Waste Confidence Final Rule Now Before the Commission

Andy Imboden
Communications Branch Chief
Waste Confidence Directorate

 

After thousands of public comments, dozens of meetings and hundreds of written pages, the NRC Commissioners are now deliberating the draft final rule and draft generic environmental impact statement on the continued storage of spent nuclear fuel – what used to be called “waste confidence.”

Under NRC procedures, and in support of our agency’s transparency and openness goals, we are making three documents including the draft final rule and environmental impact statement available – you can find them on the NRC’s waste confidence webpage:

  • A staff paper, SECY-14-0072: Final Rule: Continued Storage of Spent Nuclear Fuel;
  • A draft Federal Register notice on the final rule; and
  • A draft NUREG-2157: Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel – Final Report (GEIS).

To be clear, the draft final rule and draft GEIS are not yet final and are not for public comment. NUREG-2157 includes a lengthy Appendix D that summarizes and responds to more than 33,000 written comments we received when the draft GEIS and proposed rule were published for comment last year. They are “draft final” documents because they need Commission approval before they become final agency action. The Commission may approve, modify, or disapprove them.

Some important points to remember: The final Continued Storage rule represents a generic finding on the environmental impacts of continued storage of spent nuclear fuel beyond the licensed operating life of a reactor. It does not license or approve any storage facility or any nuclear power reactors. The facilities are licensed – or licenses are renewed – based on site-specific application reviews.

The rule is to be used as a part of the overall environmental review for new reactor license applications, current reactor renewal applications, and spent fuel storage facility license reviews in these site-specific proceedings. The GEIS serves as the regulatory basis for the rule, and does not replace the staff’s comprehensive environmental review in individual licensing proceedings.

The name change from “waste confidence” to “continued storage” is just one way the new rule differs from previous versions, including the 2010 version that was struck down by the D.C. Circuit U.S. Appeals Court. (That ruling two years ago prompted the current rulemaking effort.) The name change and other changes are in part due to public comment, and are further explained in the staff paper and the Federal Register notice. The latter also includes an extensive question-and-answer section about the staff’s review and conclusions.