ML19344D734

Forwards Summary of NRC Licensing Program for High Level Radioactive Waste Disposal.Includes NRC 791206 Fr Notice & Div of Waste Mgt FY81 Budget for High Level Waste Mgt Program

ML19344D734
Person / Time
Issue date:	04/16/1980
From:	Cyr K NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Mark Miller Atomic Safety and Licensing Board Panel
References
FRN-44FR61372, RULE-PR-50, RULE-PR-51 NUDOCS 8004280077
Download: ML19344D734 (32)

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April 16,1980 Marshall E. Miller, Esq.

Presiding Officer Waste Confidence Rulemaking Proceeding U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Proposed Rulemaking on the Storage and Disposal of Nuclear Waste (Waste Confidence Rulemaking), NRC Docket No. PR-50-51 (44 FR 61372)

Dear Mr. Miller:

Enclosed is a summary of the NRC licensing program for High Level Waste disposal. A copy will be served on all participants in the rulemaking proceeding.

Respectfully submitted, W

V SS Karen D. Cyr Attorney Rulemaking and Enforcement Division

Enclosure:

Summary l

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677 706428o.45

e Summt.ry of NRC Licensing Program for High-Level Radioactive Waste Disposal At the first prehearing conference for this proceeding on January 29, 1980, the U.S. Nuclear Regulatory Commission staff (NRC) agreed to submit information on the waste management licensing program and the schedules for that program.I The following statement describes the licensing program of the NRC.

This statement, is not intended to imply a favorable or unfavorable position on the matter of confidence in radioactive waste disposal.

Its purpose is to set forth for the record the NRC's waste management licensing program with regard to high-level radioactive waste disposal.2 The NRC's responsibilities for licensing and regulating the disposal of radioactive wastes are derived from three statutes: the Atomic Energy Act of 1954, the Energy Reorganization Act of 1974, and the National Environmental I Tr. 52., In the First Prehearing Conference Order, February 1,1980, p.8, it was made very clear that the NRC staff is not a party to this proceed-ing and is not required to state a position, make a case, sustain a burden of proof, or otherwise be subjected to adversarial conduct.

2 High-level radioactive wastes are defined here as "(l) irradiated reactor fuel, (2) liquid wastes resulting from the operation of the first-cycle solvent extraction system and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated fuel, and (3) solids into which such wastes have been converted."

t Policy Act of 1969. These statutes require that the NRC evaluate all aspects of repository perfonnance which could affect public health and safety or the quality of the environment. As part of its responsibility, NRC must assure that facilities developed by the U.S. Department of Energy (D0E) for the dis-i posal of high-level radioactive waste are properly sited, designed, constructed, operated, and decomissioned so that the facilities comply with the environmental e

protection standards for radioactive wastes established by the Environmental ProtectionAgency(EPA).3 The Energy Reorganization Act of 1974 abolished ti ~ itomic Energy Commission and assigned its regulatory and developmental functions to two different agencies.

The Nuclear Regulatory Comission (NRC) was established as an independent agency responsible for regulating those activities associated with the civilian or com-mercial use of nuclear energy.

Until that time, there was_no need to develop a regulatory framework for licensing the disposal of high-level wastes because the Atomic Energy Comission was responsible for waste disposal and regulated itself through internal procedures.

The NRC began to focus attention upon developing a regulatory framework for the management and disposal of high-level (as well as low-level) radioactive waste with the establishment of a Waste Management Branch in the Office of 3

Federal Register, Volume 43, No. 221, Wednesday, November 15, 1978, pp. 53262-53268.

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. Nuclear Material Safety and Safeguards in mid-1975.

In March 1977, the Waste Management Branch was expanded and elevated to the level of an Assistant Directorship.

In January 1979, the Division of Waste Management was established to centralize and further emphasize the waste management activities within the NRC.

The manpower and funding levels for waste management activities increased accordingly during this period.

Table 1 illustrates past and rrojected man-power and financial resource levels for the high-level waste management program within the NRC.

TABLE 1.

NRC HIGH-LEVEL WASTE MANAGEMENT RESOURCES (1975-1981)

Funding Level Year Manpower (Millions of Dollars) 1975 3

1976 8

0.3 1977 12 4.8 1978 19 6.1 1979 27 6.6 1980 42 7.3 1981 50 10.6 The long-range goal of the high-level radioactive waste program at the NRC is to assure that all repositories subject to NRC licensing authority will function in a manner that will not adversely effect the public health and

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safety and the human environment.

i In striving to accomplish this goal, the liRC's primary objective for the past few years has been to develop a regulation for the disposal of high-level radioactive wsste that would, if cotplied with, assure the public's health and safety. This regulation (referred to as 10 CFlt 60) will govern the licensing of the DOE to receive and possess source, special nuclear, and byproduct material at a geologic repository.

Tne first major milestone in this effort was accomplished on fiovember 17,,

1978, when a proposed General Statement of Policy on the licensing procedures for geologic repositories for high-level radioactive waste was published by the briC.4 The proposed General Statement of Policy was intended to seek-public coun.ent on procedures for licensing geologic high-level waste repositories.

5 Eased on public corrents received on the proposed General Statement of Policy and further staff deliberations, the General Statement of Policy was superseded on Dece.nber 6,1979, by a Proposed Rule for licensing the receipt and disposal of high-level radioactive wastes at geologic repositories.0 (A copy of the Proposed Rule is appended as Appendix A.)

This Proposed Rule contained those subparts (A through D to 10 CFR CD) of the regulation which would govern the procedural aspects of the licensing review 4Federal Register, Volume 43, No. 223, Friday, hovember 17, 1978, pp. 53869-53672.

5Comments were received from thirty groups and individuals and fourteen states.

6Federal Register, Volume 44, No. 236, Thursday, December 6,1979, pp. 70408-70421.

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of a waste disposal facility. A schematic drawing showing the major NRC licens-ing reviews as set forth in tne Proposed Rule is provided as Figure 1.

In addition to the dRC licensing steps, the estimated time periods for conducting these licensing reviews are also illustrated as well as the major DOE milestones in developing a geologic repository. The detailed explanation of activities that will transpire during the various licensing steps can be found i

in the Proposed Rule.

The conuent period for the Proposed Rule closed on Narch 3,1980.

Comments were received from twenty-nine individuals and groups.

The NRC is currently con-sidering these coaments and will publish a final regulation in December 1980.

The general technical criteria for geologic repositories will be contained in Subpart E to 10 CFR 60. Tnese criteria will contain requirements related to site suitability, waste package perfonnance, and repository design, con-struction, operation, and closure.

In developing the general technical criteria, the NRC staff adopted a i

philosophy of a multi-barrier approach to radioactive waste disposal.

In this approach, the repository is assumed to be composed of three major barriers:

(1) the waste package, (2) the engineered repository structure, and (3) the site and its environs. The HRC will establish minimum performance objectives for each of these major barriers.

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. Our planned approach is to set performance objectives for the period when the radiological hazard is dominated by the fission products and also for the long-term performance when the radiological hazard is relatively constant and dominated by the actinides. The NRC is putting emphasis on (1) engineered containment of radionuclides during the fission product pulse when the hazard is the greatest and (2) assurance of a controlled release thereafter. This simplifies analysis and reduces uncertainties introduced into the analysis of the total system. During the period of engineered containment of the waste, the site geology should provide sufficient backup to account for possible loss of engineered containment. Thereafter, the site geology should have the capacity to retard the movement of the long-lived radionuclides to the access-7 ible environment so that the EPA standard is not exceeded.

8 An advanced notice of rulemaking was presented to the Commission on April 10,1980.

The advanced notice of rulemaking will be followed by a proposed rule for the technical criteria (Subpart E to 10 CFR 60) in December 1980.

If the Commission deems it appropriate, a rulemaking hearing will be held prior to the issuance of the final rule for the technical criteria. The final rule is currently scheduled to be issued in December 1981.

Table 2 summarizes the principal milestones in the development of NRC regulations on high-level radioactive waste repositories.

70p. cit., Ref. 3.

0Advanced Noticed of Rulemaking on Technical Criteria for Regulating Geologic Dispoal of High-Level Radioactive Waste, 10 CFR Part 60, SECY-EO-177, April 4,1980.

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i TABLE 2.

SCHEDULE FOR NRC WASTE DISPOSAL REGULATIONS a

Regulation Issuance Date 10 CFR 60 Proposed Rule Final Rule Procedural (Subparts A through 0)

December 1979 December 1980 Teciinical (Subpart E)

December 1980 December 1981 "The issuance date for the final rules assuues a 60 day review period by the Convaission prior to final approval.

In addition to developing regulations, the f;RC is also engaged in activities related to (1) the development of regulatory guidance (technical directives and regulatory guides), (2) the development of a capability to perfona reviews of DOE license applications, (3) the preparation for conducting site characterization reviev.s, and (4) the evaluation of DOE research and development efforts in the.

waste uanagement field.

The major goals, objectives, and accomplishraents of the HRC's waste manage-ment progran are summarized in our FY 1981 budget suomittal to the U.S. Congress.

A copy of that submittal is appended to this docuuent as Appendix B.

Pr3 POSED LICENSING PROCESS FOR HLW REPOSITORY DOE MILESTONES 4 YE ARS CONSTRUCTION 30 TO_4,0 YEAR OPER ATING PERIOD First Site Last Site Characterization Characterization Site Start of Receipt Repository Report Report Selected Full Construct. ion of Waste Closed C;

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thereby reduce the stringency of the '

unaccept:ble on thibasis of careful'

,reviiw. NRC will examine the subsequent safety reviews.*

examination of surface reconnaissance data. However, this situation is unlikely ~

DepartmInt's site selection process with_ bolsterad not only by comments characterization is also a process of site -

Support for our revised position is '

for tworeasons.First th. process of site (this in mind, and the results of this e

revi;w will be reDected in the Director's received on the Policy Statement but '

elimination.There is no point to opinion.Thus, application of the also by many in the earth science proceeding with exploration and testing Cechnical criteria will guide the Department toward a slate of candidate community with whom we have

.~ at depthif the surface reconnaissance..

discussed this matter, including data reveal aninsuperable defect.

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sit:s that are among the best that

. members of the U.S.GeologicalSurvey. Second, under the procedures re:sonably can be found.Under this staff.These experts agree that -

contemplated by the proposed rule, the

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spproach, the selection of a proposed exploration and testing at depth should Departmentwill augment the site site from emong the alternatives would be perfor:ned if sufficient data are to be characterization report with semiannual -

e ha d:ferred until site characterization of obtained to determine.wl"her the reports to the Director Office of Nuclear a

the slite of candidate sites is atleast surrounding geology will. trd waste Materia 1 Safety and Safeguards. These substzntidly complete.

migration and to make menmngful.

reports along with any comment by the It can be noted that the procedure,

comparisons among alternatives.

Director will be made public. If review here is consistent with the Further, the importance of exploration at of a report reveals such a defect, the recommendationof theInteragency depthhas been cited by both the IRG Director.willpublicly inform the e

Revi:w Group on Nuclear Waste report (Appendix A) and the recent Department of the problem and,if...

M:nigement which calls for National Academy of Sciences report.

warranted, could caution the simultaneous investigatien of several

" Implementation of Long. term Department from proceeding further potential sites.*

Environmental Radiation Standards:

with the site.Moreover,in the context of s' Site Chiracterization and Authorization The Issue of Verification" (Committee - overall project costs for a repository, the on Radioactive Waste Management, Incremental site characterization costs cf Constmetma 1979).

are small indeed. Again, it is difficuTt to Under the proposed Policy Statement.

The investigations which the Policy generalize since different media and only surface exploration combined with Statement would have allowed prior to sites will present a variety of factual

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some test borings would be permitted construction authorization were limited situations. In our analysis, however, we prior to the Commission's initial to surface geophysical techniques such have determined that total site licensing decisich-either a construction as aeromagnetic and gravity surveys characterization expensec for a generic -

cuthorization or a provisional.

and seismic traverses augmented by a hypothetical site could be expected to construction authorization.This few borings and welllogs. Insofar as amount to about $20 million.

procedure was intended to allow the.

subsurface geology and hydrology are We do not minunize the amount of Commission to complete a safety and concemed, such investigation would public funds that we haveidentified as a environmental review oefore the '

provide substantialinformation reasonable estimate cfincremental site Deptrtment undertook a major regarding the stratigraphy and characterization costs or the increasing commitment of resources (money and hydrogeology of the site.While this urgency for disposing of the wastes

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manpower).

information is obviously relevant and which may accompany any delay in We now perceive two grounds for extremely important in evaluating a site, licensing action.These factors should be qurstioning our previous thinking. First, the data needed to establish the ult! mate examined. however,in the light of the the quality of the data that will be suitability of the site is likely to be requirement discussed above that avtilable before completion of site obtained only through exploration and multiple sites must be characterized.

chst:cterization as currently envisioned in situ testing at depth.i.e in the The effect of this change is to decrease, -

is unlikely to provide a satisfactory proposed host rock unit.This in a highly significant way, the levelof -

brsis for arriving at the technical exploration and testing are needed not commument of the Department or the Judgmtnts reflected in the standards for' only to determine whether serious but Commission to any particular site. Also,

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I construction authorizatfon and not readily' observed defects are present, the delay willhelp to assure that the provisional construction authorization but also to determine specific properties Commission avoids making any -

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thst are contained in the Policy

- such as homogeneity, porosity, the improvident, premature commitment to-Statement. Second, further study extent of fracturing and Jointing, and a particular site by making a licensing pirsuades us that the commitment of thermalresponse of the rockincluding decision before it has thenecessary resources involved is not so great nor expansion,iluid migration and technical data that would pennit it to -

l the environmentalimpacts so large as to decrepitationJOf course, the kinds of make a commitment with confidence.

1 cd the Commission to exercise its defects--fractures, breccia pipes, etc.-

Further, this approach could provide a licensing authority in advance of site willvary from one kind of medium to ready alternative for considerationin "-

characterization. Our revised position another, and from site to site, as will the the event that the Department's now more closely resembles an Properties which are key to isolation of proposed site is found unsuitable.

l approach presented in comments.

the wastes. But the important point is As discussed earlier,itwouldbe '

l submitted by the Natural Resources that without exploration and in situ DIfense Council, among others, that testing in the proposed host rock unit, possible for the Commission to structure its proceedings'so as to provide ~for.

deferment of some specific safety neither the defects nor the key formal hearings onlimited issues at an -

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findings may be desirable in order to parameters can be determined with-.

evoid decisions based on inadequate

~ confidence,it might be argued that early stage in the process.The hearing ~

process has clear advantages as a information and analyses so long as the deferring the~ initiallicensing decision to '

mechanism for fact-finding. But it can be increased financialinvestments and a later stage in some cases could lead to an inefficient and cumbersome means' _

institutional commitments do not the expenditure of some resources and for arriving at decisions.Moreover. -

the waste of time pursuing projects that since several sites are to be

'Riport or the IMeragency Review Group on might otherWise have been found to be '

Nacitar Waste Management. March Ws.

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characterized. hearings would not be so

1. incensing of a geologic repository under NEPA for site characterization l

well. focused as they would be after a would be a major Federal action which activities proposed for a particular site.

single site had been identified in a requires the preparation of an Once site characterization is initiated.

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license application.

environments! Impact statement by the the Department should inform the We are satisfied that the opportunities Commission. While development of -

Director by semiannual report of the for public participation and the disposal technologies and methods is a progress of the site characterization r

Commission's staff review that have programmatic activity for which the activities and schedules.The been included in the proposed rule will department must assume responsibility.

Commission staff should be permitted to provide an acceptable avenue for issues related to alternative visit the site and to observe excavation.

achieving early identification of relevant technologies will be considered by the boring and testing activities. The Issues and concerns. The proposed rule,

. Commission in the context oflater Director may respond from time to time contemplates an opportunity for formal, decisions.

-in writing to the Department to express Commission proceedings before his current views on questions raised in Pmc h s construction. before receipt of the semiannual reports or site visits.

radioactive waste, and before and after The Cominission will participate in Inasmuch as the site characterization decommissioning. Each of these decision four stages in the review of the activities could have an adverse impact points may involve issues of great Department activities involving high-

- upon site safety. i.e., could affect the significance to the health and safety of level waste disposal at a particular site's ability to contain the waste, failure the public. Questions arising during site geologic repository. Although essentially by the Department to involve the NRC in characterization can be resolved less the same features are addressed, with the manner described here and to formally,in our judgment. without each stage there is a progressive implement the recommendations of the jeopardizing public health and safety.

increase in knowledge regarding these Director could result in denial of the Moreover the independent NEPA features and a corresponding increase in subsequent license application. These obligations of the Department provide confidence in a decision whether Hl.W procedures will be followed for each of I

additional structured opportunities for can be disposed of at a repository at the the number of sites in appropriate evaluation of environmentalissues.

site.

geologic rr edia which the Department In the first stage when the Department intends to characterize, prior to its Scope of Proposed Rul*

has formulated plans for a prospective selecting a proposed site. We believe The proposed rule addresses only the repository to the extent that it wishes to - that these procedures will provide licensing of geologic disposal of HLW.

begin site characterization, it will be adequate regulatory participation so Alternative methods of disposal are not required to submit a site that a site will not be made unusable by addressed chiefly becauseinforr ation characterization report which contains.

characterization. and at the same time i

, from the department indicates that among other things, the program plan by will assure that the data needed to geologic disposal is the only technology which the Department willinvestigate enable a comparison of alternatives and likely to be the subject of a license and characterize sites.The report will a reasoned choice m the selection of a application in the foreseeable future.

address the process by which the media site is gathered.

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Some methods are still developing and site (s) were chosen for The second stage begins with the technologies. e.g., transmutation. For characterization and the Department's submission by the Department of an others it is not clear what the program for further development of application for construction Commi sion's lic'ensing authority would alternatives.* The report also will authorization at a particular site from be. For example technical feasibility contain a description of the media and among those characterized.' We do not issues aside, nea bed emplacement or site (s) to be characterized and the site anticipate that action will be taken on disposalin Antarcticice sheets would characterization program. The report an application until the site require international arrangements w'll be reviewed by the NRC staff with charaterization efforts at ses eral sites

~ involving legislative action. In general, opportunity for public comment on both are substantially complete.

the Commission does have licensing the report and a staff analysis of the autho'rity over surface storage and report. Also,it is anticipated that the Subsequent to staff review and disposal facilities within the United Commission will hold local public preparation of an EnvironmentalImpact States. However, surface disposal is not meetingsin theimmediate area of the Statement,it is anticipated that a anticipated; and surface storage.perse, site (s) to be charactenzed.These licensing board will be appointed and the license application will undergo the could be covered under other parts of meetings will be held both t

-the commission s regulations.

disseminate information and to obtain first formal review. Including public The proposed rule contains only the public input which will be fac' tored into hearings. lf the Commission finds after

. procedural requirements for licensing.

the final version of the staff analysis.

considering reasonable alternatives that.

The technical criteria against which the included in the final analysis will be a the benefits of the proposa! exceed the i

license application will be reviewed are statement by the Director expressing his [afon blea nce that the types and still under developme st However, the opinion on the site, the site report and scope of the technical criteria is the Department's site selection and am unts of wastes described in the regarded as being sufficiently developed characterization program.The 8pplication can be received, possessed.

to determine an appropriate licensing Department should consider the site and, disposed ofin a repository of the procedure for their implementation. This characterization analyses before design proposed at the site without enables the Commission to propose a publishing a final environmental impact procedural rule even though the statement, where such may be required d".EnDu'dN.*u*NENon.i.

technical criteria are still under review-c minimum of thrn Wtw myrwenuns a minimum of In the interest of proceeding with

• Note.-nis willinclude the identification d two geo!osic media. Howmr. in lisht of the development of the necessary regulatory loc.uan of other media and.ites which the..

apaiton, se Caunimion fuW upats me sisnificana of the decision selectins a site for a framework for licensing, these licensin8 Depanment considm altmum to eune beins put forth for site characterization and for which the Department to submit a wider rense of alternatives procedures, therefore, are bein8 Department intende to submit subsequent site than the minimum.oussested here.

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unreasonable risk to the health and State Participation Improving State Participation in the saf;ty of the public or being inimical to

-He submittal of a site Siting. Licensing and Development of tha common defense and security, characterization report by the.

. Federal Nuclear Weste Facilities."

NMWarch.He utent d construction of the repository will be Department not only begins the cuthorized.

Commission's involvement in the State participation may be affected by i

Stige three is a further review of the planning and development of a geologic legislative action on the matters cpplication prior to receipt of wastes at repository, but also marks the beginning discussed in that report.

I tha repository.The Commissionwill of State participation in the licensing Other Reviews

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issun a license to the Department if it -

process. States may submit proposals In addition to reviewing applications I

finds, among other things that the for participation in the review of the Site. from the Department and materials-1 issuince of the license will not Characterization Report and any submitted in support of those constitute an unreasonable risk to the subsequent license application from the applications, the Commission's staff will Department. In addition, at that time health and safety of the public.The Commission staff will be made available. follow closely the unfolding of the-findings would be based upon a review Department's overall program for the cf an update of the application to discuss with mpresentatives d both disposal of radioactive wastes.The submitted for construction authorization State and local governments informannn Director will cemment from time to *--

cnd cn updated environmental report if submitted by the Department.

on all matters pert;nent ano appropriate States may request to participate in to the Nuclear Regulatory Commission's..

needed. Among items to be considered several ways. States e uld assist the role as the licensing agency.%e.

in the review are additional data Commission in the review of specific Director also will provide the - ~,

acquired during construction, portions oflicense applications. States-could pericrm other technical assistance tec$artment with specific guidance on De conformance of construction with nical matters relevant tolicensing design, and resolution of questions not work for the Commission. particularly in requirements.

caswered during the construction the area of environciental studies and Two areas to which the Commission authorization review. It is expected that the like. States might perform staff intends to pay particular attention cdjudicatory hearings would be held to environmental andradiatica monitorin8 are the Department's site scree sing consider appropriate issues. (All ~

for the Commission throughout the procedure and its waste form research i

hearings would be conducted in operational period and perhaps after and development program. Both the eccordance with subpart G of 10 CFR closure as well. States coud also screening of sites for site

. Part 2.)

participate through employment or characterization and selection of a i

Once all the wastes have been ewhange of State and Federal personnel waste form are programmatic decisions smplaced, the Department may submit under the Intergovernmental Personnel within the prerogatives of the en application to decommission the

' Act. In addition. States could participate Department as the agency charged with repository, and the final review of in hearings on a license application the responsibilities to dispose of the repository activities will begin..

under the applicable provisions of the wastes.However.Itisimportant to the.

Additional geologic and hydrologic data rules of practice.The Commission Commission's ability to discharge its acquired during the emplacement period intends to develop further guidance to licensingresponsibilities that the course as well as the results of test and assist the States in planning for such which the Department follows to select experiments on backfilling and shaft participation.

sites is systematic, well. reasoned, Besides review of site publicly accessible, and ultimately will sealing along with the Department's characterization reports, h,eer.se result in a slate of characterized sites planned decommissioning program, will applications, and ongoing work m, whose members are among the best that be considered by the Commission in support of the license application. States reasonably *can be found. Moreover.

determining whether the planned might also beinvolved by the because selection of a waste form method for decomminioning is Department (in response to the commits significant resources to the adrquate. Following decommissioning, regulations for implementation of NEPA development and production of that DOE may seek an amendment to or otherwise)in the site selection waste form, as well as influences tzrminate the license. ne Commission process itself.%e requirement that the repository design. the Commission may terminate the license ifit fin'ds that Department must describe in its site believes that the Department's research the final disposition of wastes is'in characterization report how States were and development program must address conformance with the Department's involved in the site selection process and compare alternative waste forms.

License, that the final state of the reflects the Commission's expectation The Commission also must be familiar repository site is in conformance with

' that the Department willinvolve State with the Department's waste form the requirements of the license. and that and local governments in its site research and development program so termination of the license is authorized selection programs.The Commission the results of the program can be under the Atomic Energy Act.

believes that many issues. Including ^e factored into the licensing process.

Alternatively the Department may NEPA questions related to alternatives The Commission has decided r.ot to continue to be a licenne of the and alternative sites, will be more easily prepare an EnvironmentalImpact Commission and conduct such resolved if State concerns are identified Statement for the rule here proposed. An monitoring and exercise such control at and addressed at the earliest possible EnvironmentalImpact Appraisal setting the repository as might be appropriate.

time. In any case, these procedures have forth the basis for this decision is been designed to allow affected States available for public inspection in the auntu express!y sathortred in the beense to to participate to the fullest extent Commission's Public Document Room.

recstve and possess HLW.an amendment to that possible within the limits of the Pursuant to the Atomic Energy Act of ~~

hecm. mu be required to snow the Deparu._ent to Commission's authority and the State's 1954, as amended.Tbe Ener;,y conduct partial backMling to parts of the repository own desires and Capabilities.

Reorganization Act of1974, as amended.

7tsN*d7s"ot pptftabac

tut Yat

%e Commission recently submitted to and section 553 of title 5 of the United are described in the hcense.]

the Congress a report on "Means for States Code. notice is hereby given that t

l 1

.k E

. Federal Regist:r / Vol. 44, No. 236 / Thursday, Dic;mbIt 6,1979 / Propos:d Rul:s '

70413

- adoption of a new 10 CFR Part 60 and requested to fi) Submit to the Director of 5 2.103 Action on applications for the following conformation amendments Nuclear Material Safety and Safeguards 14 Product, source, special nuclear material, to 10 CFR Parts 2,19,20,21. 30,40,51 such additional copies as the regulations and operators 1 censes.

e and 70 is comtemplated.' Allinterested in Parts 60 and 51 require, (ii) serve a (a)If the Director of Nuclear Reactor persons who desire to submit written copy on the chief executive of the Regulation or the Director of Nuclear,

comments or suggestions for municipality in which the geologic Material Safety and Safeguards, as consideration in conjunction with the repository operations area is to be appropriate, finds that an application for proposed amendments should send them loca ted or, if the geologic repository a byproduct, source, special nuclear to the Secretary of the Commission, U.S.

operations area is not,to be located material, or operator license complies Nuclear Regulatory Commission, within a municipality, on the clief with the requirments of the Act, the Washington, D.C. 20555, Attention: '

executive of the county, and (iii) make Energy Reorganization Act, and this Docketing and Service Branch by March the direct distribution of additiona; chapter, he will issue a license. If the 3.1980.

copies to Federal. State, and local license is for a facility or for receipt of Copies of comments received on officials in accordance with the waste radioactive material from other proposed amendment may be examined requirements of this chapter and written persons for the purpose of commercial in the Commission's Public Document instructions from the Director of Nuclear disposal by the waste disposallicensee, Room at 1717 H Street, NW.,

Material Safety and Safeguards. All or ifit is to receive and possess high-Washington, D.C.

such copies shall be completely level radioache waste at a geologic PART 2-RULES OF PRACTICE ausbled d cuments, identified by repository operations area pursuant to docket number. Subsequently Part 60 of this chapter, the Director of 1.10 CFR 2.101 is amended to add a distributed amendments. however, may Nuc!e'ar Reactor Regu1 anon or the new paragraph (f) to read as follows:

include revised pages to previous ect r ear Matedal Safety and i 2.101 Fliing of application.

submittals and,in such cases, the Safeguards, as appropriate, will inform recipients will be responsible for the State and local officials specified in 6 2.104(e) of the issuance of the license.

(f)(1) Each application for a license to inserting the revised pages.

3.10 CFR 2.104(e)is revised to read as receive and possess high-level (5) The tendered document will be follows:

radioactive waste at a geologic formally docketed upon receipt by the repository operations area pursuant to Director of Nuclear Material Safety and 5 2.104 Notice of hearing.

Part 60 of this chapter and any Safeguards c' the required' additional environmental report required in copies. Distribution of the additional (e) The Secretary will give timelyt connection therewith pursuant to Part 51 copies shall be deemed to be complete notice of the hearing to all parties and to of this chapter shall be processed in as of the time the copies are deposited other persons, if any, entitled by law to accordance with the provisions of this in the mail or with a carrier prepaid for notice. The Se,cretary will transmit a paragraph.

-delivery to the designated addressees.

notice of hearms on an application for a (2) To allow a determination as to

" Die date of docketing shall be the date facility license or for a license for whether the application or when the required copies are received receipt of waste radioactive material environmental report is complete and by the Director of Nuclear Material from other persons for the purpose of acceptable for docketing. It will be Safety and Safeguards. Within ten (10) commercial disposal by the waste initially treated as a tendered document, days after docketing. the applicant shall disposallicensee or for a license to and a copy will be available for public submit to the Director of Nuclear receive and possess high-level inspection in the Commisison's Public Material Safety and Safeguards a radioactive waste at a geologic Document Room. Twenty copies shall be written statement that distribution of the repository operations area pursuant to filed to enable this determination to be additional copies to Federal. State, and Part 60 of this chapter to the Governor

made, local officials has been completed in or other appropriate official of the State (3) If the Director of Nuclear Material accordance with requirements of this and to the chief executive of the Safety and Safeguards determines that chapter and written instructions municipality in which the facility is to the tendered document is complete and furnished to the applicant by the

. be located or the activity is to be acceptable for docketing, a docket Director of Nuclear Material Safety and conducted or, if the facility is not to be number will be assigned and the Safeguards.

located or the activity conducted within applicant will be notified of the (6) Amendments to the application a municipality, to the chief executive of s

determination. Ifit is determined that all and environmental report shall be filed tlie county.

or any part of the tendered document is and distributed and a written statement 4'10 CFR 2.105(a)is amended by, t

incomplete and therefore not acceptable shall be furnished to the Director of renumbering existing subparagraphs (3) for processing the applicant will be Nuclear Material Safety and Safeguards and (4) as (4) and (5), by adding a new informed of this determination and the in the same manner as for the initial subparagraph and revising the application and ervironmental report.

subparagraph renumbered as (4) to read respects in which the document is deficient.

(4) With respect to any tendered 17)The Director of Nuclear Material Safety and Safeguards will cause to be I 2.105 Notice of proposed actio'n.

'.k e ppb t

Published in the Federal Register a (a)If a hearing is not required by the

. notice of docketing which identifies the Act or this chapter, and if the

%endasnte to to CM Part stwm published State and location at which the Commission has not found that a i

es e proposed rule on October 2s.1s7s (44 m proposed geologic repository operations hearing is in the public interest, it will.

sisnj. It is entscipeted that rules eunaar to the ones - area would be located and will give prior to acting thereon, cause to be thm ProPmd Mll bm been luued la final form notice of docketing to the governor of.

published in the Federal Register a Ip'"ife., D N t N,"ts y

that State.,

notice of roposed action with respect dittent in fann. though not naceneruy in 2.10 CFR 2.103(a) is revised to read as to an app cation for:,

,subetance. from those pr=ntly beine proposed.

follows:

?-

l

.(

, ~

~

e

~

r

g- '

.'70414 Federal Regist:r / Vcl. 44, No.'236 / Thursd y. December 6,1979 / Proposed Rules (3) Alicense to receive and possess (a)(4), and adding a new subparagraph I 51.5 Actions requring preparation of high-11 vel radioactive waste at a (a)(5) to read as follows:

• n**n"ntaumpact atsiments, agative giologic repositog operations area declaragons, N impact pursuant to Part 60 of this chapter; I20.400 Reports of personnel monitoring appraisam schne endudeC (4) An amendment of a license on t*nninehn d *mp%mnN *d (a) An environmentalimpact sp cified in paragraph (a) (1), (2), or (3) statement will be prepared and of this section and which involves a (5) Possesses high-level radioactive circulated prior to taking any of the significant hazards consideration; or waste at a, geologic repository foHowing types of actions-(5) Any otherlicense * *

• operations a: Ja pursuant to Part 60 of 5.-10 CFR 2.105(e)is amended by this chapter.

(10) Issuance of an authorization for a replacing the words "willissue the goelogic repository operations area licensa" with the words "may take th'e PART 21-REPORTING OF DEFECTS pursuant to part 60 of this chapter.

proposed action" following the phrase AND NONCOMPUANCE (11) Issuance of a license to receive

"... or Director of Nuclear Material i

Safety and Safeguards, as appropriate,.

I21.2 [ Amended) and possess high-levelradioactive waste at a geologic repository cnd by adding the words "or other 13.10 CFR 21.2 is amended by operations area pursuant to Part 60 of cction" following the phrase inserting "60," after "35,40," and also by this chapter.

L

"... published in the Federal Register a inserting "60." after "40, 50,".

(12) Any other action which the s

notice of issuance of the license."

Commission determines is a major 6.10 CFR 2.106 is amended by adding I2M [Anwnded)

Commission action significantly a paragraph (c) to read as follows:

14.10 CFR Part 21, i 2L3(a). 2L3(a-affecting the quality of the human 1)(1). 2L3(a-1)(2), and 2L3(k) are environment.

I 2.106 N e of issuance, amended by adding "60," after "40. 50,".

19.10 CFR SL5(b)is amended by:

(

replacing the period at the end of (c) The Director of Nuclear Material I 21.21 [ Amended]

r subparrgrph (4)(id) with a semicolon; Safety and Safeguards will also cause to 15.10 CFR 2L21(b)(1)(1) and adding a new subparagraph (4)(iv);

be published in the Federal Register 2L21(b)(1)(ii) are amended by adding substituting "(b)(4)(iv)" for "(b)(4)(lii)" in notice of, and willinform the State and "60," after "40,50,".

paragraph (5); inserting "80," following local officials specified in i 2.104(e) of, "40,50,"in paragraph (6); and adding a any action with respect to an PART 30-RULES OF GENERAL new paragraph (9). With these changes.

application for a license to receive and APPUCABluTY TO LICENSING OF 10 CFR 5L5(b)(4) reads in part as posssss high-level radioactive waste at BYPRODUCT MATERIAL followsr a geologic repository operations area cursuant to Part 60 of this chapter for 16.10 CFR 30.111s amended by adding I 51.5 Actions requiring preparation of

' hich a notice of proposed action has a new paragraph (c).

environmental impact sta*ements, negative w

bezn previously published.

declarations, environmental appaisats:

l 30.11 Specific exemptions.

action exc!uded.

PART 19-NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS; (c) The Department of Energy is (b) * *

• INSPECTIONS exempt from the requirements of this i 19.2 [ Amended]

part to the extent that its activities are (41 Issuance of an amendment which 7.

subject to the requirements of Part 60 of would authorize a significant change in 60,,,10 CFR 19.2 is ame,nded by adding this chapter.

7, Dowing.'30, 40,,.

the types or significant increase in the amounts of efDuents or a significant i 19.3 [ Amended]

PART 40-DOMESTIC UCENSING OF increase in the potential for accidental OURCE MATEMAL releasu of a license fon 6.10 CFR 19.3(d) is amended by e

adding "60," following "35, 40,".

17.10 CFR 40.14 is amended by adding (iv) The receipt and possession of ae Paragraph M-high-level radioactive waste at a PART 20-STANDARDS FOR geologic repository operations area PROTECTION AGAINST RADIATION I 40.14 Specific exemptions.

pursuant to part 60 of this chapter.

=

e e

l 20.2 [ Amended]

(c) The Department of Energy is (5) Renewal oflicenses to conduct I

o "30,40,.

exempt from the requirements of this

. activiti listed in paragraph (b)(4)(i)-

part to the extent that its activities are II }

I 20.3 [ Amended) subject to the requirements of Part 60 of 10.10 CFR :'O.3(a)(9) is amended by this chapter.

(9) Termination of a license for the cdding "00," following "35,40,".

possession of high-level radioactive PART51-UCENSING AND waste at a geologic repository I 20.301 [ Amended]

REGULATORY POUCY AND operations area at the request of the r

11.10 CFR 20.301(a) is amended by PROCEDURES FOR ENVIRONMENTAL licensee.

adding "60," fellowing "35,40,".

PROTECTION 20.10 CFR 51.5(d)(3)is amended by 12.10 CFR 20.408(a) is amended by deleting the word "or" following the 18.10 CFR 51.5(a)is amended by -

adding "60," following "40,50,".

phr:se "of this chapter;"in adding new paragraphs (10) and (11),

2L10 CFR SL40 is amended by subparagraph (a)(3), inserting the word and renumbering present paragraph (10) revising subsection (a) to start "except "or" following the phrase "of the as paragraph (12) to read as follows:

as provided in paragraphs (b), (c), and (d) of this section.." and by adding a fnllowing quantities:" in subparagraph new subsection (d) to read as follows:

Federal Register / Vcl. 44. N:. 236 / Thursday. DecembIr 6,1979 / Proposed Rules

~

70415~

3 51.40 Environmental reports I 70.14 Specific --., _ _.

Subpart Ahl Provisions i

(a) Except as provided in paragraphs (b).(c) and(d)of this section/ * *

(c) %e Department of Energy is I80J Purpose ami scope.

exempt form the requirements of the -

This part presembes rules governing (d] %e Department of Energy, as an.

regulations in this part to the extent that the licensing of the Department of applicant for a license to receive and its activities are subject to the Energy to receive and possess source.

posses radioactive waste at a geological requirements of Part so of the chapter.

special nuclear, and byproduct material

(

repository operations area pursuant to

24. A new Part 60is added to read as at a geologic repository operations area.

O p

Part 60 of this chapter, shall submit at i Hows:

I80.2 Definitions.

l the time ofits application orin advance.

and at the time of amendments. In the PART 60-DlSPOSAL OF HIGH. LEVEL As used in this part:(a)" Candidate manner provided in 3 60.22 of this RADIOACTIVE WASTES IN GEOLOGIC area" means a geologic and hydrologic t

REPOSITORIES system within which a geologic chapter, environmental reports which discuss the matters described in I 51.2".s.

Subpart A--GeneralProvisione,

sI Inay be1 ed.

The discussion of alternatives shall sec-include site characterization data for a 80.1 Purpou and scope.

means clearing ofland, surface or t

number of sites in appropriate geologic so.2 Definitions.

suburface ucavadon, or ok l

media

• so as to aid the Commission in so.3 Ucense required.

substantial action that would adverseIy making a comparative evaluation as a m Comnmnicades.

ah 6e en&nmut of a she M basis for antving at a reasoned decision m Interpatadas.-

does not include changes desirable for under NEpA.

eo.e Exemptions, the temporary use of the land for public 22.10 CFR 51.411s revised to read as subpert 5-Ucenses te eah m. & datadMa g H ws:

activities, other preconstruction PreappHcation Review monitoring and investigation necessary I 51.41 Administrative procedures.

e0.21 Content of application.

to establish background information 60.22 Filing and distnbution of application.

related to the suitability of a site or to Except as the context may otherwise so.23 riimination of repetition.

the protectioer of environmental values, require, procedures and measures 60.24 Updating of application and similar to those described in iI 51.22-

~ environmental report.

or prc;uremtat or manufacture of 51.28 will be followed in proceedings for caponents of the geologic repository the issuance of materials licenses and Castmcdon Authodzada operations area, other actions covered by I 51.5(a) but mi Constmeda authorizade.

(c)"Demminio@g"Ineans final not covered b I 51.20 or 51.21.The 60.32 Cedities of construction backfilling of subsurface facilities,

' fob d with "'#

aut dzad e-d sealing of shafts, and decontamination In's e*ria51icense5*willrefl ct tNfact au$",'"aYo'n". ' d *""*""

and dismantlement of surface facilities.

that, un!Ike the licensing of production (d) Department"means the and utilization facilities, the licensing of Ucense tssuance ud. Amendment Department of EnerFy orits c*uly

materials does not regtdre separate 60.41 Standards for issuance of a license.

authorized representatives.

authorizations for construction and m2 Condiums d Ucenu.

(e)" Disposal"Ineans permanent m3 Ucuse specincadons.

emplacement within a storage space operation. In the case of an application for a license to receive and possess M

E,*3,,

$Periments, with no intent to retrieve for resource high-level radioactive waste at a geologic repository operations area oo.4e Particular activities requiringlicense amendment.

(f)" Director means the Director of pursuant 'o Part 80 of this chapter, the Office of Nuclear Material Safety D

..r oning and Safeguards.

t owever, the environmentalimpact statement required by I 51.5(a) shall be so.51 Ucenu amendment to deca==6faa (g)" Geologic repository"means a.

prepared and circulated prior to the m2 Terminaum ducenu.

system which is intended to be used for, issuance of a construction authorization: Subpart C-Participation by State or may be used for, the dispcsal of the environmentalimpact statement Governments radioactive wastes in excavated shall be supplemented prior to issuance so.01 Site review.

geologic formations. A geologic of a license ot tals account of any so.e2 Filing of proposals for State respository includes (1) the geologic substantial changes in the activities participation, repository operations area and (2[all '

proposed to be carried out or significant eo.e3 Approvalof ;

4-i surface and subsurface areas where

.a new information regarding the Subpart D-. Records, Reports, Tests, and natural events or activities of man may environmentalimpacts of the proposed

,4 S z change the extent to wldsh wastes are activities.

8031 Records and reporte.

effectively isolated from the biosphere..

00J2 Tests.

(b) " Geologic repository operations PART 70-DOMESTIC LICENSING OF eo.73 Inspections.

area" means an HLW facility that is part SPECtAL NUCLEAR MATERIAL f, I., c. p 182. te3. Pub. I. e3-703, as '

of a geologic repository, including both Autbodty: Secs. 51. 53, 82, es, es, et,181b, 23

~

' a par.10 CFR 70.14 is amended by adding amended, se Stat. 929,930,932,933,935,94e.

waste handling activities are conducted. -

surface and subsurface as 2as, where agreph (c).

953,954. as amended H2 U.S.C 2071. 2073, m

• Hi@d MMne w e entict tion et a fu 1.

qui m the

• --- of three ates representins a minimum at US 2,

(

U.S C 202g operation of the first cycle solvent

[enin"ce of the '

eYit For the purposes of Sec. 223,'ee Stat. see, es extraction systs, or equivalent, and the for e repos!:ory, therw--ha seuy apacte the amended, 42 USC 2273. Il enti to cosa are concentreted wsetes from subsequent Deparament to subedt a ww.r rense of alternatine issued under Sec.1sto, es Stat. 950, as

. extraction cycles, or equivalent, in a

.~

y.

then the mimJaum sussested here.

amended (42 UAC.2201(o)k.,. _._..

facility for reprocessing irradiated

\\'

y.

,f

1 70416 Fed;ral Register / Vcl. 44. Na 236 / Thursd:y. December 6,1979 / Pr'" pose'd Rul5s o

4 l

reictor fuel, and (3) solids into which authorized by a license issued by the including appropriate quality assuranc'e such liquid wastes have been converted. Commission pursuant to this prt.

programs: (3) the criteria used to arrive i

i (j) "Hl.W facility" means a facility -

(b) The Department shall not at candidate areas:(4) the method by subj1ct to the licensing and related commence construction of a Feologic which the site (s) was selected for site t

regulatory authority of the Commission repository operations area unless it has. characterization: (5) identification and pursuant to Section 202(3) and 202(4) of filed an application with the location of alternative media and sites the Energy Reorganization Act of1974 Commission and has obtained on which DOEintends to conduct site (88 Stat.1244).*

constmetion authorization as provided characterization for which DOE l

(k) "Important to safety" with in this part. Failure to comply with this r 'icipates submitting subsequent site C

reference to structures, systems, and requirement shall be grounds for denial characterization reports:(6) a components, means those structures.

of alicense.

description of the decision process by systems, and components that provide which the site (s) was selected for retsonable assurance that radioactive i sa4. communicanons..

characterization, including the means waste can be received, handled, and Except where otherwise specified, all used to obtain pCic and State views stored without undue risk to the health communications and reports concerning during selection: and (7) any issues and safety of the public.

the regulations in this part and related to the site selection, alternative (1)"Public Document Room" means applications filed under them should be candidate areas or sites, or design of the the place at 1717 H Street NW.,

addressed to the Director of Nuclear geologic repository operations area Washington, D.C., at which the records Safety and Safeguards, U.S. Nuclear which the Department wishes the NRC.

of the Commission will ordinarily be Regulatory Commission. Washington, staff to review.The Department may made available for public inspection D.C. 20555. Communications. reports.

Include multiple sites in a single site-i and any other place, the location of and applications may be delive ed in e.haracterization report. Also included which has been published in the Federal person at the Commission's offices at shall be a description of the research RIgister, at which public records of the 1717 H Street NW., Washington. D.C and development at.tivities being Commission pertaining to a particular or 7915 Eastern Avenue Silver Spring.

conducted by the Department which geologic repository are made available Maryland.

deal with the waste forms which may be for public inspection.

considered appropri. ate for the sites to (m) " Radioactive waste" means Hl.W g s a5 Interp m tauons.

be characterized, including research and any other radioactive materials Except as specifically authorized by planned or underway to evaluate the other than HLW that are received for the Commission, in writing, no performance of such waste forms.

emplzcement in a g'eologic repository.

Interpretation of the meaning of the (b) The Director shall cause to be (n) " Site characterization" means the regulations in this part by any officer or published in the Federal Register a progrun of exploration and research, employee of the Commission other than notice that the information submitted both in the laboratory and in the field, a written interpretation by the General under paragraph (a) of this section has undertaken to establish the geologic Counsel will be considered binding upon been received and that a staff review of d

dh

, con itions an t e ranges of those the Commission.

that information has begun. The notice parameters of a particular site relevant shallidentify the site (s) selected for site to the procedures under this part. Site l 60.6 Exemptions.

characterization and alternate areas char:cterization includes bonngs.

The Commission may, upon surface excavations. excavation of application by the Department, any considered by the Department and shall exploratory shafts, limited subsurface interested person, or upon its own advise that consultation may be latzral excavations and borings, and in initiative, grant such exemptions from requested by State and local situ testing needed to determine the the requirements of the regulations in governments in accordance with 6 60.61.

suitability of the site for a geologic this part as it determines are authorized (c) The Director shall make available repository, but does not include by law, will not endangerlife or a copy of the above information at the Public Document Room.The Director preliminary borings and geophysical property or the common defense and also shall transmit copies and the testing needed to decide whether site security. and are otherwise in the public published notice of receipt thereof to the characterization should be undertaken.

interest.

Governor and legislature of the State (o) " Traceability" means the ability.

through the use of container Subpart B-Licenses and to the chief executive of the municipality in which a site to be identification and preparation and

' Preapplication Review characterized is located (or ifit is not maintenance of appropriate records, to -

delineate a step-by-step history of any

. I 60.11 site charactention mport.

]ocated within a municipality, then to the chief executive of the county) and to radioactive waste.

(a) As early as possible after the Governors of any contiguous States.

commencement of planning for a (d) The Director shall prepare a draft

! 60.3 Ucense required.

particular geologic repository operations, site characterization analysis which (a) The Department shall not receive area, and prior to site characterization.

shall discuss the items cited in or possess source. special nuclear, or the Department shall submit to the paragraph (a) of this section.The byproduct matenal at a geologic Director a site characterization report.

Director shallpublish a notice of repository operations area exept as The report shallinclude (1) A availability of the draft site description of the. site (s) to be characterization analysis and request

%u ce Department of Energy "facilitiu und characterized;(2) a description of the comment in the Federal Register. Copies nToNveNs' ten!thm"$'enNIIc"nbed site characterization program including shall be made available at the Public under such act ithe Atomic Energy Act]" and extent of planned excavations, plans for Document Room.

" Retrievable Surface Storage Facihties and other in situ testing, investigation activities (e) A reasonable period. not less than Ecants authorind for the expm. purpon of which may affect the ability of the site 60 days, shall be allowed for comment jll,"l"S$'"",'J,',*8'jyM"dich a to isolate wastes, and provisions to on the draft site characterization roi und for, or are part er. re.earch and control any adverse, safety-related analysis. The Director shall then prepare development acavities" impacts from site characterization a final site characterization analysis I

0

/

I e

Federal Register /. Vel. 44. No. 238 / Thursd.y. Dec:mber 6.1979. / Proposed Rules 70417 which shall take into account comments constitute informal conference between (Including geologic media, general received and any additionalinformation a prospective applicant and the staff, as arrangement, and approximate acquired during the comment period.

described in i 2.101(a)(1) of this chapter, dimensions), and (iv) codes and Included in the final site and are not part of a proceeding under standards that the Department proposes characterization analysis shall be either the Atomic Energy Act of1954, as to apply to the design. and cons'ruction an opinion by the Director that he has '

amended.

no objection to the Department's site of the geologic repository operations area.

characterization prog am,if such an Ucen88 APpucabs (3) A description and analysis of the opinion is appropriate,or specific

$ 60.21 Content of appacetion.

design and performance requirements objections of the Director to the i

Department's proceeding with (a) An application shall consist of f r structures, systems, and components charactetization of the named site (s). In generalinformation and a safety of 6e ge I gIC repository wMeh are al tal important to safety.ne analysis and

+

addition, the Director may make specific reccmmendations to the Department on r port 11be p p rdance

' evaluation shall consider (i) the margins the matters pertinent to this section.

with Part 51 of this chapter and shall of safety under normal conditions and (f) Neitherissuance of a final site accompany 6e ap$ cation. Any under conditions that may result from characterization analysis nor the Resete@ata daunal Secudty anticipated operational occurrences, opinion of no objcction by the Director In ma n da seParateh including those of natural origin: (II) the shall constitute a commitment to issue unclassifiedinf rmation.

adequacy of structures, systems, and any authorization or license or in any (b) The generalinformation shall components provided for the prevention way affect the authority of the include:

of accidents and mitigation of the Commisison. the Atomic Safety and (1) A general descriptica of the consequences of accidents, including

}

1.icensing Appeal Board. Atomic Safety proposed geologic repository identifying those caused by natural phenomena:

and 1.fcensing Boards, other presiding the proposed site of the geologic and (iii) the effectiveness of engineered officers, or the Director. in any repository operations area, the general and na tural barriers, including barriers proceedmg underSubpart G of Part 2 of character of the proposed activitses, and that may not be themselves a part of the

'l this chapter. If the Department prepares the basis for the exerciss oflicensing geologic repository operations area.

an environmentalimpact statement with authority by the Commissim against the release of radioactive respect to site characterization activities (2) Proposed scim des for material to the erMronment.

proposed for a particular site, it should construction. rece.+t of waste, and (4) A description of the quality consider NRC's site characterization emplacement of wastes at the proposed assurance program to be applied to the analyses before pt.olishing its final geologic repository operations area.

design, fabrication. Inspection.

environmental impact statement with D) A cerdScanon that the Department construction, testing, and operation of respect to site characterization activities will provide at the geologic repository the structures, systems, and components i

proposed for that particular site.

operations area such safeguards as it of the geologic repository operations (g) During site characterization. the requires at comparable surface facilities area important to safety.

Department should inform the Director (of the Department) to promote the (5) A description of tne kind, amount.

and specifications of the radioactive by semunnual report of the progress of common defense and security, the site characterization and waste form (c) The safety analysts report shall material proposed to be received and t

research and deveL:pment including include:

possessed at the geologic repository operations area.

schedules as appropriate. During this.

D) A description and analysis of the.

(6) An identification and justiScatica time. NRC staff should be permitte'd to site at which the proposed geologic for the selection of those variables.

visit the site (s) and observe excavations. repository operations area is to be borings, an lin situ tests as they are located with appropriate attention to conditions, or otheritems which are done. Inasmuch as these site those features that might affect facility determined to be probable subjects of i

characterization activities could have design. ne assessment shall contain an license specifications. Special attention adverse impact upon site safety, failure analysis of the geology, hydrology, shall be given to those items that may i

by the Department to involve the geochemistry. and meteorology of the significantly influence the final design.

-(7) A description of the program for Commission in the mannndescribed site and the majordesign structures.

control and monitoring of radioactive here and to accommodate the systems, and components, both surface effluents and occupational radiation recommendations of the Director could and subsurface, that bear significantly exposures to maintain such effluents

- result in denial of the subsequent license on the suitability of the geologic and exposures in accordance with the application.

repository for disposal of radioactive requirements of Part 20 of this chapter.

(h) The Director may respond from waste. It will be assumed that (8) A description of the controls that time to time in writing to the operations at the geologic repository the applicant will apply to restrict Department, expressing his current operations area will be carried out at access and to regulate land use at the views on questions raised in the the maximum capacity and rate of geologic repository operations area and semiannual reports referred to above.

receipt of radioactive, waste stated in '

adjacent areas.

Comments received fromStates in the application.

(9) Plans for coping with radiological accordance with I 60.81 shall be (2) A description and discussion of the emergencies at any time pr!ct to considered by the Director in design, both surface and subsurface. 6f completion of decommissioning the i

formulating his views. All the geologic repository operations area geologic repository operations area.

correspondence between the

. Including- (i) the principal design criteria (10) A descriptfos of the nuclear Department and the NRCincluding the and theirrelationship to any general material control and accounting reports cited in paragraph (g) of this design critaria promulgategl by the program.

section shall be placed in the Pub!Ic Document Room.

7-Commission. (ii) the design bases and '

(11) A description of design '

the relation of the design bases to the -

considerations that are intended to (i) The activities described in.

principal design criteria. [Ill) information facilitate decommissioning of the

. paragraphs (a) through (h) of this section_ relative to materials of construction facility.

l L.

Fed:rd Registir / Vcl. 44, No. 238 / Thursdry, D;c:mber 6,1979 / Proposid Ruhs 70418 (12) A description of plans for instructions from the Director or his (4) Other information bearing on the retrieval and alternate storage of the designu.

Commission's issuance of a license that rr,dioactive wastes should the geologic (c) The Department shall, upon was not available at the time a repository prove to be unsuitable for notification of the appointment of an construction authorization was issued.

disposal of radioactive wastes.

Atomic Safety and I.icensing Board.

(c) The Department shall update its (13) An identification of those update the application and '

environmental report in a timely manner structures, systems, and components of environmentcl report, eliminating all so as to permit the Commission to the geologic repository, both surface and superseded information and serve them review, prior to issuance of a license, subsurface, which require research and as directed by the board.In addition at the emtonmentalimpacts of any

(

development to confirm the adequacy of - that time the Department shall serve one substantial changes in the activities design. For systems, structures, and such copy on the Atomic Safety and proposed to be carried out or any components important to safety, the Licensing Appeal Panel. Any subsequent significant new information regarding Department shall provide a detailed amendments to the application or the environmentalimpacts of activities description of the programs designed to environmental nport shall be served in previously proposed.

resolve safety questions, including a the same manner.

schedule indicating when these (d) At the time of filing of an Construction Authorization questions will be resolved.

application and environmental report, f 4.31 Construction authodzation.

(14) The following information and any amendments thereto, one copy (Jpon review and consideration of an conceming activities at the geologic shall be made available in an,

application and envirocraental report repository operations area:

appropriate location near the site of the (i) The organizational structure of the proposed geologic repository (which submitted under this part, the Department, offsite and onsite, mcluding shall be a public document room,if one Commission may authorize construction ifit determines:

a description of any delegations of has been established) for inspection by authority and assignments of the pubbe and updated as amendments (a) Safety:That there is reasonable responsibilities, whether in the form of to the application or emtonmental assurance that the types and amounts of regulat ons, administrative directives, report are made.This updated copy wastes described in the application can contract provisions, or otherwise.

shall be produced at any public hearing be received, possessed, and disposed of (ii) hianagenal and administrative on the application for use by any parties in a repository of the design proposed controls to be used to ensure safety.

to the proceeding.

w thout unreasonable risk to the health (iii) Identification of key positions (e) The Department shall certify that and safety of the public.In arriving at which are assigned responsibility for the updated copies of the application this determination, the Commission safety at and operation of the geologic and emtonmental report, as referred to shall consider whether:

repository operations area.

in paragraphs (c) and (d) of this section, (1) The Department has described the (iv) Personnel qualifications and contain the current contents of such proposed geologic repository including documents submitted in accordance but not limited to (i) the geologic, tram, ing requirements.

(v) Plans for startup activities and with the requirements of this part.

geochemical and hydrologic stirtup testing.

characteristics of the site: (ii) the kinds (vi) Plans for conduct of norma]

l 60.23 EHmination of repetition.

and quantities of radioactive waste to activities. including maintenance, In its application, emtonmental be received, possessed, stored, and surveillance, and periodic testing of report, or site characterization report, disposed ofin the geologic repository; structures, systems, and components of the Department may incorporate by-(iii) th.e principal architectural and the. geologic repository operations area.

reference information contained in engineering criteria for the design of the (vii) Plans for decommissioning.

previous applications statements, or geologic repository operations area:(iv)

(viii) Plans for any uses of the geologic reports filed with the Commission:

constniction procedures which may repository operations area for purposes Provided, That such references are clear affect the capability of the geologic other than disposal of radioactive and specific and that copies of the repository to serve its intended function; wastes, with an analysis of the effects,if information so incorporated are and (v) features or components any, that such uses may have upon the available in each public document room. incorporated in the design for the operation of the structures, systems, and protection of the health and safety of the components important to safety.

I 60.24 Updating of appucadon and public.

environmental report.

(2) The site and design comply with I 60.22 Filing and distribution of (a) The application and entonmental the criteria contained in Subparts E and -

appucation.

report shall be as complete as possible Fof this part.

l (s) An application for a license to in the light ofinformation that is (3) The Department's q'uality l

receive and possess source, special reasonably available at the time of assurance program complies with the nuclear, or byproduct materialin a submission, requirements of Subpart G of this part.

geologic repository at a site which has (b) The Department shall update its (4) The Department's personnel been characterized, and an application in a timely manner so as to training program complies with the secompanying environmental report, permit the Commission to review, prior criteria contained in Subpart H of this and any amendments thereto, shall be to issuance of a license:

part.

filed in triplicate with the Director and (1) Additional geologic, hydrologic.

(5) The Department's emergency plan shall be signed by the Secretary of meteorologic and other data obtained complies with the criteria contained in Entrgy or his authorized representative, during construction.

SubpartIof this part.

(b) Each portion of such application (2) Conformance of construction of (6) The Department's proposed e.nd cmtonmental report and any stnictures, systems, and components operating procedures to protect health amendments shall be accompanied by with the design.

and to minimize danger to life or 30 cdditional copies. Another 120 copies (3) Results of research programs property are adequate.

shtll be retained by the Department for carried out to confirm the adequacy of (b) Common defense andsecurity distribution in accordance with written designs.

That there is reasonable assurance that '

W O

l l

Federal Regist:r / Vol. 44. No. 236 / Thursdry, DecImb:r 6.1979 / Pr:p s:d Rules 70419 the activities proposed in the application (a) Construction of the geologic I 80.43 Ucense specifications.

will not be inimical to the common repository operations area has been (a) A license issued under this part defense and security, substantially completed in conformity shall include license conditions derived

(:) Environmental:That, after with the application as amended, the from the analyses and evaluations weighing the environmental, economic.

Provisions of the Atomic Energy Act, included in the application, including technical aisd other benefits and and the rules and regulations of the amendments made before a license is i

considering reasonable alternatives, the Commission. Construction may be issued together with such additional.

j action called foris issuance of the deemed to be substantially complete for conditions as the Commission finds t

construction authorization.

the purposes of this paragraph if the appropriate.

L construction of(1) surface and (b) License conditions shallinclude g 60.32 Conditions of construction interconnecting structures, systems, and items in the following categories:

l i

• "**'88888"-

components, and (2) any underground (1) Restrictions as to the physical and (a) A construction authorization shall storage space required forinitial chemical form and radioisotopic content include such conditions as the operation ard substantially complete.

of radioactive waste.

Ccmmission finds to be necessary to (b) The activities to be conducted at (2) Restrictions as to size, shape, and protect the health and safety of the the geologic repository operations area materials and methods of construction public, the common defense and will be in conformity with the of radioactive waste packaging.

l security, or environmental values.

application as amended, the provisions (3) Restrictions as to the location, size.

(b) The Commission may, at its of the Atomic Energy Act and the configuration, construction and physical 6

- discretion, incorporate orovisions Energy Reorganization Act, and the characteristics (e.g., physical. chemical requiring the Department to furnish rules and regulations of the Commission. and thermal properties) of the storage periodic or special reports regarding: (1)

(cme issuance of the Heense wiH not meeum.

i progress of construction. (2) any site be inimical to the common defense and (4) Restrictions as to the amount of data obtained during construction which security and will not constitute an waste pern11tted per unit volume of are not within the predicted limits upon unreasonable risk to the health and storage space considering the physical which the facility design was based. (3) safety of the public.

characteristics of both the waste and the any deficiencies in design and (d) All applicable requirements of Part storage medium.

construction which. if uncorrected, could 51 have been satisfied.

(5) Requirements relating to test.

adversely affect safety at any future calibration, or inspection to assure that g 60.42 conditions of license-time, and (4) results of research and the foregoing restrictions are observed.

development programs being conducted (a) A h.eense issued pursuant to this (6) Controls to be applied to restrict to resolve safety questions.

Part shallinclude such conditions, access and to avoid disturbance to the (c) A construction authorization shall in I dinglicense specifications, as the geologic repository operations area and be subject to the limitation that a license Commission finds to be necessary to adjacent areas to receive and possess source, special protect the health and safety of the (7) Administrative controls, which are i

nuclear, or byproduct material at the public, the common defense and '

the provisions relating to organization geologic reposito y operations area shall security, and environmental values.

and management, procedures, not be issued by the Commission until (b) Whether stated therein or not, the recordkeeping, review and audit. and t

following shall be deemed conditions in - reporting necessary to assure that pp fon sp ed in i 60.24. and (1

e [ce se sh 11 be subject to a

a e and onfo th l

(2) the Commission has made the findings stated in i 60.41.

revocation, suspension modification, or the other license specifications.

amendment for cause as provided by the j 60.33 Amendment of construction Atomic Energy Act and the 3 60.44 changes, tests, and experiments.

authortzstion.

Commission's regulations.

(a)(1) Following authorization to (a) An application for amendment of a.

(2) The Department shall at any time receive and possess source, special construction authorization shall be filed while the hcense is in effect.upon nuclear or byproduct material at a i

with the Commission fully describing written request of the Commission, geologic repository operations area, the submit written statements to enable the Department may (1) make changes in the any changes desired and followin8. bed Commission to determine whether or geologic repository operations area as as f

ormat presen g[* 8p licable th

,udona not the license should be modified, described in the application. (ii) make aPpBeations.

8u8 pended or revoked.

changes in the procedures as described (b)In determining whether an (3) The license shall be subject to the in the application, and (iii) conduct tests 4

. amendment of a construction provisions of the AtomicEnergy Act or experiments not described in the authorization will be approved, the now or hereafter in effect and to all application, without prior Commission rules, regulations, and orders of the approval, provided the change, test or Conmissio,n will be guided by the Commission.The terms and conditions experiment involves neither a change in e cem a s ec to the Heense conetions incorporated in ce of the a cen truc ion authorization, to the extent applicable.

amendment, revision, or modification, the hcense nor an unreviewed safety by reason of amendments to or by question.

License Issuance and Amendment reason of rules, regulations, and orders (2) A proposed change, test, or issued in accordance with the terms of experiment shall be deemed to involve f 60.41 Standards forissuance of a the Atomic Energy Act.

an unreviewed safety question if (1) the (c) Each license shall be deemed to likelihood of occurrence or the

- A license to receive and possess contain the provisions set forth in

. consequences of an accident or source, special nuclear, or byproduct section 183 b-d. Inclusive, of the Atomic malfunction of equipment important to material at a geologic repository Energy Act,whether or not these safety previously evaluated in the i

operations area may be issued by the.

provisions are expressly set forth in the - application is increased. (ii) the Commission upon finding that:

. - _ license.

- possibility of an accident or malfunction

~

~

~

Federal Register / Vd. 44. No. 236 / Thursd:y December 6,1979 / Proposed R'ades O

(b) Such application shall ha filed, and cf a different type than any previously disturbance of 6e seologic repository will be reviewed,in accordance with the '

, cyclutted in the application is created, operations ares or adjacent areas.

(4) Destruction or diposal of records provisions of I 60.45 and thle section.

cr (fill the margin of safety as defined in required to be maintained under the (c) A license shall be terminated only -

the basis for any license condition is when the Commission finds with respect

~

provisions of this part.

reducid.

(5) Any substantial change to the to the geologic repository:

(b)The Department shall maintain design or operating procedures from that (1)That the final disposition of records of changes in the geologic specified in thelicense.

radioactive wastes has been made in rrpository operations area and of (6) Decommissioning.

conformance with the Department's chinges in procedures made pursuant to (b) An application for such an plan, as amended and approved as part this section, to the extent that such amendment shall be filed, and shall be of thelicense.'

chtnges constitute changes in the reviewed,in accordance with the (2) That the final state of the geologic repository operations area. site conforms geologic repository operations area or provisions of i 60.45.

to the Department's decommissioning q

procedures as described in the cpplication. Records of tests and Decommissioning plans, as amended and approved as part axperiments carried out pursuant to I so.51 Uoenee amendment to of thelicense.

pirsgraph (a) of this section shall also decommieelon. -

(3) That the termination of the license be mtintained.These records shall (a)The Department shall sumbit an is authorized by law, including sections includa a written safety evaluation application to amend the license prior to 57,62, and 81 of the Atomic Energy Act, which provides the basis for the decommissioning.De application shall as amended.

det:rmination that the change, test, or consist of an update of the license Subpart C-Participation by State experiment does not involve an application and environmental report untsviewed safety question.The submitted under ii 60.21 and 60.22 Governmenta Deptrtment shall prepare annually or at including:

I,,,,,

3,,*,,v,,,-

such shorter intervals as may be J1) A description of the program for (s) Upon publicationin the Federal specified in the license, a report post-decommissioning monitoring of the Register of a notice that the Department contzining a brief description of such geologic repository.

has selected a site for site chang-s, tests, and experiments, (2) A detailed description of the characterization In accordance with inch. ing a summary of the safety measures to be employed-such as land i 60.11(b) and upon the request of a aaluation of each.The Department use cetrols, constmetion of State, the Director shall make avallable shall fumish the report to the m numents, and preservation of NRC staff to consult with appropriate NRC Regional Office shown records-to regulate or prevent representatives of State and local in Appendix D of Part 20 of this chapter activities that could impair the long-term with a copy to the Director of Inspection isolation of ernplaced waste within the governments to keep them informed of the Director's view on the progress of and Enforcement, U.S. Nuclear

~ ge I gic repository and to assure that Regulatory Commission. Washington.

relevant information will be preserved site characterization and to notify them of any subsequent meetings or further D.C.20555. Any report submitted for the use of futum generations.

pursuant to this paragraph shall be (3) Geologic, hydrologic, and other site consultations with the Department.

made a part of the public record of the data that are obtained during the (b) Requests for consultation shal; be licensing proceedings.

operational period pertment to the long.

made in writing to the Director.

(c)De Director also shall respond to term isolation of emplaced radioactive written questions or comments from the f 60.45 Amendment of license.

wastes.

(a) An application for amendment of a (4)The results of test, experiments.

States, as appropriate, on the information submitted by the license may be filed with the and any other analyses relating to Department in accordance with i 60.11 Commission fully describing the changes backfill of excavated areas, shaft sealing. waste interaction with of this part. Copies of such questions or desired and following as far as-cpplicable the format prescribed for emplacement media and any other comments and their responses shall be made available in the Public Document j

license applications.

tests, experiments, or analysis pertinent (b)In determining whether an to the long4enn isolabon of emplaced Room and shall be transmitted to the cmendment of a license will be wastes within the geologic repository.

Department.

approved, the Commission will be 58 re n f plam 5 60.62 Filing of proposals for state i

guided by the considerations that govem go,

g,ig pamcipauon.

the issuance of the initial license, to the (6) O*her information bearing upon (a) Consultation under i 80.61 may extent applicable.

- decommissioning that was not available include, among other things, a review of l

+

at the time a license was issued.

applicable NRC regulations. licensing 9 60.46 Particular activmes requiring (b) The Department shall update its procedures, potential schedules, and the liceme amendment.

envir nmental report in a Umely manner type and scope of State activities in the (c) Unless expressly authorized in the so as to permit the Commission to license review permitted by law.In j

license, an amendment of the license review, prior to issuance of an addition, staff shall be made available shall be required with respect to any of amendment. substantial changes in the to cooperate with the State in the following activities,~

decommissioning activities proposed to developing proposals for participation

,[phQ$,

]aste be carried out or significant new I

Ch

,d a ini nnadon regarding the erwironmental by the State.

(b) States potentially affected by l

irretrievable or which wou!d impacts of such decommissioning.

siting of a geologic repository operations i

substantially increase the difficulty of area at a site that has been selected for retneving such emplaced waste.

I60.52 Terminationoflicense.

(a) Following decommissioning, the characterization may submit to the (2) Dismantling of structures.

Department may apply for an Director a proposal for State (3) Removal or reduct'on of controls applied to restrict access to or to avoid amendment to terminate the license.

participation in the review of the site i

e

~

I

' Federal Register / Vol. 44. No. 236 / Thursday. December 6.1979 / Proposed Rules 70421 l l

characterization report and/orlicense If all or any part of a proposalis and adjacent areas to which the application. A Stata's proposal to rejected, the decision shall state the Department has rights of access.

participate may be submitted at any reason for the rejection.

(b) The Department shall make time prior to docketing of an application (d) A copy of s*Jroposals received available to the Commission for or up to 120 days thereafter.

shall1 e made available at the Public inspection, upor. reasonable notice.

(c) Proposals for participation in the Document Room.

records kept by the Department review shall be signed by the Governor pertaining to activities under this part.

of the State submitting the proposal and Subpart D--Records, Reports, Tests, a>

- shall at a minimum contain the

.and inspectiona (Amendmeats to all parts issued pursuant to following information:

citations of authority presently codified or.in (1) A general description of how the I # 71

• • • 'ds and reports.

the case of to CFR Part 60, as proposed to be codified.)

State wishes to participate in the (a)The Department shall maintain i

Dated a t Washington. D.C. this 3rd day of review, specifically identifying those

. such records and make such reports in December.1979.

a Issues which it wishes to review.

(2) A description of material and connection with the licensed activity as For the U.S. Nuclear Regulatory may be required by the conditions of the commisalon.

information which the State plans to license or by rules, regulations, and John C. Hoyle, submit to the NRC staff for orders of the Commission as authorized consideration in the review. A tentative by the Atomic Energy Act and the Assistant Secretary ofthe Commission.

schedule referencing steps in the review EnergyReorganization Act.

p.m g,g and calendar dates for planned snuseo coos vs o.m submittals should be included.

(b) Records of the receipt, handling, (3) A description including funding and disposition of radioactive wast,: at estimates of any work that the State a geologic repository operations area proposes to perform for the Commission, shall contain sufficient information to under contract,in support of the review.

assure traceability from the shipper (4) A description of State plans to through allphases of storage and fa ocal government and citizen disposal.

I (c)The Department shall promptly

~

(5) A preliminary estimate of the types noufy the Commispon of each and extent ofimpacts which the State enc ound n e te expects should a geologic repo-itory be

, En and located at the site in question.

constmcuan of the geologic repository (d) If the State desires educational or which, wm it to resin unemected.

7 information services (seminars public could (1) be a substantial safety hazard, meetings) or other actiors on the part of (2) represent a significant deviation from NRC such as establishing additional the design criteria and design bases public document rooms or employment stated in the application, or (3) represent or exchange of State personnel under a significant deviation from the theIntergovernmentalPersonnel Act, cedidons stated in the terms of a these shall be included with the constmetica authorizatie or the proposal.

license, including license specifications.

i

'Ilie notification shall be in the form of a f MS3 Aoprovalof proposals.

written report, copies of which shall be (a) The Director shall arrange for a sent to the Director and to the

~

meeting between the representatives of appropriate Nuclear Regulatory the State and the NRC staff to discuss Commission Inspection and s.

any proposal submitted under i 60.62(b). Enforcement Regional Office listed in with a view to identifying any Appendix A to Part 73 of this chapter.

modiScations that may contribute to the effective participation by the State.

i E 72 T ats.

<=

(b) Subject to the availability of funds.

The Department shall perform. or the Director shall approve all or any permit the Commission to perform, such part of a proposal, as it may be modified ' tests as the Commission deems p

through the meeting described above,if appropriate or are necessary for the he determines that:

administration of the regulations in this (1) The proposed activities are part.These may include tests of(a) suitable in li ht of the type and radioactive waste. (b) the geologic 6

magnitude ofimpacts which the State repository including its structures, may bear, and -

systems, and components. (c) radiation (2) The proposed activities (1) will detection and monitoring instruments, enhance comrnunications between NRC and (d) other equipment and devices' and the State. (ii) will contribute used in connection with'the receipt.

productively to the license review, and handling, or storage of radioactive (iii) are authcrized bylaw.

waste.

(c) The decision of the Director shall be transmitted In writing to the I "I3 Covernor of the originating State. A

-(a)The Department shall allow the copy of the decision shall be made Commission to inspect ths premises of available at the Public Document Room.

the geologic repository operations area O

e d

=

9

j 1

r i

t j.

t l

4 4

i t

l i

l l

APPENDIX B i

- f 6

i i

FY 1981 BUDGET FOR THE HIGH-LEVEL WASTE MANAGEMEtT PROGRAM ELEMENT

-)

0F THE i

DIVISION OF WASTE MANAGEMENT t

1 i

U.S. NUCLEAR REGULATORY COMMISSION l

. t i

[

January 28, 1980 t

I i

i i

b i

i I

[

t f

f I

i 4

T 1

L 1

i'>

(

o

~ ^ */

e b

Summag _of Waste Mananement Program lii gh-Le v e l Wa s te Manageme n t................................................

The goals are to provide assurance to the public that all Department of Energy (DOE) repositories accepting high-level waste material are prcperly designed, constructed, operated and terminated so as to have no adverse effect on health and safety and the environment. DOE has been given sole authority to dispose of high-level waste, consequently, NRC i

must develop s capability to independently assess DOE propnsals in all critical c eas. NRC must also provide gui6 nce and livection tn the DOE R&D Program.

Themajorobjectivesareto: 1) develop critical technical and. scientific information required for and publish generic regulations; 2) develop regu-latory gu' dance (technical directives, review plans, format and content guides) a minimum of two years before receiving a DOE license application;

3) develop a capability to perform reviews of DOE applications for the-construction and operation of high-level radioactive waste disposal fgcIl-ities; 4) conduct site characterization reviews and safety and environ-mental licensing reviews; and 5) evaluate the content and possible NRC use of results free DOE R&D efforts, provide guidance for DOE preappli-cation efforts, and evaluate overall DOE program content and progress.

Actual FY 1979 Estimate FY 1980 Estimate FY 1981 Dollars People Dollars People Dollars People

$ 6,636 27

$ 7,275 42

$10,640 50 The significant accomplishments for FY 1979 were: 1) issued for pubtle comment a proposed policy statement on the procedures for Ilcensing geologic high-level waste repositories, which has been developed into the procedural portion.of the high-level waste regulation; 2) develop'ed guidance on the format and content of reports submitted prior to site characterization, and as part of a Itcense application: 3) continued the develanm e t of modcIs for.*s: m ing radionuclide transport in bedded salt; 4) revlwed DOE site characterization programs, and schedules; directed tle NRC review of the DOF's draf t GEIS on the management of commercially generated hi h-level waste and on the draft El$ for WIPP; D

5) initiated an in-depth review of DnE's entire high-level waste manage-ment program.

The significant accomplishments planned for FY 1980 are to: 1) publish for public co ment the proposed procedural and technical portions of the high-level waste disposal regulation (10 CFR 60) with supporting EIS; 2) issue draf t guidance or, the format and content of site characterization, environ-men'tal, and safety aralysis reports, publish technical directives on site selection and characterization for bedded and domed salt; 3) complete development of models for assessing radionuclide transport in bedded salt;

4) develop plans for conducting site characterfration reviews, and construction authorization reviews; begin onsite review of DOE site char-acterization activities at bedded and domed. salt candidate sites; and 5) assess the extent to which DOE's itigh-level waste program is directed at developing the informatforbnecysary to comply with the proposed 10 CFR 60 and provide the results to t)0E; The significant accoeplishments planned for FY 1981 are to: 1) complete resolution of comments on the procedural portion of 10 CFR 60 and pubitsh as final; copplete resolution of' comments on the technical portion of ID CFR 60; 2) publish the forsat and content guides as final regulatory guides,publishtechnicaldirectivesonwasteformandrepositorydeshn for bedded and domed salt; 3) complete the development of models foi assessing radionuclide transport in domed salt and basalt; 4) expand review of DOE site charactertration activities to include the onsite l

review of candidate basalt and granite sites; and 5) continue the i

critical review and overall surveillance of DOE's high-level waste R&D program and continue to provide feedback to DOE.

I The increase in resources in FY 1981 is to continue development of regula-l tions and requietory guldance,for geologic disposal of high-level waste.

UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION In the Matter of

)

I STORAGE AND DISPOSAL OF

')

Parts 50, 51 NUCLEAR WASTE

)

(WasteConfidenceRulemaking) l t

LIST OF PARTICIPANTS l

l Marshall E. Miller, Esq.

David Santee Miller, Esq.

U. S. Nuclear Regulatory Commission 213 Mor an Street, N. W.

g Washington, D. C. 20555 Washington, D. C. 20001 Leo Slaggie, Esq.

Mr. Eugene N. Cramer Office of the General Counsel Neighbors for the Environment U. S. Nuclear Regulatory Commission 17146 Ridgepark Washington, D. C. 20555 Hacienda Heights, California 91745 Sheldon Trubatch, Esq.

Richard M. Sandvik, Esq.

Office of the General Counsel Department of Justice U. S. Nuclear Regulatory Comission 500 Pacific Building Washington, D. C. 20555 520 S. W. Yamhill Portland, Oregon 97204 Mr. James C. Malaro, Chief High Level Waste Licensing Management Karin P. Sheldon, Esq.

f Branch Sheldon, Harmon and Weiss Office of Nuclear Material Safety 1725 I Street, N. W.

and Safeguards Suite 506 U. S. Nuclear Regulatory Commission Washington, D. C. 20006 Washington, D. C. 20555 Mr. Marvin Lewis l

Ronald J. Wilson, Esq.

6504 Bradford Terrace 810 18th Street, N.W.

Philadelphia, Pennsylvania 19149 Washington, D. C. 20006 Dr. Judith Johnsrud Omer F. Brown, II, Esq.

433 Orlando Avenue U. S. Department of Energy State College, Pennsylvania 16801 Mail Stop 6-A-152 1000 Independence Avenue, S. W.

Lawrence K. Lau, Esq.

Washington, D. C. 20545 Deputy Attorney General State Capital Richard Fryling, Jr., Esq.

State of Hawaii Public Service Electric & Gas Company Honolulu, Hawaii 96813 80 Park Place Newark, New Jersey 07101 Ms. Priscil h C. Grew Department of :.)nservation 1416 Ninth Street Room 1320 Sacramento, California 95814

Page 2 PR-50, 51 Keith A. Onsdorff, Esq.

Ezra I. Bialik, Esq.

Assistant Deputy Public Advocate Environmental Protection Bureau Division of Public Interest Advocacy Two World Trade Center P. O. Box 141 New York, New York 10047 Trenton, New Jersey 08625 Mr. Michael H. Raudenbush Mrs. W. M. Schaefer T. S. M. Stoller Corporation 3741 Koehler Drive 191914th Street, Suite 500 Sheboygan, Wisconsin 53081 Boulder, Colorado 80302 Maurice Axelrad, Esq.

Dr. William A. Lochstet Lowenstein, Newman, Reis, Axelrad 119 E. Aaron Drive and Toll State College, Pennsylvania 16801 1025 Connecticut Avenu'e, N. W.

Washington, D. C.

20036 Richard P. Wilson, Esq.

Assistant Attorney General E. Dennis Muchnicki, Esq.

2600 Bull Street Assistant Attorney General Columbia, South Carolina 29201 Environmental Law Section 30 East Broad Street,17th Floor Elliott Andalman, Esq.

Columbus, Ohio 43215 Andalman, Adelman and Steiner 224 Second Avenue Jocelyn F. Olson, Esq.

Hattisburg, Mississippi 39401 Marlene E. Senechal, Esq.

(

Special Assistant Attorney General Mr. Carl Walske, President 1935 West County Road B2 Atomic Industrial Forum, Inc.

Roseville, Minnesota 55113 7101 Wisconsin Avenue Washington, D. C.

20014 E. Tuppe Kinder, Esq.

Assistant Attorney General Mr. Creg Darby Environmental Protection Division Hanford Conversion Project Office of Attorney General 1817 N.E.17th State House Annex Portland, Oregon 97212 Concord, New Hampshire 03301 Dr. Terry Lash Mr. A. S. West Natural Resources Defense Council Rohm and Haas Company 23 Kearny Street i

Independence Mall West San Francisco, California 94108 Philadelphia, Pennsylvania 19105 Carl Valore, Jr.

Mr. Raymond M. Momboisse Valore, McAllister, Aron and Pacific Legal Foundation Westennoreland 1990 M Street, N. W.

Mainland Professional Plaza Washington, D. C.

20036 535 Tilton Road Northfield, New Jersey 08225 Mr. James Richards Capital. Legal Foundation Richard W. Lowerre, Esq.

l 1101 17th Street, N. W.

Assistant Attorney General Washington, D. C.

20036 Environmental Protection Division P. O. Box 12548, Capitol Station Austin, Texas 78711

PR-50, 51 Page 3 James P. McGarnery, Jr., Esq.

LeBoeuf, Lamb, Leiby and MacRae 1333 New Hampshire Avenue, N. W.

Washington, D. C.

20036 Mr. David Berick Environmental Policy Institute Dr. Miro M. Todorovich 317 Pennsylvania Avenue, S.E.

Executive Secretary Washington, D. C.

20003 Scientists and Engineers for Secure i

Energy Christopher Ellison, Esq.

410 Riverside Drive California Energy Commission New York, New York 10025 1111 Howe Avenue Sacramento, California 95825 George Freeman, Jr., Esq.

Hunton and Williams Dr. Betram Wolfe P. O. Box 1535 Vice President and General Manager 707 Main Street General Electric Company Richmond, Virginia 23212 175 Curtner Avenue San Jose, California 95125 Michael J. Scibinico, II, Esq.

Department of Natural Resources Mr. Ken Kramer Tawes State Office Building Lone Star Chapter of the Annapolis, Maryland 21401 Sierra Club P. O. Box 1931 Richard M. Hluchan, Esq.

Austin, Texas 78767 36 West State Street Trenton, New Jersey 08625 Mr. Robert Halstead Department of Administration Harry Voigt, Esq.

State of Wisconsin LeBoeuf, Lamb, Leiby and MacRae 1 West Wilson Street 1333 New Hampshire Avenue, N. W.

Madison, Wisconsin 53702 Washington, D. C.

20036 R. Leonard Vance, Esq.

Ms. Lorna Salzman Anthony J. Gambardella Jr., Esq.

Friends of the Earth Assistant Attorneys General 72 Jane Street 715 Madison Building New York, New York 10014 109 Governor Street Richmond, Virginia 23219 June D. McArtor, Esq.

Deputy Attorney General Joseph Gallo, Esq.

Tatnall Building Isham, Lincoln and Beale P. 0.-Box 1401 105017th Street, N. W.

Dover, Delaware 19901 Washington, D. C.

20036 Herbert S. Sange., Jr., Esq.

Michael Miller, Esq.

Tennessee Valley Authority Peter Thornton, Esq.

Knoxville, Tennessee 37902 Isham, Lincoln and Beale One First National Plaza Mr. Bryan L. Baker Suite 4200 Mockingbird Alliance Chicago, Illinois 60603 900 Lovett Boulevard Houston, Texas 77006 l

r PR-50, 51 Page 4 Mr. William J. Cahill, Jr.

Mr. George DeBuchananne Consolidated Edison Company of New Chief Office of Radiohydrology York, Inc.

U. S. Department of Interior 4 Irving Place Geological Survey New York, New York 10003 Reston, Virginia 22092 Mr. Phillip Warburg State of Connecticut Mr. Ben C. Rusche, Executive Director 444 North Capitol Street South Carolina Energy Research Institute Suite 317 Suite 670 Washington, D.C.

20001 First National Bank Building Maine at Washington William Griffin, Esq.

Columbia, South Carolina 29201 y

State of Vermont Office of the Attorney General Honorable Charles S. Rogers 109 State Street Honorable Lee Ann Wilson-Zalko Montpelier, Vermont 05602 Assistant Attorneys General l

112 State Capitol 0Mahoma m y, E E 05 ni Depart t of Justice 114 East, State Capitol Honorable Robert M. Lindholm c

Madison, Wisconsin 53702 Assistant Attorney General i

erson my, Missour 65102 R. Leonard Vance, Esq.

Commonwealth of Virginia Honorable Richard Troy Office of the Attorney General Assistant Attorney General Supreme Court Building

(

1101 East Broad Street Department of Justice

~

234 Loyola Building, 79th Floor Richmond, Virginia 23219 New ' Orleans, Louisiana 70112 Mr. John O'Neill, II Honorable Susan N. Sekuler l

Route 2, Box 44 Honorable Dean Haasell l

Maple City, Michigan 49664 Assistant Attorneys General l

188 West Randolph Street Mr. Ashton J. O'Donnell Suite 2315 Bechtel National, Inc.

Chicago, Illinois 60601 P. O. Box 3965 San Francisco, California 94119 Honorable Francis S. Wright Assistant Attorney General Mr. Ralph Stein Environmental Protection Divison Office of Nuclear Waste Management One Ashburton Place,19th Floor Mail Stop B107 Boston, Massachusetts 02108 U. S. Department of Energy Washington, D. C.

20545 Atomic Safety and Licensing Appeal Board Panel Mr. M. A. Glora U. S. Nuclear Regulatory Commission Site Qualification and Licensing Washington, D.C.

20555 Department Office of Nuclear Waste Isolation Docketing and Service Section Department of Energy Office of the Secretary 505 King Avenue U. S. Nuclear Regulatory Commission Columbus, Ohio 43201 Washington, D.C.

20555 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.

20555

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PR-50, 51 (LIMITED PARTICIPANTS)

Thomas M. Lemberg, Esq.

Leva, Hawes, Symington, Martin and Oppenheimer 815 Connecticut Avenue, N. W.

Washington, D. C.

20008 Wayne McDanal, Esq.

Federal Energy Regulatory Commission North Building, Room 3408

^

l Washington, D. C.

20426 Mr. Ray K. Robinson Exxon Nuclear Company, Inc.

777106th Avenue, N. E.

Bellevue, Washington 98009 t

Mr. Orville Hill

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~2315 Camas Avenue i

Richland, Washington 99352 f

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