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YUCCA MOUNTAIN LICENSING

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Yucca Mountain Licensing – In August 2013, the U.S. Court of Appeals for the District of Columbia Circuit, in In re Aiken County, directed the NRC promptly to continue [resume] “the legally mandated licensing process” for DOE’s application to construct a geologic repository for high-level radioactive waste (HLW) at Yucca Mountain, NV.  Following that directive, the NRC returned to its work on the technical, safety and environmental evaluation of DOE’s application and on other licensing-related matters to the extent that currently available Nuclear Waste Fund appropriations will permit.

On October 16, 2014, the NRC Staff completed Volume 3 of its Safety Evaluation Report – Repository Safety after Permanent Closure (NUREG-1949, Volume 3).  Volume 3 contains the results of the NRC Staff’s evaluation to determine whether the proposed repository design complies with the performance objectives and requirements that apply after the repository is permanently closed.  From its analysis and evaluation, the Staff finds that DOE demonstrated compliance with the NRC regulatory requirements for postclosure safety.  The NRC staff finds that the proposed repository at Yucca Mountain has the requisite multiple barriers and meets the 10 CFR Part 63, Subpart L limits for individual protection, human intrusion, and the separate standards for protection of groundwater – the “one-million-year” Yucca Mountain standards established by EPA and incorporated into NRC regulations.  A description and abstract of SER Vol. 3  (NUREG-1949, Volume 3) can be found at www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/v3/.  SER Volume 3 itself can be found at pbadupws.nrc.gov/docs/ML1428/ML14288A121.pdf and can be accessed at www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/.

On December 18, 2014, the NRC Staff completed Volume 4 of its Safety Evaluation Report (SER).  SER Volume 4 deals with administrative and programmatic requirements for the repository at Yucca Mountain and documents the NRC Staff’s evaluation of whether DOE’s research and development and performance confirmation programs, along with other administrative controls and systems meet applicable NRC requirements.  From its analysis and evaluation, the Staff finds that most administrative and programmatic requirements in NRC regulations are met with certain significant exceptions.  The exceptions involve DOE’s failure, at this point, to acquire ownership or jurisdiction over the land where the geologic repository operations area would be located and the failure to acquire water rights that DOE has determined are needed to accomplish the purpose of the repository operations area.  NUREG-1949, Volume 4: Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada, Volume 4: Administrative and Programmatic Requirements (December 2014) is accession number ML14346A071 and can be accessed at www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/.

In January 2015, the NRC Staff completed Volume 5 of its Safety Evaluation Report.  SER Volume 5 addresses Proposed Conditions on the Construction Authorization and Probable Subjects of License Specifications and its accession number is ML15022A488.  SER Volume 5 can be accessed at pbadupws.nrc.gov/docs/ML1502/ML15022A488.pdf.

The status of the NRC Yucca Mountain-related activities from the remand in In re Aiken County is provided in monthly reports to Congress prepared by the Commission.  The monthly status reports can be accessed at www.nrc.gov/reading-rm/doc-collections/congress-docs/correspondence/. To access the latest status report, click on the current year and select from the menu of reports.

WASTE CONFIDENCE CONTINUED

On February 26, 2015, the Commission affirmed and issued CLI-15-4 (DTE Electric Co. et al), ruling on petitions to suspend reactor licensing pending issuance of a requested “waste confidence safety decision” and on the admissibility of new or amended waste confidence safety contentions.  In denying the petitions and rejecting the proposed contentions as inadmissible, the Commission found and/or concluded that –

  • Suspension of licensing is not warranted (Slip Op. at 3)
  • Its confidence in the safety and technical feasibility of systems for the storage and disposal of spent fuel “has only increased since the late 1970s . . . .” (Slip Op. at 4)
  • It is appropriate to confirm the continued validity of the Commission’s determinations regarding the technical feasibility of safe spent fuel storage and ultimate disposal in a repository (Slip Op. at 4)
  • No obligation exists under the Atomic Energy Act to make predictive findings regarding spent fuel disposal as part of the Commission’s reactor licensing decisions (Slip Op. at 21), and
  • Safe, permanent disposal of spent fuel is technically feasible and spent fuel can be safely stored until a repository is available, or indefinitely should such storage become necessary (Slip Op. at 30-31).

CLI-15-4 can be accessed at pbadupws.nrc.gov/gov/docs/ML1505/ML15057A261.pdf

Waste Confidence

RULING AND RULEMAKING ON “CONTINUED STORAGE OF SPENT FUEL BEYOND THE LICENSED LIFE FOR OPERATION OF A REACTOR” (A.K.A. WASTE CONFIDENCE)

On August 26, 2014, the Nuclear Regulatory Commission met in an affirmation session and approved publication of the final rule and its associated generic environmental impact statement on the continued storage of spent fuel beyond the licensed life for operation of reactors, formerly called “WASTE CONFIDENCE.”  At the same affirmation, the Commission approved issuance of a Memorandum and Order lifting the suspension on final licensing decisions that the Commission imposed in CLI-12-16 and provided direction to ASLBs related to the treatment of “continued storage” contentions that were held in abeyance in twenty-one adjudicatory proceedings pending in the agency.

— The SRM for the Final Rule – Continued Storage of Spent Fuel (SECY-14-0072) and the Memorandum and Order Lifting Suspension (SECY-14-0075) can be found at www.nrc.gov/reading-rm/doc-collections/commission/srm/2014/2014-0072srm.pdf

— The Memorandum and Order Lifting Suspensions (CLI-14-08) can be found at…

— The Commission’s voting record with each Commissioner’s vote and comments can be found at www.nrc.gov/reading-rm/doc-collections/commission/cvr/2014

Following the Commission’s Order lifting suspensions, a number of parties in pending proceedings filed petitions to suspend final licensing and motions to admit new contentions on the “Continued Storage Rule” and the rule’s supporting Generic Environmental Impact Statement.  In CLI-14-09 (October 7, 2014), the Commission exercised its inherent supervisory authority and took review of the petitions and motions in the pending proceedings.  The Commission directed that responses to the petition and motions be filed no later than October 31, 2014, with replies to responses due by November 7, 2014

On October 27, 2014, the Continued Storage Rule and the supporting GEIS were challenged in the U.S. Court of Appeals for the D.C. Circuit.  See Petition for Judicial Review of Administrative Agency Action, Prairie Island Indian Community v. NRC, No. 14-1212 (D.C. Cir. Oct. 27, 2014)