Yucca Mountain Documents Now Publicly Available – In a New Online Library

David McIntyre
Public Affairs Officer

The NRC is flipping the switch today on its new LSN Library — making nearly 3.7 million documents related to the adjudicatory hearing on the proposed Yucca Mountain repository available to the public.

yuccatunnelThe library makes the discovery documents by various parties to the hearing public for the first time in five years, and with enhanced search capabilities. The new LSN Library is part of the NRC’s online documents database, known as ADAMS. Although the NRC staff’s discovery documents were already publicly available in ADAMS, those materials have been incorporated into the LSN Library to permit “one-stop” searching for Yucca-related technical information.

Here’s the genesis of the new library: The NRC created the Licensing Support Network, or LSN, back in 2001, years before the Department of Energy submitted its application in 2008 for construction authorization for a high-level waste repository at Yucca Mountain. The network was designed to allow easy access to the volumes of discovery documents that would support various aspects of the hearing.

The LSN was a database that required participants to house their documents on their own servers that were accessible for “crawling” by LSN software maintained by the NRC. This software created a document index. Participants and the public could search the index and generate a link to relevant documents on the participants’ home servers.

The LSN worked smoothly through the early stages of the hearing. But then the Department of Energy shut down the Yucca Mountain Project in 2010, and the NRC staff proceeded with an “orderly closure” of its review of DOE’s license application. As part of the orderly closure, an Atomic Safety and Licensing Board Panel’s Construction Authorization Board suspended the hearing in September 2011. The LSN was closed down the previous month, with the CAB directing the parties (other than the NRC staff, whose documents were already public in ADAMS) to provide all their LSN documents to the NRC’s Office of the Secretary.

Then in August 2013, the U.S. Court of Appeals for the District of Columbia Circuit ordered the NRC to resume its review of DOE’s Yucca Mountain application, using previously appropriated money from the Nuclear Waste Fund.

The Commission directed the staff to finish and publish its Safety Evaluation Report, the main technical review of the application. The staff published the final volumes in January 2015. Then the Commission directed the staff to prepare a supplement to DOE’s Environmental Impact Statement, covering certain groundwater issues that were not fully analyzed in the EIS. The staff issued the final supplement this past May.

Additionally, the Commission directed that if there was enough money remaining, the LSN documents should be made publicly available. As explained in a paper published August 12, that’s the work being completed now with activation of the LSN Library.

The library is significant for three reasons. First, it meets federal records requirements. Second, the library again provides public access to the previously-disclosed discovery materials should the Yucca Mountain adjudicatory hearing resume. Third, should the Yucca Mountain hearing not resume, the library will provide an important source of technical information for any future high-level waste repository licensing proceeding.

And of course, the library helps us meet the NRC’s goal of being an open and transparent regulator.

The Yucca Mountain Safety Evaluation Report: One Step of a Long Journey

David McIntyre
Public Affairs Officer

The NRC staff has now completed its safety evaluation report (SER) on the proposed nuclear waste repository at Yucca Mountain in Nevada, with the publication of Volume 2 and Volume 5. This is an important milestone – however, completion of the SER neither finishes the review process nor represents a licensing decision.

yucca

To recap: The NRC closed its review of the application in fiscal year 2011. (The full story is here.) The NRC staff published Volume 1 of its five-volume SER in August 2010. Volume 1 covered general information about the application. The NRC staff subsequently published three technical evaluation reports to capture the work it had already done on volumes 2, 3 and 4, though without any regulatory conclusions.

In August 2013, the U.S. Court of Appeals for the District of Columbia Circuit ordered the NRC to resume the licensing process using leftover money appropriated from the Nuclear Waste Fund. So the agency resumed its work on the formal safety evaluation report. We published Volume 3, covering repository safety after permanent closure, in October 2013. Volume 4, on administrative and programmatic requirements, was published in December. Volume 2, repository safety before permanent closure, and Volume 5, license specifications, complete the SER and the technical part of the licensing review.

That technical review concluded DOE’s application meets the safety and regulatory requirements in NRC’s regulations, except for DOE’s failure to secure certain land and water rights needed for construction and operation of the repository. These issues were identified in Volume 4.

Bottom line: the SER recommends that the Commission should not issue a construction authorization until DOE secures those land and water rights, and a supplement to DOE’s environmental impact statement (EIS) is completed.

The land DOE still needs to acquire is owned by three federal agencies: DOE’s National Nuclear Security Administration, the Department of the Interior and the Department of Defense. Legislation was introduced in Congress in 2007 to appropriate the land for the repository, but it did not pass. The water rights DOE needs are owned by the state of Nevada, which refused to appropriate the water in 1997. Litigation challenging that refusal is stayed.

yuccatunnelWhen the NRC resumed its licensing review in response to the appeals court, the agency asked DOE to supplement the EIS to cover certain groundwater-related issues. DOE declined to do so. The NRC staff is prepared to develop the supplement if the Commission tells it to.

Even if the EIS is completed, two more steps are needed before a licensing decision can be made. The adjudication of nearly 300 contentions filed by Nevada and other parties challenging the repository was also suspended in 2011. Reviving and completing this hearing will require more funding from Congress. Finally, the Commission must review issues outside of the adjudicatory context. Only then would the Commission decide whether to authorize construction.

So yes, completion of the SER is a major step, but there are many more ahead before the NRC can say yea or nay to Yucca Mountain.