one class of practice The staff is pursuing a "generic" apprnach which included a three-tiered graded-approach to individual BRC dose and considerit. ion of

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appropriate population doses.

With this definition of "generic basis," the advantages listed by the Subcommittee can be achieved.

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2 Issue No. 2: Expression of BRC levels.

The Subcommittee believed that the BRC level should be expressed in, terms of health risk to an individual and listed several advantages to this approach:

(1) comparable treatment of all sources and practices, (2) comparability to "BRC" levels for other toxic substances and (3) avoidance of chcnges in BRC levels as a result of potential changes in the quantitative relationship between radiation dose and calculated health effects.

The staf f recognizes the validity of all the Stated advantages but is trying to avail itself of advantages 1 and 2 through the previously described graded individual dose approach to BRC determinations. With regard to the comparability advantage, it should be noted that regulatory decisions applicable to toxic chemicals appear to reflect consideration of collective -

(population) risk. The staff believes the rationale in these "toxic chemical r decisions" has merit and has attempted to factor in population dose in its proposed BRC policy.

Advantage 3 aay appear reai; however, if risk coefficients change cignificantly, the "measurables" actually used to establish and verify an activity would have to be changed irrespective of whether the BRC values were expressed in terms of dose or risk. Furthermore, by falling back to a risk policy, the NRC would be further separating the policy from the practical "measurables" which eventually must be defined. The staff is aware of potential changes being considered by the ICRP but does n?t foresee the likelihood of further significant (order of magnitude) changes in the commonly assigned relationship between dose and risk at low dose levels.

Issue No. 3: Definition of "sources" and "practices" The staff is in agreement with the Subcommittee's recommendations.

Issue No. 4: Definition of cost averted / risk ratios

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The Subcoenittee foresaw a need for optimization evaluations in the initial efforts to establish an appropriate BRC level for a range of classes of sources and practices. Once the 8RC level is established, the Subcommittee saw no need for such evaluations directed at specific sources or practices for which calculated risks fell below the established BRC level. The staff supports the view that once BRC level (s) are established, a cutof f for optimization 1 valuations is defined. However, the reason for pursuing a BRC policy involving a three-tiered, graded-approach to individual dose for specific classes of practices is to envelop a range of existing practices (i.e., ranging from exempt consumer products to license terminations involving ti-Th contaminated sites). The staff believes that the exemptions applied to these l decisions have been justified on "as-low-as-reasonably-achievable" arguments. '

The single BRC risk value alternative would appear to necessitate the need for

a number of potential exceptions to the general (generic) level because the optimum level for some practices could be significantly different from the general case.

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!ssue No. 5: Apptcpriateness of the linear non-threshold hypothesis This is a very controversial issue. The staff has varied opinions on this issue with a majority supporting the Subcommittee's view that no other approach is demonstrably superior. .

Issue No. 6: Definition of "de minimis" risk The staff agrees that NRC should concentrate its efforts on establishment of BRC levels. However, the staff is considering use of a cutoff level on individual dose below which such doses would not be summed in collective dose evaluations. The basis for this determination could include a "de minimis" population dose argument.

Staff Response to Additional Comments . h The staff has been pondering whether the issue involved here is "how safe is safe enough" relative to high consequence rare events or "how clean (risk free) is clean (risk free) enough" relativo to expected practices. The latter is the question often asked in the literature relevant to cleanup of toxic wattes.

' Someviewtoesafetyggalforlatentcancerfatalityriskatnuclearpower reacters (i.e. 2 x 10 latent cancer fatalities per reactor year) as being a ceiling on risk of exposur6 rather than a floor on tolerable risk. This issue remains open to be further specified when related to expected BRC practices (which exclude high consequence rare events),

j Consideration of all current practices would appear to confirm the

Subcommittee's view that an appropriate ERC limit on individual dose would assure acceptable collective doses.

However, the staff concern in this area is j

with potentially widely distributed consumer products, exempted from regulatory control under an individual risk (dose) BRC policy without a guideline on population oose. An alternative, which the staff may consider, would be to incinde in the policy a provision that the need to assess potential population

_ doses associated with any new "exempted" practice to made on an ad hoc basis.

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l On the subject of BRC comparisons, health risks have been calculated and comparison to ambient (outdoor) nateral background radiation can be made as i suggested.

The staff also agrees that evaluation and validation of "pathway" modelt under a

a range of individual exposure scenarios is extremely important and that uncertainties must be considered. BRC determinations wMch include consideration of a radionuclide's half-life would seem to be necessary ar.o can be factored into a policy which considers collective (population)-dose.

The Subcommittee's @ suppo7t3 comments on future BRC policy reexaminations arevalidandthestaffkaCommissioncommitmentonthissubject. Finally, the staff could also support a 10 8 per year fatal cancer risk as a suitable goal for most BRC practices.

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_ Staff Responses to M. Steindler Memorandue

The staf f is in full agreement with the goal to develop a thoughtfully developed internationalU.S. position in (possibly October. an options paper) for presentation at the workshop applicable principles defined by M. Steindler.ThePrinciple staff contemplates I.D., as using,most of the Mr. Steindler although some indicates, variationwouid of I.G.most mightlikely be used.not be considered a cogent argument, is unsure of the applicability of principle I..'. As stated previously, the staff Finally, as stated previously, the staff believes that an individual dose on the order of 10 mrea per year (s 2 .* 10 8 could be suitable as a basis for sons BRC determinations.However, annual latent cancer fatalit the staff is strongly considering the desirabil ty of including, within the BRC policy r

- provisions justified. through which both higher tod lower individual dose goals ety ,be r The staff is approtiative of the forum presented to discuss the BRC issue with the Subcommittee.

The staff's commente in this memorandum have been submitted eith the intent of developing an effective and reasonable Commission policy.

'Driginal tigt.e3 ty

$1stor Ste11e Victor Stello, Jr.

Executive Director for Operations

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NUCLEAR WASTE REGULATION O

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NUCLEAR WASTE REGULATION CONTENTS I

f. alt HIGH-LEVEL WASTE PR0 GRAM.................................... VI 4 Program Goa1............................................ VI-5 >

Program Planning Assumptions............................ VI-5 Program Objectives and Guidance......................... V!-8 Program Elements and Activities......................... VI-13 High-level Waste Repository Licensing (Program E1ement)................................... VI-13 NWPA Regulatory Requirements and Technical r Guidance (Activities)............................ VI-15 L Technical Licensing Assessment Reviews Capability)for (Activities ................... Repository VI-18 i Quality Assurance (Activities)..................... VI 19 l Site Characterization Review (Activities).......... VI 20 Independent Spent-Fuel Storage and Monitored l Retrievable Storage Facility Licensing (Program l E1ement)............................................

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Monitored Retrievable Storage Licensing (Activities)..................................... VI-22 Spent Fuel Storage Licensi c (Activities).......... VI-23 Spent Fuel Storage Inspection (Activities)......... VI-23 VI 24 LOW l.EVEL WASTE PR0 GRAM..................................... VI-25 Program Coa 1.............................................

Program Planning Assumptions............................. VI-26 Program Objectives and Guidance.......................... VI-28 Program Elements and Activities.......................... VI-30 Low-Level Waste Disposal Licensing and Inspection (Program Element)................................... V!-30 Develop and Implement Low-Level Waste Regulatory VI 31 Framework (Activities)............................. VI-33 Develop and Implement Inspection (Activities)......

Provide Technical Assistance to Agreement States V! 33 (Activities).....................................

Conduct License Reviews for low-Level Waste V! 34 Facilities (Activities)..........................

Uranium Recovery Facility Licensing and Inspection (Program E1ement)................................... VI 35 Uranium Recovery Licensing (Activities)............ V!-36 Uranium Recovery Facility Inspections (Activities). VI-36 Uranium Mill Tatlings Remedici Actions (Program VI 37 E1ement)............................................ VI-38 P.eview 00E UMTRCA Actions (Activities)............. VI 39 Decommissioning (Program Element).....................

Decommissioning (Activities)......................., VI 41 VI-i

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NUCtEAR WASTE REGULATION M!$5l0N AREA (Constant FY 1988 dollars in thousands; staff in full-time equivalents.)

FY 1988 FY 1989 FY 1990 FY 1991 Q 1992 FY 1993 Program Sepport 5 9,313 $ 10,005 5 10,950 $ 10,450 $ 10,450 $ 10,450 399 455 460 489 478 478 Travel (Staff) (141) (140) (141) (137) (143) (143)

This mission area encompasses all NRC public health and safety li-censing, inspection, and environmental reviews for the safe manage-ment, storage, and disposal of high-level radioactive wastes (including spent fuel); the safe management and disposal of low- .

level radioactive wastes; i and uranium recovery activitiest and related remedial actions. In addition, Nuclear Waste Regulation includes the establishment of an integrated agency program for the decontamination and decommissioning of nenreactor-materials licensees: facilities and sites associated with NRC licensed activities.

Activities in this This mission area are is mandated by the Nuclear Waste Policy Act (NWPA) of 19J2, the Nuclear Waste Policy Amend-eents Act (NWPAA) of 1987, the Low-Level Radioactive Waste Policy Act (LLRWPA) of 1980, the low-level Radioactive Waste Policy Amend-ments Act (LLRWPAA) of 1985, and the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978.

The RWPA specifies a detailed approach for the long-range under-taking of high-level waste disposa12with the Department of Energy (00E) having operational responsibility and the NRC having regula-tory responsibility. This undertakinj involves a complex, integrated system of waste handling, transportnion, interim storage, and VI-1 DRAFT 6/29/88 FYB9-93 FYP/KnR

v.tfu 45*! 8ECU'.A"0N I-ultimate deep geologic disposal of high-level radioactive waste, requiring a high certainty of acceptable health and environmental impacts over thousands of years.

The WPAA directs 00E to characterize only one candidate site, the Yucca Mountain site in the State of Nevada and to terminate site specific activities at all other candidate sites, it also creates an Office of Nuclear Waste Negotiator to identify a state or Indian tribe willing to host a Monitored Retrievable Storage (MRS) f acility or high level waste repository, and it establishes a Nuclear Waste Technical Review Board and an MRS Commission to review COE's program and report to Congress.

The LLRWPA makes each state responsible for providing for the dis-posal of low-level waste generated within its borders The LLRWPAA gives NRC responsibility for defining low level waste, licensing the Federal disposal of commercial low-level waste greater than Class C l (as defined in 10 Code of Federal Regulations (CFR) Part 61),

l granting states and waste generators emergency access to non Federal disposal facilities, providing regulatory guidance on alternatives '

to conventional shallow-land burial, ensuring that license reviews can be completed within 15 months, and expeditiously addressing petitions to declare wastes that-westesbe deciered below regulatory Concern.

The UMTRCA directs the NRC to develop regula. ions and to license the disposal of mil) tailings from licensed uranium mills. Congressional action has directed that the NRC regulations be amended to conform to the Environmental Protection Agency (EPA) standards for both radiation and groundwater protection. The UMTRCA directs NRC to approve licensee mill tailings disposal plans, to review and concur in the site-by-site implementation of the 00E program for mill tailings remedial actions, and to license 00E possession of these sites.

VI-2 ORAFT 6/29/68 FiS9 93 FYP/wR

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. NUCti0 ea5'E REGULA?!0N i i

I This mission area is composed of two major programs: High Level

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Waste and Low-Level Waste. Tnese programs and their resources and activities for the next five years are described below. The research conducted by NRC's Office of Nuclear Regulatory Research contributes j l I to the technical basis for NRC nuclear waste regulations and licen-sing decisions, and is described in the Nuclear Safety Research mis-i sion area.

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. M CLEAR ta57! REGULATION e n,.. a ;e a nte 0 *ov sn HIGH'.!vELWAS*EP40G#3 This program is designed to ensure the effective and efficient discharge of NRC's responsibilities under the NWPA and WPAA. In the absence of unresolved safety concerns, this program will not delay imple. t entation of the Executive branch's program. This program is composed of two major elements: High Level waste Bisposal Facility Repository Licensing, and Independent $ pent-Fuel Storage and Monitored Retrievable Storage Facility Licensing.

In FY 19681989 through 1992 1993, the High-level Waste program will focus on DOE efforts to characterize the Yucca Mountain site as directed by the WPAA.

The enooina, reactive activities This program will include the review and i

evaluation of a draft-site charteritatien-pian-and a 3 statutorily required site characteritation plan (SCP), the review and comment on the $CP semiannual precress reports, the deveiepment of review plans for surface testing; the sinking-of-expieratory shaftsi-subsequent-in site-testing-st the site; and-review-ef 99E's license-applientient review and comment on approximately 100 study plans associeted with the SCP, on site reviews of selected site characterization activities and data, and review and comment on selected reports which document the results of site characterization, and en semi annesi progress-reports fst-tne site; and-the eversight-of 96E's quality assurance ef-site characteritation activities, include,ing the development of a quality assurance technical position, reviews of 00E cuality assurence plans, finai guidance and audits of DOE activities. The ongoing proactive activities program will centinue to focus on the development of the License Application Review Plan, technical positions, and rulemakinos to provide timely guidance to DOE and en reseistien-of issues well in advance of DOE's submittal of a license application for repository construction (early 1995). Ef forts will also continue in developing t3 rethods and assessment capability medtis-and cempoter codes necessary to independently review 00E's license application. t V! 4 ORAFT 6/29/88 FYE9-93 F)P/NWR l

NUCLEAR a:i'E REGULAf!CN

"';* .+.e' e44.4 C**;ete 99E's-Missien Pian- Amendment;-seemitted te Eengress in dere-1987 siipped the ente fer 44 cense-appliettien for-the first repositery-ey five yearst te*1995 -The imoret-of-the new-legisistien en this-date ane-tee semedeie for-ether 90E activities-is eneertaint-since 96E has met issced a aew-Missien Pian to implement the new-legisiation.

Bet issues s draf t $tP fer-the-Vecca-Meentain site en-innesty 3, 1988; sed plans te-cendeet teemnicai werksmens with affected parties t>,reagh April-1988 and to centinne-serf ace testing-st-the site.

Based on comments received en-the-draft SEP and the additionai site informatien actaired 60E pians te-issee-the state terity-required SEP-in-FY-1989.

Planned resource expenditures for this program are:

FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FY 1988 5 7,535 5 8,650 $ 8.450 $ 8.350 $ 8,350 Program Support 5 7,508 (74)

(76) (76) (77) (73) (74)

(Staff)

The funding increase in FY 1990 is to develop staff technical positions en potential licensing issues, to develoo a technical _ licensing assessment eaganility for repository licensing reviews, medeis and codes; and to conduct audits of DOE's quality assurance programs.

PROGRAM GOAL

• Conduct a high level waste repository regulatory program that provides 00E with necessary guidance; identifies and resolves major licensing issues, as early as possible; and enables the Commission to carry out its responsibilities contained in the NVPA, the NWPAA, and any subsequent legislation, i PROGRAM PLANNING ASSUMPTIONS

• The overall high-level waste repository program will proceed according to the basic process established by the NVPA, as VI 5 CRAFT 6/29/88

' FY83 93 FYP/NiR

4' NUCLEAR ba5?! REGutATION w8;- .e.o* .9s*.+ 8 ec im amended, in which 00E issues an SCP s and epdates p coress reports for NRC and state and tritti review in an iterative process leading to a decision to proceed with repository development.

• Preactive work based-en NRE initiat4ves ferms the base program essential-to the eveiscement of-the regulatory framework-end ,

guidance-necessary-to rt.selve 44eensing issues before 96E sebmits-a-repetitory appiicatien?-This preactive work on istne rescintien wili-be creeini for the NR(-te-eeet-the NWPA-mandated three yesr iicensing-review;

• NRE reactive work-(activities generally dependent en 96E site-specific efforts-and predeets) wiii have-to be-accomplished at the expense ef-preactive work dering-review of-major-96E pregram decomentation-in-FY-1988 1989;

• Te scermmedate-the current-BSE tehednie for-finai-SEP release in FY-19891 the-NRE-wiii-devote major effert-dering FY 1988 te-review and-ce ment-en the-draft-SEP 4: seed-by 96E-in danetry-1988;--Werk wiii-centineet heweveri-en-reviewing study-pians-and sediting tsseeisted field activities Werk en NRE preactive-initiatives wiii proceed enly-to the-extent that-resecrees-permite

• 00E will issue a formal SCp for the Yucca Mountain site in FY 1989 for NRC review._

• DOE will issue approximately 50 M study plans for near term work, primarily related to surface testing and emploratory sh ft activities, during FY 1988-1989. and the first gearter ef Fv 1989: Subsequently. DOE will issue approximately 50 B additional study plans for later-term work such as in situ testing. .

VI 6 CRAFT 6/29/08 FYS9-93 FTP/WR

NU;5 Eat cal?E 2ET,Uta*iCN k'1* ,e.9 1 allte O'Sq*W

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• Bering FY-1990 1992; the program wi44 feces en and researces wili-be-devetee primarity te the preactive initiatives rd empiccoment-of the regeistory framework and guidance NRC staff initiatives and petitions for rulemakings will result in an average of t.o rulemakings psr year being undertaken during FY 19901992; 199L

• The ef fices ef Necitar Meteriai Safety-and Safegeerds;-Neeiear Regeistory Research ame Generai-teensei-wiii coordinate weste management activities ieseiy-(incinding efforts to streamline and f acilitate the repetitory-licensing process) to ensure ef-ficient and effvetive program pianning eperatiens and products (e:g 1 the interactive-and centerrent deveiepeent of the Office ef-Necitar Materiai-Safety and 5sfeguards review-plans fer-repetitory-licensing 1 and the-deveiepment of the-6ffice-of Hecitar Regeistory Research standard format and-centent guide-for-the iicensing spplication);

• The State of "evada will become increasingly intersctive with hRC's high-)v t1 waste program. The state also will conduct extensive asser eents of 00E's waste management activ' ties at the Yucca Mountain site, including independent site investications.

• NRC actions required under the NWPA, the Atamic Energy Act, the National Environmental Policy Act, the Energy Reorganization l Act, and other applicable legislation will be interpreted narrowly and will not encompass broad oversight of the entire l

NWPA implementation (e.g. , review of 00E site ranking sitino decisions anc met 5cdology. Cost and schedule considerations).

' There will continw. to be a wide span of jurisdiction and interest in the nation's high level waste management program, and interagency agreements (e.g. , between 00E and the Mine Safety and Health Administration or mine safety requirements, l

1 and between 00E and the National Academy of Sciences on.over-i sight) will not impair the execution of NRC's regulatory 1

' responsibilities.

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d' NUGEAR LA$7[ RE0A A?!ON wi;- . .,' .n a. o -: i-

• B6E wiii pretted with the defense wsste pregram-feigt: Heeferd high ievel waste tans.s);-ent no NRE researces wiii be rencired for this program dering-FV 1988199t;

• Congressional clarification of the NRC role in reQulating defense waste discesal or 00E's selection of the defense waste disposal technology could result in significant NRC efforts in this area, possibly as early as FY_1990. This plan does not include resources for such activities.

An Menitered Retrievable Ste-age $ f acility application is not likely to wiii met te submitted to NRC before FY 1994. ,

during-this five year pienning peried;

• Utilities will continue to expand onsite storage of spent fuel coontrant that an MRS facility may not be available under the terms of the WPAA, until approximately 2000, at the earliest._  ;

Addittenal spent fuel storage capacity at reactor sites can te achieved by dry storace in the early 1990's (1991 1993).

• The Center for Nuclear Waste Regulatory Analyses (CNWRA), a Federally Funded Research and Development Center, will_

' centinue to provide limited technical assistance to the NRC in FY 1989 and will be fully operational by in FY 1989 1990. '

l te provide the necessary-technical support to ensere the timeliness-and quality of NR( predacts; j I

• The NRC staf f will be required to interact with the Of fice of the Nuclear Weste Negotiator, the Nuclear Waste Technical Review Board, and the MR5 Commission created by the NWPAA.

i PROGRAM OBJECTIVES AND GU10ANCE i

1. Ensure that the NRC has a high level waste regulatory program '

that meets statutory timeframes for NRC actions, as dict'ated by 00E schedules, and provides for the proper siting, design, construction, and operation of a high level waste repository by V! 8 CRAFT 6/29/83 F)S9 93 FYP/WR

i 1 NUCLEAR dASTE RE R.A*:0N 4; .e.e e nte ; t; r 00E; and the safe closure of, prevention of inadvertent human l intrusion into and reasonable assurance of tne long term performance of the repository without the need for active maintenance by 00E.

4. The NRC will continue the current program to establish a technically sound and usaole system for definition and t,stegorfration of wastes,

b. The NRC will continue the current program to develop the regulatory framework and license appitcation rnview ca-pability for determining whether barri6rs in the reposi-  ;

tory system perform satisfactorily in providing reasonable assurance of waste isolation,  !

c. The NRC will continue the program to conduct preapplica-tion reviews of the 00E high level waste program to ensure that it provides timely regulatery guidance on technical ,

issues and timely identification and resolution of issues, f

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d. The NRC will continue an active program of interaction and l

cooperation with the State of Nevada, affected Indian tribes, and interest groups, j l

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e. The NRC wi11 interact with the Office of Nuclear Waste Negotiator and with the Nuclear Waste Technical Review Board, as necessary._

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f. The NRC will continue to examine and streamline the re- I pository licensing process. l l

The staff will investigate and recovend to the Commission j g.

l eethods to facilitate the licensing of the high-level waste repository.

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NUCL[ae HASTE Recut.ATION

• iem .o.e1 waste 3 ec*aa

h. The NRC will deveiep sed irrplement 4 Quality assurance r requirement /guidar.ce cased on lessons learned from reactor licensing that will result in adequate quality assurance by CnE.

l. Proactive work based on NRC initiatives forms the base proQram essential to thG emplacement of the requiatory

' framework and guidance necessary to resolve licensing issues before 000 submits a repository application.

This proactive work on issue resolution will be crucial  ;

for the NRC to meet the NWPA-mandated three-year 1*censine review. However, NRC reactive work (actj,vitiescenerallydependentonDOEsitespecific efforts and products, e.g. review of SCP) will be accomplished at the expense of proactive work to the extent that available resources are inadequate to .

accomplish both reactive and proactive wotk.

j. The offices of Nuclear Matwrial Safety and Safe-quards, Nuclear Reculatory Research and the Geeeral Counsel _

will coordinate waste management activities closely (includiro efforts to st te and facilitate the repository licensing t 3,fg. to ensure ef ficient and ef fective prograr ;g , operations and products (e.g., the interactiv ,oncurrent development of the Of fice of Nuclear Material Safety and Safeguards review plans for repository licensino, and the develop-ment of the Of fice of Nuclear Requlatory Nesearch standard format and content guide for the licensing application).

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k. If it becomes clear that the NRC cannot maintain its l schedule to review I high-level saste repository site l I

proposed by 00E, because of insufficient resources or other factors, the staff will promptiy inform the * [

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• NUCt,iAR da5*! REGUL,A?!0N l*

.e.e oute 0 e;*ta Conttission so that the required notification of 00E and the Congress can ce made.

1. System development required to support programs to is-plement the N'mPA, as amended, is the responsibility of DOE and will not te duplicated by the NRC. The NRC will continue its technical program to support the development of licensing criteria and evaluation methods, and the early identification and resolution of technical and quality assurance or control issues,

m. The NRC staff will review the existing and proposed regulations that are addressed by the NWPA, and make conforming changes as necessary. It will formalize the procedures for documenting agreements between the NRC and 00E staffs on the r. solution of technical issues in ,

advance of the lftense review,

n. The NWPA has established that nuclear utilities have the primary responsibility for interim storage of spent fuel, pending repository operation or availability of sonitored retrievable storage. The NRC should review utility pro-posals for adding spent fuel storage capacity in a timely manner, consistent with safety and leg 41 requireeents. In the absence of unresolved safety concerns, regulatory actions should not unnecessarily affact reactor operation.

The NRC must also be prepared to conduct licensing reviews, specified by the NWPA and NWPAA, for limited Federal interim storage capacity of spent fuel that may be proposed by 00E, The staff Office of Nuclear Material Safety and Safeguards will continue to provide technical support to t,he Office of iuclear Regulatory Research for rulemaking that would, to the extent practicable, enable use of dry spent ftiel storage casks, without site-specific licensing reviews.

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2- WChiat TASTE REcutATION

.e.e' neste crecesa review 00E siting

o. The $ staff will consult with 00E and preliminary cesign activities and 86E en technical siting criteria and with the for an MRS temmissient as-needed; facility, and interact d th the MR$ Commis-tion, as appropriate.

p. The NRC will develop and implement an inspection program using technical teams and inspection techniques based on lessons learned frca reactor inspections to support the review of the high-level waste repository from site char-acterization through construction, operation, and closure.

! q. The staff wili-continne-te ceerdinate its-offerts with these ef 96E-te define the requirementa for a licensing 1

information-management system-to be implemented by HE in-seppert-ef* 'igh level weste-repository constree-tien-authoritat o evitw; The staff will identify its needs-te-90E-se that-the-NRE will not develop a reden-dent system?

The Office of Nuclear Material Safety and $afeguards will continue to provide technical assistance and support to the Office of Administration and Resources Management for the transitional licensing support system.

l

2. Ensure that the NRC has an integrated approach to waste man-agement 50 that waste geseration activities continue to be that-ire consistent with safety and environmental protection, will contineer l

l

a. The NRC will continue activities programs that allow early ,

l identificationandresolutionofjurisdictionalissues I

with other ager,cies and authorities (such as EPA and 00E, regarding the Hanford high level waste tanks).

l

b. The NRC will continue the current efforts pregram for early out reach to other jurisdictions, interested parties, and V!-12 CRAFT 6/29/88 FYS9 9) FYP/hMR f

• NUCtEAR WASTE REGUtAi!ON

'd

-  :- .+.0i'milte Dege3n e-waste generators to understand their interests so that issues can be identified and resolved in a timely manner.

c. The NRC will continue monitoring the 00E system for in-ventory and forecast of waste generation to enable timely and adequate waste management and early warning of capacity problems.

d. The NRC will continue to maintain an awareness of possible delays in waste disposal programs so that safe interim alternatives to disposal can be identified and developed.

PROGRAM ELEMENTS AND ACTIVITIES High-level Waste Repositors '.icensing (Program Element)

This program element comprises the NRC's licensin2 and inspection of the high-level waste repository. To fulfill this responsibility, without causing costly delay or rework in the DOE program, early, ongoing interaction and prelicensing consultation is necessary between the NRC and 00E. In orrier to provide for an effective and efficient licensing process, the NRC must develop compliance demonstration methods to permit an independent determination of the adequacy of DOE licensing information to meet NRC requirements. The NRC also must provide guidance to ensure that the DOE program provides essential and acceptable data; provide onsite overview of activities; identify and resolve issues; and review and evaluate 00E submittals.

To ensure the long-term continuity and freedom from conflict of intarest of its technical assistance and its research contractual support, NRC has established and is the sole sponsor of the CNWRA, a Federally-funded research and development center. The CNWRA's charter is limited to NRC's specific needs as related to the high-level waste program under the NVPA and NWPAA. The mission of VI-13 ORAFT 6/29/88 FY89-93 FYP/NWR

a

' NUC'.E AR aA5'E REGULATION dia- .+.+' anste oa:caim the CNWRA is to provide sustained high quality supportive technical assistance and research free from conflict of interest over the long duration (20 years) of the program. The CNWRA will use a F> stems approach to optimize the contribution of all its activities and resources to support NRC's licensing decisions and recommend research to reduce the uncertainties affecting those decisions. The CNWRA was established in FY 1988 and will be felly operational by in FY 1989 1990.

It will provide support, under NRC direction, for NRC activities related to geologic repository and monitored retrievable storage facilities, transportation, and environmental and other activities associated with the storage and disposal of nuclear waste under the NWPA and NWPAA. More specifically, the CNWRA ill: (1) provide expertise and timely advice and recommendations to the NRC to enable judicious and timely program decisions; (2) provide timely advice and recommendations to the NRC concerning technical problems and solutions, significant technical advancements, applicability to NRC's program, and integration of such activities with the NRC program; (3) conduct a program of regulatory research to provide technical support to NRC's regulatory decisions under the NWPA and NWPAA; and (4) provide technical assistance to the NRC in activities that cut across all elements of the waste management program, including quality assurance and performance assessment. A description of the regulatory research accomplishments can be found in the 86cnfirming Safety-ef "Nuclear Waste Disposal Research Program."

As a result of the NWPAA repealing requirements for a second repository, no NRC resources are allocated for a second repository.

Planned resource expenditures for this program element are:

FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FY 1988

$ 6,945 $ 8,000 $ 7,750 $ 7,650 5 7,650 Program Support $ 7,108 (69)

(69) (70) (70) (68) (69)

(Staff)

VI-14 ORAFT 6/29/88 FY89-93 FYP/NWR

NUC ear G E REGULAT!ON W - .e.4' a n '. 4 3coccin

^

The funding increase in FY 1990 is to develop staff technical positions on potential licensing issues, to develop a technical licensing assessment capability for repository licensing reviews, medels-and-codes; and to conduct audits of DOE's quality assurance programs.

NWPA Regulatory Recuirements and Technical Guidance (Activities)

1. The NRC must provide appropriate and timely regulatory guidance to 00E to ensure that potential licensing issues are identified and resolved in a timely manner and that 00E provides complete ar.d high-quality information required by the NRC for licensing.

T hi e, is necessary to provide reasynable assuranc.e that 00E's license apolication can be reviewed within the three-year tims period mandated by the NWPA. Staff technical positions are developed to clarify the meaning of certain requirements of 10 CFR Part 60 or describe what must be proven to .

in addition--the-NRE-wiii previde gaidance te-BGE-en-methadeiegies-for demonstrateing-compliance with the NRC regulations. The NT.C will continue to develop staff technical positions each year on subjects identified by the NRC as potential repository licensing issues. These petentisi iicensing-issees-not addressed-in-staf technicai positions-er-relemakings-before-receipt-of-80E's-appli-cation-wiii-be deferred-to-the-iieensing-hearing process. During FY 1989-1993, the NRC will prepare aeoroximately 25 staff technical positions. Some of these positions will be incorporated into the d cense Application Review Plan while others will be further developed into rulemakings. (Program Guidance 1.b.

1:c- 1.d M , 1.1, M , 1.m 2.b) 2: Bering-the-first quarter-of-FY-1988;-the-review plans-for-the draft-SEP-and-essociated-decements-wiii-be-complete.d:-in-late FY-1938;-the-review plan-for-the-final-SEP-wili-be-cempleted:

Bering FY-1988-1992;-the-NRE-wiii-contince-te-deveiep-review plans-te-ensere-compliance-with NRE regeistions-and for-staff ese-in-reviewing-88E-repository related-decements:--(Program Guidance-1:b1-1:3--1:9 VI-15 DRAFT 6/29/88 FY89-93 FYP/NWR

. NUCLEAR WA57E REGULAi!ON kier .0,o' ante Precram 4- 2. In FY-1988-1992. FY 1989-1993, the staff will continue to provide technical assistance to and coordinate its ef forts l with those of the Office of Nuclear Regulatory Research for rulemaking activities concerning high-level waste management.

In FY 1988 1989, the NRC will initiate the review of the Waste Confidence Preceedings findinos which will be completed in FY 1990. In FY 1989, the-revisions of 10 CFR Parts 2, 51, and 60 will be revised to conform NRE-reguistions to NWPA and hVPAA requirements- including criteria for adoption of DOE's environmental impact statement and development-ef 44 censing procederes-to-meet-the-NWPA-schedeie-for:4rensing reviews;-wili-be-completed other measule,s to comp _1,y,with the National Environmental Policy Act (NEPA)., Ouring,FY 1989-1991, NRC will follow the development of the revised EPA standard in order to rapidly conform 10 CFR Part 60 to the revised EPA standard. During FY 1990-1992 1993, the staff will provide ~

technical assistance to and coordinate its efforts with those of the Office of Nuclear Ragulatory Research for the initiation o' an-average at least of two rulemakings per year based on stJff identification of repository licensing issues requiring resolution or 00E petitions for rulemakings seeking resolution of issues associated with implementation of 10 CFR Part 60. (Program G ui danc e 1. a . 1. b , 1. d , 1. f . 1.1, 1. j , 1. m , 2. b )

3----in FY-1988-1992--the-NR6-wiii-contince-to-censait-with the S t a te- o f-Ne v a d a;- i n di a n-trib e s-- and- o the r- ge v e rnme nt- age nci e s to-identify-and-resolve-iicensing-issues-for-the $igh-level waste-repository:-(Program-Guidance itd) 5- L Ouring FY 1989, the NRC will issue a preposed draf t standard format and content guide for 00E use in preparation of a licenst application for the high-level waste repository. The final standard format and content guide will be completed in FY 1992 1990. The-NP.6 wiii-alse-contince to-deveiep a-standard review pian-to assist the-NR6-staff-in-reviewing-80E's repository VI-16 ORAFT 6/29/88 FY89 93 FYP/NWR

NUCLE AR WS*E REGULATION

• "'; 9.e' at**.e 0* C sm .-

iicense-applicatien-and-to previde-a-streetered-framework-for regeistory-receirements-and-related precedores-and-criteria.

Revisiens-to-the-standard-review pian-wili-centince-threagh FY-1992--bafed-en-information-ebtained-dering-the-review-of the SEP-and-semiannesi progress-reports entii-the-iicense-applica-tien-is-sebmitted-ey-00E- (Program Guidance 1.b, ire, M )

6: L Ouring FY-1988-1992- FY 1989-1993, the NRC will continue to review and comment on 00E's amendments to the Mission Plan, the Project Decision Schedule (PDS), and other programmatic documents, as required, to ensure that NWPA and NWPAA statutory actions are completed and PDS-mandated schedules are met. Each year the NRC will continue to prepare the Quarterly Progress Reports requested by the Commission which summarize the progress for (1) seven key programmatic action items critical t_o a successful pre-licensing process, and (2) statutory actions required by NWPA and NWPAA. In addition, af required under NWPAA, the NR'.

will support the Technical Review Board and the Nuclear Waste Negotiator, as requested. (Program Guidance 1-b- 1.c 1.e, 2.d)

During

5. OurgFY 1989-1993, the NRC will continue to manage the CNWRA.

this period, the CNWRA will identify for each requirement of 10 CFR 60 the findings and other applicable Federal statutes and regulations:

needed to demonstrate comoliance with each requirement; the regulatory, technical, and institutional uncerta' ities; the information needed to reduce uncertainties; and the regulatory guidance and license review caeability needed. In addition to this activity, during FY 1989 the CNWRA will support the NRC's review of DOE's statutory Site Characterization Plan and study plans and will begin supporting NRC's The CNWRA develcoment of technical positions and assnsment methods.

phase-in will be comDiete by the end_of FY 1990, at which time essential all High-level Waste Program technical assistance will te performed thro _.

the CNWRA.

( Program Gui da_nce 1. b , 1. f . 1. t . 1. k , 1.m , 1. q , 2. a) i 1

VI-17 DRAFT 6/29/88 FY89-93 FYP/NWR

E NUCLEAR uA5TE REGULATION di;* *e.e'

. ant *.e 3- q-t-Technictl Assessmrit Caoability for Repository Licensing Reviews (Activities)

1. During FY-1988-1992- FY 1989-1993, the NRC will continue to develop review plans to ensure compliance with NRC requiations and for staff use in reviewing 00E repository-related documents.

During FY 1989. the NRC will update the Site Characterization Review Plan for use in reviewing 00E's semiannual SCP progress reports and to reference new staff technical positions as they are issued. Also, in FY 1989 the draft Study Plan Review Plan will be revised to reflect experienced gained in reviewing DOE's first study plans.

During FY 1989-1992, work will continue each year on a License Application Review Plan. A draft License Application Review Plan will be completed in FY 1990 and a final in FY 1992. Staff technical positions and license review methods will be incor-porated into the License Application Review Plan. Work will begin in FY 1990 on a Oraft Environmental Impact Statement Review Plan to identify the kind of reviews NRC should conduct as a commenting agency consistent with the amendments to 10 CFR Part 51 for NEPA review procedures. (Program Guidance 1.b, 1-c--ite- 1.1, 1.1_)

1: 2. In FY-1988-1992- FY 1989-1993, the NRC will continue to develop methods and a capability to conduct independent reviews of DOE's performance assessments of the geoiegic-repository systems-and subsystems-(e:g:- geologic setting, system, engineered barriers, Review capability may involve system; and waste repository design.

involve applying available models or codes, but ir certain selected areas NRC will develop its own methods, models or codes. This review caeability will be used to evaluate 00E's site characterization activitie as well as DOE's license application, package-sebsystem)-and to-ensere that-90E-systems-and subsystems compiy-with-NRG-regelations:--NRE's review-capability-involves-the development-of-methodoiegies-to-reseite VI-18 ORAFT 6/29/88 FYS9-93 FYP/NWR

NUCLEAR WASTE REGULATI*N

' Hic '.e .e '

• n s t e D * :c- sn the-issee-of encertainty-in performance-assessments-fer-scenario screening;-mecei-vsfidation/verificatien--and-data-and psrseeter vaines-for-appiieation-in-five techaical-aressr--hydregeef egy-geechemistry- geelegy/ geophysics--materiais-science;-and design / reek-mechanies:-Modeis-end-computer-codes-needed-to i mpl eme nt-me t h e del e gi e s - f o r- th e- re v i e w- e f- 88 E's- si te charac te ri t a ti e n- ac ti v i ti e s - ar.d- f e r- the- re v i ew- of- the high-leve4 waste-repository-iieense-appiicatien-wili-be deveieped-each year--as-needed: (Program Guidance 1.b, i:m, l.: I.i 1..1)

Quality Assurance (Activities)

1. During FY 1989, the quality assurance staff technical position will be completed. In FY-1988-1992 FY 1989-1993, the NRC will evaluate the 00E quality assurance plans and their implementation.

the-NRE- wil l- c o n ti nn e- to- d e v ei e p-i nte r nai- gui dance- f o r- N RC- s ta f f evaiention-and-eversight-of-88E's quality-asserance program-for site-characterization-activitiest-ineinding plans-for-sedit and review-ef-88E program-decements---in-FY-1998;-the-NRE will compiete-the-deveiepment-of-fermai geidance-fer-BOE teality asserance: The oversight of the 00E waste program and the audit of a sample of DOE and 00E centractor quality assurance programs for site characterization will continue each year, in-FY-1988; the-staff-expects-to-condeet-five-aedits-of 80E's-high-level waste repe'sitory program: Ouring FY 1989-1993, NRC will comolete a minimum of seven cuality assurance audits of DOE's high-level waste recesitory program each year._ Theobjective of these audits is to identify and resolve concerns with DOE's program before significant data collection activities are per-formed during site characterization. Bering-FY-1989--seven sedits-wili-be-eendected;-and-Bering FY1990-1992-twelve-sedits wili-be-condected each year: (Program Guidance 1 f;-1 g; 1:4

& 1.c, 1.h, 1.1, Q ) .

VI-19 ORAFT 6/29/88 FY89-93 FYP/NWR

4 NUCLEAR WASTE REGULATION wi;- '.e.e* *isto Pacerim Site Characterization Review (Activities)

1. In FY 1989 00E will submit am the statutorily required SCP on for the Yucca Mountain site to the NRC for review and comment.

fer-the-Yecca-Meantain-site The SCP will describe describing the characteristics of the site, the conceptual design of the repository, the waste form and package design, and the plans to collect the information needed for licensing. 88E-released a-draft-5EP-daneary-8-1988--and within-4-menths--the-NRE wiii review-and provide-eemments-to 88E-en-the-draft-SEP:--After-censideration-ef-the-eemments--88E-wiii-issee-a-statutory-SEP in-FY-1989--and tThe NRC will complete the review of this document and prepare a comments on the exploratory shaft within 3 months and a Site Characterization Analysis within 6 months af ter the SCP it is accepted for review. Each M SCP (draft-and-statutory) is expected to contain approximately '

7,000 pages of text, plus more than 4,000 page. of essociated documents. NRC's reviews of the SCP will determ'ne the extent to which DOE's plans and activities will provide the information needed for licensing and the significant adverse effects, if any, of DOE's planned activities on the waste isolation capabilities The SCP of the site or other sita characterization activities.

will be updated semiannually by DOE and reviewed semiannually by the NRC until 00E submits a license application. NRC's review of the semiannual SCP progress reports will focus on: (1) new information about the site and designs, (2) new issues and plans to rssolve them, and (3) changes to the original plar,s and schedules. (Program Guidance 1. c , y, 1-h , 1.1, M, Q, 2. d)

2. During FY 1989 1991, 00i will issue aporoximately 100 study plans _

that are the detailed clans and procedures that implement the SCP.

During FY 1988 and-the-first quarter ef F1-1989---FY-1989, 00E plans to issue approximately 50 30 study plans for near-term work VI-20 ORAFT 6/29/88 FY89-93 FYP/NwR

. NUCLEAR t!A5TE REGULAT!GN v _e..e1 waste Pree m primarily related to surface testing and exploratory shaft testing. Subsegeently- In FY 1990, 00E will issue approximately 50 mort study plans and in FY 1991 approximately 20 study plans for later term work such as in situ testing. NRC will conduct an acceptance and start-work review of all study plans issued by 00E, and will also conduct detailed reviews of a limited number (approximately 20%) of selected plans and technical procedures.

(Program Guidance 1.c,1.h,1.1)

3. Durino FY 1989-1993, NRC will conduct on-site reviews of selected 00E testing activities based en the data that is collected by 00E.

g addition, NRC will review selected 00E study reports and position papers which document the detailed results of DOE's work. Finally, NRC will review DOE's topical reports and issue resolution reports that summarize, integrate, and evaluate the site characterization work for individual topics and 00E issues (i.e. , restatements of the requirements of 10 CFR Part 60). (Program Guidance 1.c, 1.1),'

3- 4. In FY 1988-1992- 1989-1993, the NRC will continue the site liaison at the Yucca Mountain site in Nevada to facilitate direct information exchange with 00E and the State of Nevada and to provide quality assurance and technical review oversite of data, documents, and activities related to site characterization. (Program Guidance 1.d. 22 )

F Indeoendent Spent-Fuel Storage and Monitored Retrievable Storage Facility Licensin_g (Program Element)

This program element comprises the NRC's licensing and inspection of the safe interim storage of-high-level-radiesetive-wastes-by industriai iicensees at-iicensed-f acilities and the-safe-interim storage of spent fuel outside reactor f acilities spent fuel cools or at any monitored retrievable storage f acility that the DOE may pursue under the NWPAA. The monitored retrievable storage facility involves the receipt, handling, packaging, and storage of spent fuel VI 21 ORAFT 6/29/88 FY89 93 FYP/NwR

s NUC'.Ea dS E REGULATION w e.y.. efel aalte Noaram and high-leue). waste in a facility that permits continuous monitoring and ready retrieval for subsequent shipment to a per-manent repository. Under the NWPAA, NRC is responsible for licensing a monitored retrievable storage facility developed by 00E.

Planned resource expenditures for this program element are:

FY 1988 FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 400 590 $ 650 $ 700 $ 700 $ 700 Program Support $ $

(7) (6) (7) (5) (5) (5)

(Staff)

The program support-increases-in-FY-1989-and-FY-1996-are-for-spent fusi-stcrags-iicensing- resources for the fise year period FY 1989-FY 1993 remain relatively constant; fluctuations are attributed to licensina work load.

Monitored Retrievable Storage Licensina (Activities)

The Nuclear Waste Policy Amendments Act (NWPAA) of 1987 authorized 00E to site, construct, and operate one Monitored Retrievable Storage (HRS) facility under conditions specified in the act. These condi-tions stipulate that: inciede- (1) a three member MRS Commission (appointed by Congress) will stucy the need for an MRS and report to Congress by Jun't 1, 1989; (2) 00E cannot conduct site surveys until the MRS Consission's report is filed; (3) 00E cannot select an MRS site until it recossends a MLW repository site to the President; (4) construc-tion of the MR$ facility cannot begin until NRC authorizes construction of the HLW repository; and (5) the MRS storage capacity is limited to 15,000 metric tons and no more than 10,000 metric tons can be stored thaire before waste shipments to the repository begin. During FY 1988-1992 1989-1993, the i

NRC will consult with 00E, review 00E sitina and preliminary desian

' activities and criteria for an MRS f acility, and interact en-technical siting criteria and with the MRS Comtnission, as needed appropriate.

(Program Guidance 1.io) v!-22 ORAFT 6/29/88 FY89-93 FYP/NWR

i

' NUCLE;4 cA57E REGUL/ TION  ;

3 -- .e . ,' di s e D-:cr am Spent-Fuel Storage Licensing (Activities)

1. During FY 1988-19921989-1993, the NRC will complete the review and evaluation of approximately five seven applications each year for site-specific interim storage of spent fuel outside reactor pools and of topical reports for dry storage cask designs.

(Program Guidance 1.kn)

2. In FY 19889, the staff in the Office of Nuclear Material Safety and Safeguards will provide technical assistance to and coordinate its activities with those of the Office of Nuclear Regulatory Research for the development of a preposed final rule that would, to the extent practicable, enable the use of dry spent-fuel storage casks without site-specific licensing reviews. in-F Y-19891-i t wiii-contince-to provide-seeh-seppert-for-the-final-rale-(Program Guidance 1 kn)

3. In F f 1988-19921989-1993, the NRC will continue to closely monitor the 00E system with regard to inventory and forecast of waste generation to enable timely and adequate waste management and early warning of capacity problems. 00E publishes an annual report of spent-fuel storage requirements based on a survey of utility data and comments received from the NRC. The NRC also will continue to maintain awareness of any potential delays in the DOE wasta disposal program so that safe, interim alternatives can be identified and developed by the industry.

(Program Guidance 2.a. 2.b. 2.c, 2.d)

Spent Fuel Storage Inspection (Activities)

1. In FY 1988-19921989-1993, the NRC will continue to inspect spent fuel storage during the course of regularly scheduled reactor inspections. (Program Guidance 2.b)

VI-23 ORAFT 6/29/88 FY89-93 FYP/NWR

NUCLEAR A57E REGULAT!GN LC4 .4.4' a i t *. 0 DeccP3m e

LOW-LEVEL WA5TE PROGRAM This program is designed to ensure the effective and efficient dis-charge of NRC responsibilities under the LLRWPAA, the 'UMTRCA, and portions of the NWPA and the West Valley Demonstration Project Act.

This program is composed of four major elements: Low-Level Waste Disposal Licensing and Inspection, Uranium Recovery Facility Licensing and Inspection, Uranium Hill Tailings Remedial Actions, and Decommissioning.

From FY 1988 M89 through FY 1992 ,1993, this program will result in the licensing, by NRC and Agreement States, of approximately twelve six new low-level wasts disposal facilities. The NRC will support Agreement State efforts to a limited extent in accordance with joint NMSS/SLITP quidelines for responding to technical assistance request 3$ dated March 10, 1988. through-the-development-of guidence, technical-assistance--and program-review-and-wiii-license-ent-or mere-facilities-in-nen-Agreement-States. The NRC also will review topical reports on more than 20 waste forms ed containers for Class B and C waste and address approxime.tely etcht,five-to-ten petitions that various waste streams be declared beiow regulatory concern.

Over the five year period, through the Uranium Recclery Facility Licensing and Inspection, and Uranium Hill Tailings Remedial Actions program elements, NRC will assess M 31 active and 23 inactive uranium allis and mill tailings sites. This work will include the review and evaluation of approximately 70 te 75 new, amendment, and renewal applications each year for the active sites. Between FY 1988 1989 and FY 1990 1991, the NRC is scheduled to complete approximately 190 175 reviews, 45 inspections, and 8 4, licensing actions at inactive sites. .

VJ-24 ORAFT 6/29/88 FY89 93 FYP/NWR

NUC'.Ea8 wA5~E REGULATION

. 60. .e + ' an!*.e D-Occam The NRC decommissioning program is expected to develop guidance for decommissioning funding plans criteria and to review address approximately-750 decommissioning funding plans and financial assurance certifications for materials and fuel-facility licensees over the five year period. Review of decommissioning plans for power reactors will commence in FY 1991.

Planned resource expenditures for this prcgram are:

FY 1988 FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 Program Support $ 1,805 $ 2,470 $ 2,300 $ 2,000 $ 2,100 $ 2,100 (65) (64) (64) (64) (69) (59)

(Staff)

The resources trends shown above reflect severai-facters; Resources allocated-to-the-deveiepment-of-fermal geidence-implement-the -

itRWPAA-and WMTREA-Titie-i-wiii-decrease:--By-centrast--researces necessary-to-address decommissioning--to-assist-state-implementation ef-the-ttRWPAA--to-review-anticipated-iew f avei-waste-disposai lic ens e- appli c ati o ns-- and- to- co nf erm- to- the-de v el eping- EP A-i ew-iev ei waste-di spes ai- standard-wiii-i ncre as e:--T he- f undi ng-i ncre a s e-i n- FY 1989-is-te-conduct-serveys-and-site-stedies related-to-the-elean-ap and-decommissioning of-iicensed-lew-ievei-waste-sites-and-to-review tepical-reports-en-iew-levei-waste-ferm-and containers; reduced funding in FY 1991 due to the completion of low-level waste facility performance assessment develooment and decommissioning guidance in FY 1990. The staffyear_ increase in FY 1992 is to conduct licensing reviews for new low-level waste diseosal facilities. ,

PROGRAM GOAL Ensure that low-level radioactive nacitar waste and uranium mill tailings are managed safely. Develop and implement a program for the decontamination and decommissioning of ,

non reseter-94eensees licensed facilities.

VI-25 ORAFT 6/29/88 FY89 93 FYP/NWR

NUCLEAR dA57E REGULATION 7 'e.

.e,e' 'anste Decocim PROGRAM PLANNING ASSUMPTIONS

• The LLRWPAA will remain in effect and unchanged during the five year period.

' States will continue their efforts to develop regional low-level waste discosal facilities, and states and compacts will generally try to meet the timetables of the LLRWPAA.

compacts: States-and-compacts-are genereily-meeting-the-timetables-of-the-ttRWPAA: However, the ability of all states and compacts to meet these timetables is uncertain.

• There will continue to be a wide span of jurisdictions and interest in the nation's low-level waste management program.

• The number of Agreement States will likely increase during the '

next five years. In particular, states that are likely to site have lew-level waste disposal facilities may request limited Agreement State status.

• The actual licensing work load receipts for the five year period will not deviate significantly from the latest version of the "Office of Nuclear Material Safety and Safeguards Licensing Work Load Forecast." dated-done-16--1987.

• NRC will not be required to license the disposal of the low activity fraction of the wastes removed from the HLW tanks at Hanford, West Valley, and Savannah River.

• Recuests for assistance for LLW disposal cuidance from states and compacts will steadily increase over the next five years, particularly in their need for training.

• Licensina reviews for the Hanford and Barnwell LLW diseosal_

sites will continue to be performed by the Agreement States, except for criticality safety and physical security reviews which will be performed by the NRC.

VI-26 DRAFT 6/29/88 FY89 93 FYP/NWR

i

• NUCLEAR WASTE REGULATION v.e. .a.e .este : : gram 0 NRC will not regulate naturally-occurring and accelerator-produced radioactive material (NARM); however, NRC will deveico cuidance for the disposal of NARM at_NRC/Aareement States licensed waste-disposal facilities.

• NRC will not receire-significant-rescerees-fer greater then be required to license a unioue Greater-than-Class C (GTCC) waste disposal f acility, but may be required by leaislation to review storace of GTCC. 64 ass-6-weste-disposai- This plan does not include resources for such actions.

• NRC will not undertake rulemaking to address alterratives to shallow-land burial, decommissioning criter!4, e-low-level waste-database- or the third step of conformance to EPA's UMTRCA standards.

• Technologies proposed contained in low-level disposal license applications reviewed by the NRC will be those addressed in the standard format and content guide and the standard review plan.

• EPA will issue promulaate low-level waste standards by FY 1990, and NRC- may be required to undertake a conforming rulemaking.

This plan does not include resources for such actions. ,

• The uranium recevery industry will continue to be in a depressed condition, and the predominant regulatory involvement will be related to decontamination, decommissioning, and raclamation of the currently licensed uraniua mills. However, nonconventional uranium recovery operations (in situ) will continue.

• DOE will get a congressionai-extension-entil 1993 legislative _

revision that will extend for the uranium mill tailings Title I program through FY 1994 and will permit oroundwater restonali,on to continue beyond that date.. The NRC will continue its concurrence and oversight role and will eventually license 00E for' custody of all Title I sites.

vi-27 ORAFT 6/29/88 FY89 93 FYPhhR

l NUCLEAR B STE REGULATION

. Le.,'.va' .is. : evii l i

• Resecrees-needed-for-the-certification phase-of-the-bHTR6A-Titie-i pregram wili-be-significantly-less-tnan-these-in-the remedial-actien pianning phase;

• The general requirements for the decommissioning of nuclear facilities rule will become effective in FY 1988. Staff reviews of decommissioning funding plans will begin in FY 1996 89.

PROGRAM OBJECTIVES AND GUI0ANCE

1. Ensure that the NRC program for low-level waste management, uranium mill tailings regulation, and decommissioning provides for the safe management and disposal of all types of low-level waste and mill tailings,

a. The NRC will continue the current program to: (1) develop regulations, and guidance, and evaluation methodolcaies for use by applicants, appropriate state agencies, and the NRC staff that permit timely processing of low-level wasta disposal applications, including those for alternative disposal methods; (2) regulate uranium recovery facilities' active mill tailings sites; (3) review the 00E uranium mill tailings remedial action program and prepare to license reclaimed sites; (4) develop quidance for decomissionina and (43-develop-regulatory gaidance fer-financiai-asserance-for-citanep-of-accidents by-nen-reseter-iieensees-(incinding-feei-cycle and-materiais l i c e ns e e s- a nd-i ew-l e v ei- w a s te- a nd- o r ani em- r e c o v e ry activities);-and(5) deveiep-regulations and gaidence-for decomissioning; develop regulations and guidance for financial assurance,

b. The NRC will ensure that its regulatory decisions affecting low-level waste manageeent, uranium recovery, ,

and decommissioning activities are consistent with current  :

national priorities.

VI-28 ORAFT 6/29/88 FY89-93 FYP/NWR

• NUCLEAR eASTE REGULATION Low '_e . e' W e s te D-eq-am

c. The NRC will continue the current program to provide active lescership and technical assistance to states and compacts to facilitate the timely development of safe low-level waste disposal facilities,

d. The NRC will develop and implement an inspection and quality assurance program to support both the low-level waste and uranium recovery programs, i

e. The NRC will con':'nue to discourage long term storage as a substitute for disposal of low-level waste.

f. The NRC will monitor the activities associated with the implementation of the LLRWPAA of 1985 and apprise the Commission of any problems requiring Commission action, along with recommendations for each action.

g:---The NRE-will provide-appropriate-technical guidance-for-applicants-whe-may wish-to persee-approaches-ether-then shallow-isnd-beriai-for-the-dispossi-of-iew-level-wester

2. Ensure that the NRC has an integrated approach to waste management so that waste generation activities continue to be that-tre consistent with safety and environmental protection, een-continuer 4

a. The NRC will continue the current program for early out-reachtootherjurisdictions,interestedparties,and waste generators to understand their interests so that issues een be identified and resolved in a timely manner. (

b. The NRC will continue to maintain the-current pre;eamfor maintaining a-system with-regards te an inventory and forecast of waste generation to enable timely and adequate waste management and early warr;ing of capacity problems.

V! 29 ORAFT 6/29/88 ,

FYB9 93 FYP/NWR )

l

.- NUCLEM BASTE REGULATICN to.-. f aas.e ** W 1

c. The NRC will continue to maintain an awareness of possible delays in *aste disposal programs so that safe interim alternatives to disposal can be identified and developed.

d. The NRC will continue activities programs that allow early identificattor, and resolution of jurisdictional issues with other agencies and jurisdictions, such as EPA.

PROGRAM ELEMENTS AND ACTIVITIES Low-level Waste Disposal Licensino and Inspection (Program Element)

This program element comprises the NRC's licensing and inspection of those facilities under agency jurisdiction that are engaged in near-surface land disposal and alternatives to conventional shallow-land disposal practices. Regulatory responsibilities are .

implemented through detallad health, safety, and environmental re-views and inspections of licensee procedures and facilities to ersJre safe operations. The NRC will continue to regulate special nuclear material disposal at the Hanford, Washington and Barnwell, South Carolina low-level waste disposal sites each year. Also included in this program element is the development of joint ,

guidance with the EPA for mixed waste (waste containing both radioactive and hazardous chemical materials). l Planned resourc'e expenditures for this program element are: r FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FY 1985

$ 1,270 $ 1,290 $ 1,130 $ 1,130 $ 1,130 Program Support $ 1,505 (25)

(30) (25) (25) (21) (25)

(Staff) i Bering FY 1986-and-FY-1989;-NR&As-principai efforts-will-be-to implement reits and deveiep-supporting regeistory guidancet cempiete- ,

preparations-for the review-of an spplication for a-new iew 4evel-v!-30 ORAFT 6/29/88 FY89 93 FYP/NWR

NUCLEAR WASTE REGULATION L:. .c.o1 .aste 0 e;-i waste-dispesai-facility; ceveiep-an-ennanced-inspectien program-fer iew levei-waste-disposai--see-contince-to-perfern ;mely ficensing reviews and-ether-reisted-setiens:

The funding and staf f year increases decreases in FY 1989-1992 1991 are-the primarily risult ef-increased-activity-as-states deveiep-lew-level waste disposa4-faciisties-in cenfermance-with-the-ttRWPAA: from completing development of a performance assessment modelino capability in FY 1990 The staffyear increase in FY 1992 is to conduct licensing reviews for new low-level waste disposal facilities.

Develop and Implement Low-Level Waste Reoulatory Framework (Activities) 1: -in-FY-19881-the-NR&-will-continee-to provide-limited-regulatory geidance-to-88E; generaterst-and Agreement-States-en-an as-needed-basis-en-any greater-than Einss-6-(ETE63-wastes-that are-determined to-be-tow-levei-wastes:--More-formai guidance on EETE waste-disposal wili-be-deveieped-in-a preposed relemaking on-this-sebject-in FY 1988:--(Program-Geidance-1:a)

1. In FY 1989, the NRC will provide formal guidance on greater than Class C disposal in a final rule on this subject. (Program Guidance 1.a,2.d) 2: in FY-1989; the-NRS wf 44-eempiete-preparations-te-respond-to regnests from-licensees-within-the mandated 45-days for granting-emergency-access-te the-non Federai iew-levei waste disposai sites: -(Program-Geidance 1;f) 3: Bering FY-19881-the-NRE wili-provide regolatory guidance en siternatives-to shaliew-iand-barial-threagh revisiens-to the leu levei standard format and centent-guide and the standard reviewpiant--in-FY19991992-};the-NRCwiiiprovidelimited guide:.e en siternstives en an-as needed basis:-(Program-Guidance-ita)

VI 31 ORUT 6/29/88 FY89 93 FYP/ WI4

.- NUCLEAR UASTE REGULATION

'0. .eie' daste Drogram 4: In FY-1988-and Fy-1989;-the-NR6-nifi previde-additionai guid anc e-eence rni ng-we s te s-t ei ew- r e gei s tory- c enc e rn:--(P ro gram Guidance-ira) 5: By-FY-1989--the-NR6 will cempiete-the-deveiepment-ef guidance fer-the pretectien-ef-the public-health-and-safety-frem mixed 13w-levei-wester--(Program 6eidance-1:st-2;d) i 2.6. In FY 1998-1992 1989 1990, the NRC will improve its licensing review cipsbility by developing an-in-heese performance-assessment-capability a performance assessment modeling capability to be able to conduct license reviews in 15 months as mandated by law and t4 provide outdance to potential licensees and AQreement States on the basir, for LLW disposal _

licensino actions. In house capabilities will be enhanced by develop-ment of a data base system for performance assessment data, and by review and prequalification of computer codes used in the intearated methodology. This activity will also address how to minimize the likelihood and consequences of incidents at_ operating LLW disposal _

facilities. Performance assessment products will be made available to states and potential licensees. (Program Guidance La,., 1.c, y )

3.L In response to state and 00E requests, in FY 1969 the NRC will initiate development-of-an setomated a rulemaking to require reporting of waste disposal manifest information. The NRC staff _

will work with 00E to develop a national _ low-level waste database to monitor and track all low level waste shionent and disposal.

In FY 1990, the data base will be fully operational; it will be maintained and updated as necessary, through FY 19911 1993.__

(Program Guidance 2.b)

8. in FY 1989; the-hR6 wiii provide financiai-asserance goidance eee.eenserate with risk for ail-nenreseter 44censees: -in sebsegment years- this guidance wili be-codified in the regeistions-as considered necessary at that time;--(Program 6eidance ita)

VI 32 ORAFT 6/29/88 FY89 93 FYP/NWR

r-c' NUCLEM d5TE REGULATION Lc. .e.e* desta : , grim

~

9 - - - -i n- F Y - 1988- - t h e - N R6-wi i i - e x t e n d- i t s - e s: a bi l i ty - t e- p r e c e s s iieense-applications-fer-iew-levei-waste-disposai-sites-within 15-months-by-revising-the-standard-#ermat-and-centent gaide-and standard-review-plan-to-incinde-afternatives-to shaliew-iand burial --(Pregram-Geidance-ira)

Develop and implement Insoection (Activities)

1. In FY 1989, the NRC will initiate continue the development of an enhanced inspection program for low-level waste disposal. This enhanced program will address facility construction and operation and radiation protection and environmental surveillance. with-limited attention-to-the-nenradielegicai-aspects of-waste-disposet. In FY 1989-1992 296, the NRC will complete the development of this program and implement it at operating and developing low-level waste disposal facilities. NRC will issueing guidance and working with the Of fice of Governmental and Public Affairs to ensure that Agreement States are properly applying it the cuidance at their low-level waste disposal facilities. In FY 1989-1993, LLW inspections will continue at reactor (Program sites and at Hanford and Barnwell for soecial nuclear material.

Guidance 1.d)

Provide Technical Assistance to the Agreement States (Activities)

1. In FY 1988-1992- 1989-1993, the NRC will provide limited technical assistance to the Agreement States, the low-level waste compacts, state regulatory bodies, and the States of Nevada, South Carolina, and Washington where the existing low-level waste disposal sites are located. The NRC expects-to will provide limited technical assistance on siting and design aspects of low level waste facilities to approximately eight compact and four independent states before the January 1,1993, deadline for generators to have arranged for the disposal of their waste. Nevada is processing a renewal application for the Beatty site and has projected the need for NRC 'staf f technical assistance regarding limited assistance in hydrology, site engineering, VI-33 ORAFT 6/29/88 FYS9 93 FYP/NWR

o' NUCLEAR WASTE REGULATION

'.ow .e.e1 neste Procram and pathway analysis during FY 1988 1989. The State of Washington is expected to request technical assistance on mixed waste issues during FY 1996 1989. Two Agreement State license applications are expected in FY 1989, three in FY 1990, and three in FY 1991. In addition, ten reviews of Governor Certifications, which will require Commission action and transmittal to Congress, are expected in FY 1990. (Program Guidance 1.a. 1.c. 1.f. 2.a. 2.c)

Conduct License Reviews for Low-level Waste Facilities (Activities)

1. In FY 1990-1992 1993, the NRC will provide prelicensina guidance  !

g review two four applic1tions for NRC-licenset kw-level waste  ;

facilities and will complete the review within 15 M months  !

after formal receipt, excluding the public, hearing process, t (Program Guidance 1.b, i.e)

2. In FY 1988 1989, the NRC will review and complete the evaluation i of two standard enoineered designs-for alternatives to shallow land ,

burial that were developed by 00E contractors using NRC's standard format and content guide for a license aoplication for a low-level radioactive waste disposal facility. This review will provide ouidance _to Agrument State licensing acencies on technology NRC considers acceptable for alternatives to shallow land burial, as well as cuidance on the format and content of these parts of a LLW license  !

application. (Program Guidance 1.a. i.e, 1;g) f e

[

L l

3. In FY 1984; 1989, the NRC will initiate the review of petitions to exempt from NRC jurisdiction those waste streams that are below l regulatory concern, Five-to-ten Four petitions are expected to be submitted in FY 1988 1989 on such waste streams as dry active l waste and secondary ion exchange resins, and one petition is expected to be submitted each year in FY 1990 1993. ,

(Program Guidance 1.b) '

l l

I l

FYB9 93 FYP/NWR V! 34 QRAFT 6/29/88  ;

i e

• NUCLEM a* W E REGULATION

' . .4.*

.tito 0-:geim

4. In FY 1989, the NRC will initiate-the review of requests for emergency access by waste generators to regional low-level waste disposal sites within the mandated 45 days of the LLRWPAA.

It is estimated that three two requests may will be submitted in FY 1989, ene-in-FY-1999;-end-none-in-the-fetiewing years-(Program Guidance 1.b, i.e)

5. In FY 1988-1992; 1989-1993, the NRC will continue to review topical reports at a rate of three five per year on waste solidification processes, naste classification systems, and improved disposal containers. The present-backieg-of-15-topical-reports-is-schedolcd to-be-eliminated-by-FY-1990- A limited amount of generic guidance (revision of Branch Technical Position) will be provided to reflect the technical besis for expected perforrance of current methods of packagira LLW based on experience with topical report reviews, results of ong Of fice of Nuclear Regulatory Research projects, and results of insrectors activities. (Program Guidance 1.a. ,1.b)

6. In FY 1988-1992- 19891993, the NRC will continue to regulate the disposal of special nuclear material at the two NRC-licensed low-level waste disposal sites at Hanford and Barnwell. The scope of review will be limited to criticality safety and physical security. Barnwell is currently scheduled to close on December 31, 1992. (Program Guidance 1.b)

Uranium Recovery Facility Licensing and Inspection (Program Element)

This program element comprises the NRC's licensing and inspection of thosvfact11tiesunderagencyjurisdictionthatareengagedin uranium extraction activities (other than conventional mining) and ore milling activities. This requires detailed health, safety, and environmental reviews and inspections of licensee procedures and facilities to ensure safe operations at uranium mills, heap leaching f acilities, ore-buying stations, commercial solution mining ' sites.

v! 35 DRAFT 6/29/88 FYB9 93 FYP/NWR

• ~

.- NUCLEAQ *ASTE REGULATION

.+.e' este 0-Occam anduraniumextractionresearchanddevelcpmentprojects. Also l included in this program element are the development of regulatory guidance to ensure consistency with the EPA standards for regulating mill tailings and the site-by-site approval of licensee plans for disposal of mill tailings.

Planned resource expenditures for this program element are:

FY 1988 FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 Program Support 5 100 5 100 5 100 $ 100 5 100 5 100 (Staff) (17) (14) (14) (14) (14) (14) i I '

i Uranium Recovery Licensino (Activities)

. t

1. In FY 1988-1992- 1989-1993, the NRC will complete the review and .

evaluation of approximately 75 70 new, amendment, and renewat license applications for uranium-recovery facilities each year. I Guidance needs for the program (e.g.. EPA groundwater standards) will be met, as well as National Program Review and oversight.  ;

(Program Guidance 1.a. 1.b, M )

Uranium Recovery Facility Inspections (Activities) 7 i

1. In FY 1988109E- 1989-1993, the NRC will conduct approximately l

' 35 inspections of uranium recovery f acilities each year. These I inspections are a thorough review of the licensee's program )

end the implementation of license conditions, ensuring the  ;

protection of public health and safety, and the environment. l l I l (Program Guidance 1.a. 1.b) 1

2. In FY 1988-199tt 19891993, '.he NRC will complete the review of approximately 199 135 licensee monitoring and a ncy inspection l reports each year to assess '.icensee performance. All uranium  !

recovery licensees are required to submit the environmental l

l l v! 36 ORAFT 6/29/88 l FYB9 93 FYP/NWR 1

NUCt.E3R as5~E REGU'.3710N

. *c.. e.e

~ u .s 3-e c-s ,

monitoring data results semiannually. The Uranium Recovery Field Of fice staf f reviews the data to see if any trends or abnormal results have been reported. This assists in the eval-uation of the licensee's compliance with the regulations and license conditions. The inspection reports generally identify items of noncompliance where the licensee has failed to carry out a requirement in the license. (Program Guidance 1.a) 3 ---in FY-1986-199tt-1989-1993--the-NRE-wili-initiate-and implement i

a-project-to meniter-the-implementation-of-10-EFR-46-revisie,n,s-te eenferm-to-FPA-standards-for greendwater protection-from-radielegical and-chemical-hazards-at-miii-tailings sitesg-AN g]f, Program-6eidance1:stt;d)

Uranium Mill Tailinos Remedial Actions (Proaram Element)

This program element comprises the NRC's review and concurrence in the remedial actions to be taken by 00E at inactive-eranism 24 mill tailings piles at 22 sites, as well as at several thousand contaminated properties located near,ty sites. These sites are inactive mills that Generated mill tailings in the production of uranium for sale to the U.S. Government.

sites: Before the remedial actions can begin at a site, the NRC must: (1) review 00E documentsi including environmentai-impact-statements; environmental assessments, and remedial action plans, and proposed desions for the 24 miii-tatiings piles et-Et the sites 1 as weii-as-for several-thensand and vicinity centaminated properties 4ecated-near-the-sites; and (2) concur in 00E plans for long term control of radiction or radioactive releases from the sites and for the protection and restoration of groundwater.

However, because DOE is postponing groundwater restoration planning _st these sites, NRC activities in this plan do_no_t include groundwater restoration, at-inactive milis-that ganerated mifi-teiiings in the predactien-of oraniem fer saie to-the W:5; 6evernment; After 00E has the NRC aise has the responsibility e g l,,eted remedial action at a site 1 for reviewing and concurring in the 0,0E'r, certification that the remedial actions have h,a.s eten properly completed. The NRC is then responsible for licensing 00E for long term care and maintenance.

VI 37 ORAFT 6/29/88 FY89 93 FYP/NWR

' NUCLEAR OA3?E REGULATION n i te **o; rim Lo* .e .e

• Planned resource expenditures for this program element are:

FY 1988 FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 600 410 $ 470 $ 470 $ 470 Program Support 5 100 $ $

(15) (17) (15) (14) (14) (14)

(Staff)

The fundina and staffyear decreases in FY-1989-and FY 1990 rescit f rem-l ab e r- r ate- e s timate s- f or- v ari ens- a s p e cts-of-the-program;-in-the-earlier years; mest-of-the-NRE-effort-wili-be expended-in-reviewing and cencerring-in-remedir.4-action-designs--which is-laber intensive; later-in-the program;-the-NRE-wiii-inspect-construction-sites;-and review-and-cencar-in-the-cempietion-of-the action-ite:as-that-are-net expected-to-be-as-laber-intensive; reflect realistic estimates of the NRC ef fort that can be devoted to the UMTRCA program within current budget constraints, while attempting to keep pace with DOE's schedule.

Review of 00E UMTRCA Actions (Activities)

1. The NRC already has concurred (some with conditions requiring later resolution) in remedial action plans for six seven of the M sites. It-is-estimated-that DOE's current schedule is to complete the construction in ac r- :e with remedial action plans wi41-be-completed at two these plus two additional sites by FY 1986 90_. The-remedial-action-is-ander-way st-three ether-sites-and-is

..timated-to be-eempieted-in-FY-1990: The remedial action wiii-begin at-the-finai-site-in-FY-1998 and-wiii be-eempieted in FY 1993; 2: In FY 1988-1992; 1989-1993, the NRC will continue to tempitte-the review of and concur in 00E's proposed remedial wetion plans for-the-remaining-16-sites and related documents.

DOE's current schedule is to complete remedial action at tg 22 Sites in FY 1993. In FY 1988; 1989, NRC is scheduled to complete 77 82, actions, including 61 68_ environmental, design, actien plan- and other document reviews, and 14 inspections.

In FY 1989; and 3 licensing actions for iong maintenancand menttering.

19901 the NRC is scheduled to complete 65 76 actions, including 54 VI-38 ORAFT 6/29/88 FY89 93 FYP/NWR

i

'" NUCLEAR WA5TE REGULAT:GN Lo. .e.e' a n t a : :: i-

_0 reviews, 14 inseections, and 2 licensing actions for long term 6

maintenance and monitoring. The estimate for Ff 1990 1991 is 32 82 actions, including 23 63 reviews, 17 inspections, and three two licensing actions. In FY 1992- 1993, reviews, inspections, and licensinQ actions will be completed for 14 additional sites, brinaina the total number of sites licensed to 18 by the end of FY 1 93._ (Program Guidance 1.a. 1.b.)

Decommission!na (Procram Element)

This program element comprises the development and implementation of NRC's integrated requirements for the decontamination and de-commissioning of facilities and sites associated with NRC-licensed activities.

"Decommission" means to remave (as a facility) safely from service and reduce residual radioactivity to a level that permits release of property for unrestricted use and termination of the license.

Decommissioning is an action to be taken by a licensee near the end of the licensed activity that, from NRC's perspective, is an integral step in the orderly termination of the license.

The Office of Nuclear Material Safety and Safeguards is the focal _

point for implementation of the NRC Decommissioning Proaram, and is responsible for reviewing and acerovina power reactor decommissioning plans and for oversicht of decommissioning fundino plan reviews for materials and fuel f acility licensees. The Office of Nuclear Reactor Regulation responsibilities include decommissioning plan reviews for research and test reactors and financial assurance reviews for power reactors until project management responsibility is transferred to the Office Of Nuclear Material Safety and Safeguards. This occurs after the decommissionina plan has been approved and a possession-only license issued. All other decommissionino plan and financial assurance reviews are the responsibility of the Office of Nuclear Material Safety and Safeguards.

v! 39 ORAFT 6/29/88 FY89 93 FYP/NwR

NUCLEAR UASTE REGULAT:0N e

g.-tese' aiste Poc-im

Decommissioning and financial reviews for materials and fuel facility licensees a ll be c:nducted by region or the Office of Nuclear Material Safety and Safeguards headquarters staff, consistent with current licensing resconsibility using guidance issued by the Office of Nuclear Material Safety and Safe-guards. The Of fice of Nuclear Regulatory Research, in coordination with the Office of Nuclear Meterial Safety and Safeguards, is responsible for conducting research and developing regulatory guidance, including the establishrnent of criteria for release of lands, structures, and equipment for unrestricted use.

Ef fort-en this program eiement-wiii-ee-started in FY-1988-to-ensera-that the-regulatory-requirements-for decommissiening-are-identified-and provided; that-the-regetred methodelegies and-capabilities-are-established;-and-that the reviews-are-carried eat-in-a timely-and-consistent-mannerr Planned resource expenditures for this program element are:

FY 1993 FY 1988 FY 1989 FY 1990 FY 1991 FY 1992 500 $ 500 $ 300 $ 400 $ 400 Program Support $ 100 $

(3) (8) (10) (15) (16) (16)

(Staff)

The staffyea; everaii-researce increase frem FY-1988 threagh jn, FY 1990 1992-rescits is for fuel cycle f acility financial assurance certifications d free a ramping up of staf f ef fort to on the stabili?.atien er-cieenop of sites-contaminated with searce materiai beginning-in FY-1989; and the staff review of materials facility financial assurance certifications and decomissioning funding plans. beginning in-FY-1990. The staf fyear increase in FY 1991 is due primarily to initiate power reactor decommissioning efforts to coeplete the ramp up of materials f acility decommissioning review activiti The fundino decrease in FY 1991 is due to coPpletion of guidance developmen_t in FY 1990. .

FyB9 93 FYP/WR v! 40 ORAFT 6/29/88

i

) .-

NUC'.E AR =A5TE REGU'. ATICN

+

te. .e.e1 waste :-ears- ,-

Decommissioning (Activities)

1. in-FY 1988;-the-NRE-wiii-complete-devefepment-of-a proposed (emmissien pe4 icy-statement-en-hew-icng-licensees cannet operats before-they are-required-te decommission . In FY 1989

-1991, in conjunction with the Office of Nuclear Regulatory Research and EPA, deccmmissioning guidanco will be developed to identify the level of cleanup necessary to permit unrestricted use, which is needed in developing decommissioning plans, (Program Guidance 1.a)

2. In FY 1989, the NRC will complete preparation of draft standard format and content guides and standard review plans for licensee decommissioning funding plans; the final guides and review plans will be completed in FY 1990. In FY 1989, the NRC will complete initiate. the development of guidance on acceptable decommissioning, practices s'nd cost-estimation methods. In FY 1990, guidance will be provided to the Regions for conducting the reviews of financial assurance certifications and decommissioning funding plans. This guidance will be used in the review of the approximately 758 900 funding plans that will be submitted by nonreactor licensees during FY 1989 1992 1993 in c.cmpliance with the new decommissioning amend-ments to 10 CFR Parts 30, 40, 70, and 72, (Program Guidance 1.a) 3:---in-FY-19891-the-NRE-wiii previde-guidance-en-standard metheds fer establishing-financiai-asserances-and-for determination-tt e required ameent.*of-surety:-(Program-6uidance ira)

3. Twelve reviews of financial assurance certifications for major fuel cycle facilities will be conducted in FY 1990 and three reviews of decommissioning funding plans for major fuel cycle facilities in FY 1991: decommissioning and low-level waste disposal aspects of Wes_t Valley cleanup by 00E will be reviewed r

during FY 1989-1993. (Program Guidance 1.b.)

VI-41 ORAFT 6/29/88

' FYS9-93 FYP/NWR

NUCLEAR t'ASTE (tEGULA'ICN

• i.e.-. eve' aaste Proccam 4 In FY 1991, NM55 will initiate a program for power reactor decommissiening which will consist of reviewing decommissioning plans for eight mothballed and shutdown power _ reactors, assuming project management responsibility, and initiating a regional inspection program for these reactors. (Program Guidance 1.b.)

In FY 1989, NMSS will initiate a prog.am for materials facility L

decommissioning to review submittals resulting from the Decommissioning Rule. The submittals will include financial asturance certifications and decommissioning funding plans for approx _imately 100 new applications per year and 100 license terminations per year beginning in FY 1989, and 800 reviews per_

year of existing licensees beginning in FY 1990. (Program Guidance 1.b.)

6.4: In FY 1988; 1989-1993, the NRC will initiate continue a program for the stabilization or cleanup of approximately 14 sites con-(

l taminated with large quantities of low-level source material.

The-actuai-stabilitatien and-ciennep-effort wiii-run-through l FY-19921-when-seme-ef-these sites wiii-ee-seitable-for-enres-l tricted-ese-and ethers-might-ic-released with-deed-restrictions:

(Program Guidance 1.b)

VI-42 ORAFT 6/29/89 Fygg.93 FYP/NWR

. .