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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.

 

“Continued Storage” – What It Means and What it Doesn’t

David McIntyre
Public Affairs Officer
 

UPDATE: The NRC’s final rule on the continued storage of spent nuclear fuel was published in the Federal Register on September 19, 2014, becoming effective October 20.The final Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel is available on the NRC website.

There has been some confusion in media reports about the purpose of the NRC’s new rule on continued storage of spent nuclear fuel. The rule, approved by the Commission August 26, will be published soon in the Federal Register and take effect 30 days later.

The continued storage rule specifically deals with the period of time after the reactor has ceased operating. The rule adopts the NRC staff’s assessments of the environmental effects of storing spent nuclear fuel at a reactor site for various periods of time following the reactor’s licensed life for operation. It adopts the conclusions of the agency’s Generic Environmental Impact Statement (GEIS) on the Continued Storage of Spent Nuclear Fuel, also approved August 26 by the Commission.

drystoragegraphic)For each new reactor, license renewal application, and storage facility specific license or renewal, the NRC performs a thorough safety review of reactor operations and spent nuclear fuel management at the site. Separately, the National Environmental Policy Act requires the NRC to perform an environmental analysis of each licensing action, which considers impacts on the surrounding environment.

The continued storage rule, when implemented, will allow the NRC to process license applications and renewals for nuclear reactors and spent fuel storage facilities without assessing the portion attributed to the environmental impacts of continued storage. This is because such impacts have now been generically assessed by the NRC in the GEIS.

The GEIS analyzed three scenarios:

  • A geologic repository for disposing of spent fuel becomes available 60 years following the licensed life of a reactor (short-term storage);
  • A repository becomes available 100 years beyond the short-term scenario, or 160 years after the licensed life of a reactor (long-term storage); and
  • A repository never is available (indefinite storage).

In evaluating the third scenario, the GEIS assumed that licensee control and regulatory oversight, or “institutional controls,” will remain in place to ensure the safety and security of the waste as long as needed.

The short-term and long-term scenarios reflect current U.S. policy that spent nuclear fuel will be disposed of in a deep geologic repository. The indefinite storage scenario is included because the Appeals Court that struck down the earlier version of the rule directed the NRC to consider the possibility a repository may never be built.

The rule is not a safety decision or licensing action for any site; it does not authorize the initial or continued operation of any nuclear power plant, and it does not authorize storage of spent fuel. The NRC licenses spent fuel storage through other means: Spent fuel pools are covered by a plant’s operating license, and dry cask storage is permitted either through a general license or a separate license, with licenses or certificates for casks issued for up to 40 years.

Media headlines proclaiming that nuclear waste will be stored in place indefinitely under this rule, or that safety controls on spent fuel storage will be weakened, do not accurately reflect the rule’s purpose or effect. Ultimate responsibility for the disposition of spent fuel lies with Congress and the Department of Energy. DOE’s most recently stated goal is to have a repository available by 2048. The NRC is committed to ensuring that spent fuel remains safe and secure, wherever it is stored or disposed.

OIG Report: Yucca Mountain Records Retention

Stephen Dingbaum
Assistant Inspector General for Audits

 

oigAn Office of the Inspector General audit that looked at the NRC’s policy and procedures on document management related to the high level waste repository at Yucca Mountain is now available.

The audit set out to determine if agency policy and procedures on document management are compliant with federal requirements and provide reasonable assurance that documentation related to the review of the Yucca Mountain facility has been appropriately managed and retained.

In 2008, DOE submitted a license application to the NRC to build the repository at Yucca Mountain, in Nevada. DOE later filed a motion to withdraw the application in March 2010. NRC staff was subsequently directed to prepare the orderly closeout of their technical review.

The OIG audit report indicates that all records were retained; however, NRC was out of compliance with the agency’s records management policy during the period that the licensing process was suspended. OIG notes the NRC has recently become compliant with its records management policy; therefore, OIG makes no recommendations.

The NRC’s OIG is an independent, objective office tasked with auditing NRC programs and operations with a focus on — among other things — detecting fraud, waste, abuse and mismanagement.

 

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.

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