Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada: Proposed Conditions on the Construction Authorization and Probable Subjects of License Specifications (NUREG-1949, Volume 5)
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Manuscript Completed: January 2015
Date Published: January 2015
Office of Nuclear Material Safety and Safeguards
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
The Safety Evaluation Report (SER) evaluates the U.S. Department of Energy's (DOE's) license application for a construction authorization including the information DOE provided in response to the U.S. Nuclear Regulatory Commission (NRC) staff's requests for additional information (RAIs) and other information that DOE provided related to the Safety Analysis Report (SAR). The NRC staff is issuing its SER in five volumes. The five SER Volumes document the NRC staff's review of the general information (SER Volume 1), repository safety before permanent closure (Volume 2), repository safety after permanent closure (Volume 3), administrative and programmatic requirements (Volume 4), and proposed conditions on the construction authorization and probable subjects of license specifications (Volume 5).
This SER Volume 5 documents the NRC staff's proposed conditions of construction authorization, including proposed conditions documented in the other SER Volumes. In addition, SER Volume 5 documents the NRC staff's review of DOE's probable subjects of license specifications provided in its SAR in DOE's June 3, 2008, license application submittal (DOE, 2008ab), as updated on February 19, 2009 (DOE, 2009av). The NRC staff also reviewed information DOE provided in response to the NRC staff's RAIs and other information that DOE provided related to the SAR.
The NRC staff has found that DOE has met the applicable regulatory requirements, subject to the proposed conditions of construction authorization identified in Table 2.5-1 in SER Volume 1 (General information), Volume 2 (repository safety before permanent closure), Volume 3 (repository safety after permanent closure); Volume 4 (administrative and programmatic requirements), and Volume 5 (with respect to probable subjects of license specifications), except for the requirements in 10 CFR 63.121(a) and 10 CFR 63.121(d)(1) regarding ownership of land and water rights, respectively. The NRC staff is not recommending issuance of a construction authorization at this time because the NRC staff determined that DOE has not met these regulatory requirements regarding ownership and control of the land where the GROA would be located and certain water rights. In addition, a supplement to DOE's environmental impact statement has not yet been completed.
Nevertheless, in accordance with 10 CFR Part 63 requirements regarding conditions of construction authorization, SER Volume 5 includes proposed conditions of construction authorization identified by the NRC staff based on its review of DOE's SAR, supplemental documents referenced in the SAR, and DOE's responses to NRC staff requests for additional information (RAIs). These NRC staff proposed conditions could be included in a Construction Authorization if there is a Commission decision to authorize construction. However, these proposed conditions do not represent an approach for addressing regulatory requirements that DOE has not met regarding ownership and control of certain land and water rights. Should the applicant provide additional information, the NRC staff may remove or revise a condition identified in the NRC staff's SER, or could add one or more conditions, based on its review of the information.