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.

We’re Waiting To Hear — Your Comments are Due on Waste Confidence

Keith McConnell
Director, Waste Confidence Directorate
 

The public comment period on the Waste Confidence proposed rule and generic environmental impact statement (GEIS) ends December 20. During the 98-day public comment period (the end date was extended due to the government shutdown), the NRC staff conducted 13 meetings around the country to receive your feedback.

wcd_banner_smallWe’d like to thank the more than 1,400 people who attended these meetings, either in person or by teleconference. We have posted transcripts of the public meetings on the Public Involvement section of our Waste Confidence webpage. We appreciate all of you who spoke at the meetings providing your thoughtful comments. The safe storage of spent nuclear fuel and the impact on the environment are critical issues in the country’s nuclear policy. We here at the NRC are committed to ensuring that spent fuel remains safely stored until a repository can be built for permanent disposal.

So what’s next? The staff of the Waste Confidence Directorate is busy cataloguing the tens of thousands of public comments we have received so far. You can read the comments we’ve processed already using ADAMS and http://www.regulations.gov/(search for Docket ID NRC-2012-0246). We are continuing to post comments, and of course we expect to receive additional comments up to the December 20 deadline. Instructions on how to submit comments are on the Public Involvement section of our Waste Confidence webpage.

Once the comments are fully catalogued, the staff will consider them and prepare responses to be included in the final GEIS and rule. These final versions will of course include any changes from the drafts stemming from the comments. We are working to issue the final rule and environmental study later in 2014.