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High-Level Waste Disposal Licensing

Many steps remain to be completed before any NRC licensing action of a high-level waste repository could occur. These steps are defined in the Nuclear Waste Policy Act of 1982. Only after the steps are completed could the DOE submit a license application to the NRC.

• Licensing Process
• Licensing Criteria
• Background
• Process Description
• Hearing Process

Licensing Process

The Nuclear Waste Policy Act specifies that licensing of a geologic repository will occur in three phases. In the first phase, the Department of Energy (DOE) would apply to the NRC for authorization to construct a geologic repository. Once a construction authorization request is submitted, by law, the NRC will have three years to perform its review, conduct a public hearing, and reach a construction authorization decision by an independent Licensing Board. To comply with this schedule, the NRC is already reviewing the DOE's site characterization activities and investigations to identify and resolve potential licensing issues. However, during the licensing proceeding itself, all issues, including those previously resolved, can potentially be reopened by the Licensing Board and become issues of contention during the hearing. Should a license for construction authorization be granted by the NRC, then the process would enter the second phase.

In the second phase, as construction of the repository nears completion, the DOE will request a license to receive high-level radioactive waste. If the NRC grants that license, the DOE will begin placing high-level radioactive waste into the repository. In the third phase, when the repository is full, the DOE will apply for a license amendment to decommission and permanently close the disposal facility.

For each phase of the licensing process, the same licensing procedures are followed by the NRC. For instance, for the construction authorization phase, the NRC process for licensing a high-level waste repository includes an initial review of the application to learn whether it is complete. If the application is incomplete it will be returned to DOE. If the application is complete, it will be docketed, and a public notice will be published. The public notice provides information on how the application can be accessed by the public, and it will offer the opportunity for public intervention in a public hearing on the application. After the NRC reviews the application and completes a hearing it will make a decision on whether to authorize construction of a high-level waste repository by the DOE.

Licensing Criteria

Background

On June 13, 2001, EPA published final standards (40 CFR Part 197) for disposal of spent nuclear fuel and high-level radioactive waste in a proposed geologic repository at Yucca Mountain, Nevada. On November 2, 2001, NRC published final regulations for Yucca Mountain (10 CFR Part 63) on November 2, 2001. As required by statute, NRC’s regulations are consistent with EPA standards.

The State of Nevada and other petitioners challenged both the EPA standards and the NRC regulations in court. On July 9, 2004, the United States Court of Appeals upheld both EPA's standards and NRC's regulations on all but one of the issues raised by the petitioners. The court disagreed with EPA's decision to adopt a 10,000-year period for compliance with the individual protection standard and NRC's adoption of that 10,000-year compliance period in NRC's implementing regulations. Thus, the court vacated EPA's rule at 40 CFR Part 197 to the extent that it specified a 10,000-year compliance period and remanded the matter to EPA. In response to the remand, EPA issued its proposed revised standards on August 22, 2005, (Federal Register Vol. 70, pages 49014-49065 ), which provide for a separate dose limit (350 mrem/yr) to be applied beyond 10,000 years up to 1 million years. To comply with EnPA and the court's remand, NRC proposed revisions to 10 CFR Part 63 on September 8, 2005,
(Federal Register Vol. 70, pages 53313-53320 ).

Process Description

The NRC has proposed to amend the regulations governing the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain, Nevada. The proposed rule would implement the EPA’s proposed standards for doses that could occur after 10,000 years up to 1 million years. The proposed rule also specifies a value to be used to represent climate change after 10,000 years, as called by EPA, and specifies that calculations of radiation doses for workers use the same weighting factors that EPA is proposing for calculating individual doses to members of the public. The comment period expired on December 7, 2005. Following review of the public comments and finalization by the EPA, NRC expects to finalize its regulations.

Hearing Process

If disputed matters were involved in the licensing of a high-level waste nuclear repository, the NRC could conduct hearings. Stakeholders affected by such a facility would be afforded an opportunity to participate in a hearing. The parties and potential parties to the hearing on the DOE application will make their documents available via the Internet before the DOE application is submitted to the NRC. The Atomic Safety and Licensing Board Panel of the NRC has developed the Licensing Support Network. The Licensing Support Network provides a single place where the parties and potential parties to the licensing hearing can search for documents from any or all of those collections in a uniform way.

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Tuesday, April 03, 2007