ML19345H103
| ML19345H103 | |
| Person / Time | |
|---|---|
| Issue date: | 12/17/1979 |
| From: | Rich Smith NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Gubler M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19345H095 | List: |
| References | |
| FOIA-81-105 NUDOCS 8104300496 | |
| Download: ML19345H103 (21) | |
Text
',wse UNITED STATES f,g NUCLEAR REGULATORY COMMISSION E
WASHINGTON, D. C. 20555
% o....
D N 17 1575
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Mr. M. Noman Gubler P. O. Box 128 La Verkin, titah 84745
Dear Mr. Gubler:
This~is in response to your request, received on November 26, 1979, for infomation on low-level waste disposal facility licensing.
Although ther.e are few specific regulations for licensing low-level disposal ~ sites, we have a major program undemay to develop comprehen-sive regulatory guidance.
Selection, characterization and evaluation of a proposed site is a complex process for applicants and the Nuclear Regulatory Commission (NRC).
The enclosed copy of the preliminary draft regulation,10 CFR Part 61, entitled " Disposal of Low-level Radioactive Waste' and Low-Activity Bulk Solid Waste", outlines current thinking on the licensing procedures, perfomance objectives and technical criteria for a disposal facility sited on land.
In the discussion which follows, we have tried to provide an overview of the process.. We urge you to plan to meet with us to discuss the process in more detail should you decide to pursue establishing a low-level waste facility.'
~
' The major steps involved in licensing a disposal facility are site selection, resolution of institutional issues and state participation, detailed site characterization, preparation of a comprehensive applica-tion, NRC review and preparation of an Environmental Impact Statement, and public hearings.
These major steps are discussed in the following paragraphs.
Site Selection.
The applicant for the license for the. disposal facility must develop.a detailed site sel.ection procedure and rationale.
A slate of candidate sites (3 to 5 alternatives) must be provided by the applicant.
The slate of candidate sites should be described in sufficient detail to allow NRC to detemine (1) whether one of the alternative sites is obviously superior to the proposed site, (2) whether it is reasonably. probable that a candidate site will meet site suitability requirements and (3) whether sufficient diversity exists in slate of candidate sites.
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H. Koman Gubler..
Resolution of Insitutional Issues and State Participation.
Prospec-tive applicar:; are encouraged to begin,to work with state and local officials, loch populece and NRC early in the site selection process.
This will alb for early it.ntification and resolution of any problems with the stW.
Subpart C of Enclosure 1 outlines participation by state go,cmaents.
Woe your letter I infer that you intend to establish the disposd site on private ~, owned land.
This would be contrary to the general disposal requi, 7er.t ir 10 W Pa.-t ?0.302 (b).
That requirement states that the land must be owne
, the federal or state guvernment.
Therefore, it would be necessarr for you to transfer the ownership of the land to the state or federal government and lease the land back from the government.
Detailed Site Characterization. The applicant must provide a detailed description of the site geology, hydrology, geochemistry, meteorology 1
and demography and the impact of these on the suitability of the proposed disposal facility.
Preparation of a Comprehensive Application.
The applicant must provide the following information for NRC review and approval as part of their application:
a). Financial infomation sufficient to demonstrate to the Commission that the applicant either possesses -
the necessary funds or has reasonable assurance of obtaining the necessary funds to cover the estimated construction, operation and closure costs of the facil ity'.
~
b.) Detailed safety and environmental infomation and analyses to support the licensing action.
This will require a major technical effort.
~
c)
Site operations manual which contains specific instruc-tions and procedures for. site personnel to safely carry out operations at the facility.
d)
Site, closure and decomissioning plan to prepare the facility for transfer to the site owner following the end of its operational life.
NRC Review 'and Environmental Imoact Statement. The NRC staff performs a detailed review of the application.
During this review they may require additional infomation from the applicant if.the application is incomplete.
Once the HRC staff has completed their review they prepare an' Environmental Impact Statement.
Public Hearings.
If a hearing is requested, a public hearing before the Atomic Safety _ and Licensing Board is held.
This can protract the licensing process by a year.or more.
~
P00R ORIGINAL.
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I hcyc niso enclosed for your ust. a copy of lb CFC Fart 170, entitled
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" Fees for Facilities, and :*cterici Licenses and other P.eculhtorf Services"
=_d. -
(Enclosure 2).
You uill nate that fairly substantial foes r..ay be ir.volved.
--fd in i,htt a,S32,000 appi,ication fee is required end cc:runsatica for IRC costs up to S251,000. -
=
You ciso resucste:I infort.ction en tiie require..ents estat,11sl:cd bv the Envirent. ental Protiction Agency.
!!e recc.:;end t!:at you conti:ct ii. Leuf s i~ eyer, Project Locder, Lou Lcyc1 h'aste Land Disposal, Office of Rctiiation E= '
Program, U. S. Environmental Protection Agency, L'ashinaten, D. C. 204C0.
The require:nents for licensina a low-level disposal site are extensive. '
TT_
!Q arc eaccr to work uith you and again encourage you to ec-a to cur' l.Z~ ~
offices during the early stages of license preparation to discuss ycur application in catail.
I.t that tirae to can answer any :.:cre s;ecific questions you nar h.ve en the licensing process.
Sis:ccrely,
=;.--
' E:._
R. Dale Smith, Cnief Lo,:-Level Maste Licensing 11ranc!:
Enclosures:
'E As stated
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I 13971 l
Rules and Regulations rd-'"+'~
Vol es, No. 37 Wedanday February 25. 1981
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The seeson at the FEOERAL. AEGiSTER comment in November 1978 (43 FR The licenstas procedures in this rule will coniacs reguestory coeurnents navng 53869). Public comment on the proposed be supplemented by technical cntena gecera# --ty ano legal enet, most rule 110 CFR Part 60) was received frorn which will be developed by the of we are w ee to ano coche a r
thirty-four groups and individuals. A Commission in the light of such N C00* O' F*oeras Aegutanone. =me is pu *sned unoer 50 sees pursuant to as number of changes and clanfications generally applicable environmental have been made in the rule as a result of standards as may have been established
[Cc of Feowal Aegulanons is song comments received. His rule contains by the Environmental Protection Agency my a sop.nniercent at Cocurnents.
only the procedural requirements for under Reorganization P!an No. 3 of 1970.
pnces of new booms are kated a tne licensing. The technical cntens against Questions have been raised in the nrut FEOERAL AEGMER issue at eam which the license application will be past about the authority of NRC to montrL reviewed are su!! under development.
regulate the construction of the weste ne current staff t.v.mktnq en the repository. DOE activities that take tec.hmcal cnteru was renected in an place before an application if filed and NUCLEAR REGULATORY Advance Notice of Proposed may affect the long-term safety of the COMMISSION Rulemakmq and draft technical entens repository obviously may preclude published for public comment on May receipt of a construction authorization.
10 CFR Parts 2.19,20,21,30,40,51, 13.1980 (45 FR 31393).
The Commission has concluded that so, and 70 he Commission has made a formal NRC rnay use its powers to regulate deter =mation that the final rule 10 CFR constmetion of the repository.
Cisposal of Higf>Levet Radioactive Part 60 satisf!es the entena for the Accordingly, the Commission may,if Wastes in Goodogic Repositoriest approval of significant regulations set necessary. issue orders to secure L! censing Procedures out in section :(d) of Executive Order compliance with construction 1:044-sorucy: Nuclear Refulatory authemation conditions and to protect fyry the integnty of the repository. !n Commission.
ac nosc Final rule.
Sections 202 (3) and (4) of the Energy addition. failure to comply with the Reorgamnuon Act of 1974. as amended, condidons of any constmdon sunsaaAny: ne Nuclear Regulatory provide the NRC with licenseg and authornation may also be grounds for Com=ussion (Cemmission or NRC)is regulatory authority regarding DOE demal of a license to receive matenal publishing a final rule on the disposal of faclities used pnmanly for the receipt Comments high. level radioacuve wastes at geologic and storage 8 of the he.gh. level A total of thirty four groups and repositones. De rule sets forth radioactive wastes resulung from.
requirements applicable to the activities licensed under the Atomic ndividuals commented on the proposed Department of Energy for submitting an Energy Act and certain otherlong-term.
mie. addmssmg a variety ofissues. Most application for a license and specfies high-;evel waste storage faclities of the of the co.anenters viewed the proposed the proceduns wruch the Commission DOE. P2rsuant to that authonty the rule as e wuficant improvement over will follow in considerms such an Commission is premulgating regulations the pnrpSt General Statement of applicanon.De rule also sets forth appropriate for IIcensing geologic Policy, and generally, th comments provtssons for consultation and disposal of HLW by the DOE. De were suppornve of the pnnciples and participetion in the license review by requirement *n the rule that DOE submit procedures outlined in the proposed State. !ocal and Indian tnbal a Site Characteruscon Report in rule. De pnncipal comments received governments.
advance of performing exploration related to rnultiple site charactenzation, Erric?rve oATE: March 27.1981.
activities also implements Section 14(al in situ testing at depth. cost estimates pcm rustTNEn twponesafiose ccwfACTt of the NRC Authorization Act of1979 for site charactenzation whether the L C. Roberts. Assistant Director for (Pub. I.95-801).: DOE is responsible for rule should requim that the site selected Siting Standards. Office of Standards developing the methods and technology by DOE be the "best". whether an Development. U.S. Nuclear Regulatory for the per:nanent disposal of high-level enytronmental Impact statement (EIS)
Comnussion. Washington. D.C. :0553.
radioacave waste in a Federal sisould b nqmred for site charactenzation, whether the Telephone (301] 443-5965.
MP9.sitory, and for subautting a h.eense appucation for a potential repository.
Commission should prepare an EIS for this rulemaking action. opportumties for State. !ocal and public participation.
3**E gY,.'"q,"u"
'a po eL formal public hearmgs. the prelimmary e,g n
Ort December 6.1979. the Nuclear is.,no w.n,..,.., u.= Any perian, nature of some informstion to be Regulatory Cornmission published for u.ncy..e one enary rece.ine io da..e.
included in an application for comment a proposed rule setting forth eiares. or diso i taality. incivams a te ' dispo*al construction authonzation. and the procedures for licensing geologic high-
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decommissiorung. Summaries of the terminacon of a license following level radioactive wante (HLW)
..,m......,,ui....,c, repositories to be constructed and tv.t.and nenty in. cnneau.oe....rty comments received on these issues are operated by the Department of Energy paMa der a* c==='**""' P'aaa'as fa's presented below. Copies of the (DOE)(44 FR 70408). The propoud rule 8 *'",*"'g*,"cd'.eN
.E he comments and an analysis of them by superseded the proposed Ceneral eta.seie tpenowdme
.a. ann e.
the NRC staff are available in the Statement of Policy published for t
n.. u..
e,..t ca proeo L Commission's Public Document Roca.
P00R BRIGlHR g
13972 Federal Register / Vol. 48. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations Some of the commenters raised issuee Informatien on plans for considenng vanety of factors peculiar to the site and that will be covered in the technical alternatve sites is to be included m the geologic medium, the Commission has entens: those will be dealt with in Site Charactenzation Report. His concluded that greater precision might connection with the ongoing rulemaking provision was quesnoned by some be unduly restnctive.
Tor those entena.
commenters. His information is needed The DOE requested clanfication of the
- a. Site Chometerizarian. Comments so that any deficiency may be the term " site". Definitions of both the terms on site charactenzanon straddled the subiect of "specfic recommendations"
" site" and " medium" will be set forth Commission position set forth in the by the Director of the NRC's Cf! Ice of when the technical cntena are prcposed rule. Soma commenters agned Nuclear Material Safety and Safeguards, published.
with the requirement for multiple site (Director) as provided in 160,11[e). with
- b. In Situ Testing er Depth. Several charactenzation as presented in the respect to additionalinformaban that commenters supported the Commission proposed rule. Some commenters clight be needed by the Commission in view on in situ testing at depth. Some expressed the opinion that multiple site reviewmg a license application in commenters. noting the importance of in charactenzancn was not required for accordance with NEPA.
situ testing at depth. suggested that the the Comr:ussion to ful!UI its.N~r7A Another commenter raised the issue rule require the DCE to melude in situ ocligauon to consider a;ternauves. ne that in addition to the need to consider testmg at depth in its site Commission has carefully reviewed attematives under the provtsions of charactenzanca program. De U.S.
argu=ents presented by the commenters NEPA. the need for charactenzmg Ceological Survey (USGS) supported several sites m a vanery of media is also required in situ testing at depth at a who stated that multiple site jusufied by ?~RC's obligation under the number of sites prior to NRC cnatactenzation is not necessary. The Commission cootmues to beheve. eat Atomic Ency, /u.t to protect public adjudicatory hearings, so that such health and safety.The Commission heanngs could proceed on the basis of required multiple site charactenzation recogmzes that, under the provisions of critical site-specific data on the provides the only effecuve means by the Atomic Energy Act. a consideration candidate host rocks and environs which it can make a comparative of altematives might indeed be rather than on inferences derived from a evaluation as a basis for arnving st a appropnate. where necessary or limited number of dnl! holes reasoned decision under NEPA. Other desirsble to protect health. (Section supplemented by geophysical commenters believed that the 181g.) The Coccassion cannot say at techmques. The USGS expressed the requtrements for multiple site this point that an exammation of opiruon triat direct observation and in charactenzation were not strmgent altematves would be essential for this situ testing of host media will be the enough, and suggested that the rule purpose.The Commissien anucipates only way to charactenze sites with specfy the number of geolcgic =edia that its fundamental licensing inquiry in confidence. Several other commenters and sites to be charactenzed by $e de context of evaluanng radiological objected to the Commission suggestion DCE. The Commission contmues to safety issues will be directed to that in situ testing at depth may be believe that characterizauon of several deter =imag whether the activities necessary. no possibility ofin situ sites will prevent a prematun preposed by the DOE can be carned out testmg at depth after a preferred commitment by DCE to a partic :lar site, in a manner consistent with generally repository site has been selected was and will assure that DOE's preferred site applicable envuonmental standards also suagested.
will be chosen frem a slate of candidate estabbsned by de Envuonmental The Commission. !ike the USCS.
sites that are among the best that can Protecuan Mency.
believes that in situ testing at depth 81s reasonably be found. The Comcussion The Con =ussion also continues to an essential techmque for DOE to obtain considers three sites m two geologic beheve dat waste fann research is an sufficient data to determine whether and mdia. at Inst one of which is not salt.
8ppropnate topic for treatment in the to what extent the surrounding geologic to be the nunumum number needed to Site Characterization Report. as the medium is suitable for,hosung a geologic satisfy NEPA. That is. the Commission discuss.on may lead to spectfic repository.This beliefis supported by can foresee no circumstance that would rec m=endations by the Diretor and.
the ever.p esent possibility oflateral permit it to conclude. on de basis of a as well. contnbute to early e amination changes in the properties of the host more limited invesngation that and broeder understanding o 'possible rock and the possible presence of altemanves have been considered in waste form / host rock in. cations.
inhomogeneities of too small a scale to accordance with the " rule of reason.
Further. wording of I 60.11(a) has been be detected by remote or borehole Furtherit is the present judgment of the changed from waste form" to " waste techniques. Moreover. in order for NRC Commission that for purposes of makmg form and packagmg* to convey better to be able to conclude that the a ressened r3cice dere is not sufficient the concept that the NRC will sees attematives to DOE's preferred site are differen, cetween bedded salt and information relating to the interaction of n fact reasonable attematives for the domed salt for them to be considered the waste as emplaced (hence including intended purpose. in situ testing at dep:h two disnnet attemauve rnedia.
packageg) with de host rock-In response to one commenter's is essential to charactenzmg altemative However. because the " rule of resson,,
sites as well. ne NRC will then be able suggesties that de Site Charactenzation is intnnsically flexible, the Com=ussion to determme. after considering all does not beheve that it would be Report be made to NRC on a site by site relevant environmental factors as basis. I ec.11(a) has been revised to contemplated by NEPA. whether e appropnate for these regulations to require DOE to submit a separate Site spemfy more than the nunimum number Charactenzation Report for each site to construction authonzation at DOE's or type of geologic media and sites that be charactenzed.
DOE must charactenze dunng =:ltiple There were also suggestions that the Me Cmsme tieferprefs es phrnes "Is msa enems. de,ca i.... um condeer of tho site charactertzation. What is important distinctica between site s'opawat s'ochanneat hydrosore, and/or roda is that there be sufficient infor= acon for charactenzanon and screening activities awcase.cs ins Womed fror= a ins arn entw NRC to be able to evaluate real be drawn more sharply. However, y".,.M $','"',O,7,7,,",,77""
alternanves. m a timely manner. in because de acdvities needed pnor to 5mry.t.,.,ne
,.i. t., a seea,c accordance with NEPA.
charactenzation may depend on a r pomiary.
O Federal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations 13973 proposed site should be issued. Bus.
charactenration. Therefore. the environmental impacts. Those impacts the Commission requires in situ testmg Comnussion believes a S:5-30 million were found not to be significant. This at depth m the rule. It is conceivable.
figure represents the upper limit for the Enytronmental Impact Appraisal has however. that.echniques may be "at depth" portion of site recenuy been updated and no new developed to obtam the necessary data charactenzation m soft rock. Cost impact was found to be significant. A At a parneu!ar site mthout in situ testmg estimates for site charactenzanon copy of the updated appraisalis at depth. In such a case. DOE may including m situ testmg at depth in hard request an exemption from the m situ rock may range up to 30% more than available for inspection and copying at the Commission's Public Document testmg at depth requirement. DOE.like cost figures for soft rock.
Roorn.
any applicant for an NRClicense. has
- d. The "Best" Site. Some commenten
- f. State. Local. ond Public the burden of establishmg that NRC suggested that the final rule should Portic: poteen. The proposed rule requirements have been met and the require that the site selected by the DOE regulations require DOE to undertake be the "best". Yet other commecters included detailed provisions to ensure extensive opportumties for participation any testmg needed to determme the thought that the Commission was setting by State and local governments and the suitability of the site for a geolope an unattamable goal of perfecnon for general public in the review of the repository.Thus if exploration andin the selecuan of the site for a geologic DOE's programs for site selection and situ testmg at depth were not repository. It remains the Commission's site charactenzation. The consultation undertaken. DOE would sn!! have the view that the process of multiple site same burden of obtammg and supplymg charactenzation provides a workable role of the States in reviewing to the Comnussion mformation needed mechamsm by which the DOE will be applicable NRC regulations and to establish the suitabdity of the site.
able to develop a slate of candidate licensing procedures, as well as
- c. Cost Estancres /crSite sites that are among the best that can parncipation in the licensing process.
Chorocter:zorion. Cost estimates for site reasonably be found and from which was treated explic2tly m the proposed charactenzation cited in the DOE will select its preferred site.
rule. However, a more formal role of Supplementary Informauon It generally has been NRC practice to "consultatiori and concurrence" for States was requested by some accompanymg the proposed rule were con [ ice a commenters.Suggestons w et ra cense regarded by some commenters as bemq E
E too low.Much of the data for de cost ne Commission pyrceives no reason to were also made that the estimate of S:0 =ullion per site was adopt a different pailsosphy here.
Commission regture the DOE to solic2t denved frorn the Teknekron Inc. report.
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input from State. Indian tnbal and local the governments as well as from the general "A Cost Optimizat on Study for fNRC s public pnor to and dunng site teq at 6 Geolope Isolation of Radioact2ve Wastes." May 1979. prepared under an Enytt nrnentalImpact Statement charactenzation.
contract with Battel:e Pacific Northwest
[
at de site charactenzanori stage De Commission's views en this c
e th subject were set out at length m a report
!.aboratones. The NRC staff has ohe[n[n subcutted to the Congress on "Means reexammed its previous estimate and ne still believes that figure of S:0 million epon e an Ennnonental for !mprovmg Stote Partespanon in the was a realisne esumare for de "at Assessmnt r site charactenzation. In Siting. l.icensmg and Development of depth" pornan of the site its comment letter on the proposed rule.
Federal Nuclear Facilities." NUREG-charactenzanon pregram considered at the DCE stated that a decision to bank 0539. March 1979. cited m the S"EE ***"7 W ""'
I that time. !ndependent support of this or mthdraw a site or to conduct a site figure has been obtamed from the cost charactenzation by more extensive ace mpanying the proposed rule. The summary of Ste milliors for a pregam methods such as sinking a shaft will dunnq 1978-19"9 analogous to site require the preparation of an EIS. In any E
- I """ *"# . " * " ' " " ' "
charactenzanon conducted by the event. smce NRC is undertaking no e ncurrence" w uld reqmre actons by Bureau of Mines at its Envircnmental "maior Federal action
- la connection parnu thu dan de Comiumn.
Research Facdity in Colorado.
mth site charactenzation. it has no
'"O'""*'*
- U"8
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EE '*""I" statutory basis for presenbing what meanmgf' 'l State and pubhc The DOE has deve!oped a prelier s steps DOE must take in order to be in u
design for an undergound test fc.auty in compliance mth NEPA.
participation have been developed. No New Mexico at which many site The rule requ2res subraission of an serious deficiencies in these charactenzation actvities couls be Enytronmental Report along mth the opponunities have been pomted out to conducted. The esn=sted cost of the Safety Analysis Report at the time of the NRC. In addition. the provisions of faclity was $27 nullion (1980 dailars).
appiication for a license. If DOE has te NRCs open meung poney set fenh This figure has been confinned by prepared an EIS that document can be at 43 FR 8053 (June :8.19781 will also Amencan Mine Services uncer contract used so long as it contams the be appued to the licensmg of a geoicgic to NRC. The scope of the DOE informanen called for by the regulanon.
aposimg to de extent pyacucablo prehmmary des:gn surpasses the extent However. NRC cannot be bound to Under this policy, generally, all meetmgs of acuvittes st:rgestea for the "at depth" accept judgments arnved at by DOE in conducted by ee NRC technical staff as porton of site charactenzation in the its EIS.
part ofits review of a parncular proposed ru's. For example. the DOE One commenter suagested that the domestic license or permit application Site Preliminary Venfication Project NRC should prepare an EIS for the will be open to attendance by all parnes Plan includes extensive underpound rulemakmg acnon.De Commission or petinoners for leave to mtervene m mmmg development. The Commission determmed that this was not necessary the caso ne Comission stangly has come to beueve.however that a as part of its review and coproval of encourages the Director to conouct open fac:lity consisticq of *wo shafts and no publication of the proposed rule.
meetmgs pnor to a license application to to 1.000 feet of tunnels is a more Instead. an EnGronmental Impact the estent reasonable *or matters such pracucal arraniement for conducting Appraisal was prepared for those as periodic status reports and suni!ar tests and exo-ments at depth for site requirements whics might have proceedmgs.
P00R ORIGINAL
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13974 Federal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations It should be noted. however. that finaUy granting a license to receive and possible in light of information that is proposals for mtervenor funding have possess high level radioactve waste at reasonably available at the time of not been mcorporated as suggested by a geologic repository operations ares docketmg." no change to the proposed some commenters.This quescon may be and before grantmg license arnendments rule is required. Further. I so.24(b) g addressed separately in the context of to decommission or terminate a license.
specifically lists several categones of rulemakmg applicable to vanous As la the case of facility !! censing information which. where appropnate.
adjudicatory proceedings. should the matters. ex parte communications would may be left for consideration only at the Commission be given statutory be restricted while on.the-record state oflicense issuance.
authonry. which it now lacks. to provide proceedings am pending. Because a
- i. Termination of a I.icense. Two such funding.
construenon authornation (unlike a commenters opposed the provisions In response to commenters' construction permit) is not a license, its (160.52) for the termmation of a license suggestions. the rule has been clanfied issuance does not consutute a Fmal for a repository after decommissioning.
mta respect to notice to and decision on the pending applicauon. To ne Commission believes that there will particpation by Indian tnbes-avoid any unintended ireplicaoon that be considerable debate regarding
- g. Ad/ic Heannss. The issue of the ex parte rule (to CFR :.780) would license termmation dunns the pened whether public heanngs should b*
apply between the construction between adoption of rules and mandatory dunns the pre-licensms authonzation proceedings and the implementation of 6ett provisions.
and/or licensmg stages of geologic commencement of formal proceedings Although the Commission could have disposal of HI.W was addnssed by a prior to receipt of wastes, that rule has omitted the topic altogether. it believes numbers of commenters.Two been amended to provide specifically that some recognition of the issue is commenters suggested that heannes be that a final decsion with respect to desirable so that the rule covers the required pnor to site charactenution.
issuance of construcdon authorintion entire process. !t should be noted that One commenter suggested that public will be deemed. unless the Commission there is no assuraner.mder the language heanngs should be held in the vicimty of orders otherwise. to termmate. for that the licenn womd be terminatu a proposed site prior to the approval of purpous of de a para rule, formal since a decision to do so could only be a Site Charactenza: ton Report. while proceedings then pending before the made if"authonzed by law." The another cer== enter suggested that NRC mth respect to the application.
Comcussion mshes to emphasize that heanngs be held prior to in situ tesung ne rule has also been revised to enteria to be used in making a decision at depth. It was a2so proposed by another commenter that public heannes
[rovide that in c.6al dases involving public to decommission a repository are not g ".
i th included in this procedural rule but will be held on DCE's research and
,,g[,,, hall at be ut fonh enthu & 6 tdnical development work on waste forma.
p, critena o an 60 a as a futum Finally. :wo other ecm= enters believed immediately effective. (12.764.) It is further provided that even if no hearing ngulation a policy statement, has been held. the Cirector of Nuclear Changes a
p o
n.
nstrucdon authonntion to DCE. These issues wen Matenal Safety and Safeguards will not The final rule contains the following discussed at de time the rule was asu a construeda au6en ation.
changes from 6e proposed rule as proposed. The Commission den license, or sigmficant amendment undl published in December 1979.
concluded. in !!ght of 6e limited expressly authonzad to do so by the
,, g,ff,,g;,,,f g3, g,f, pf,p,,,j,
r mission.ne Commission has not information available at the site Commenters noted that the proposed characten:ation stage. that formal yet determined the specfic procedures defimtion of the term " disposal" hearmas were not warranted at that for agency review of an imtial decision-embodied the contradictory concepts of potat. The commenter did not deny the It mil be the Commission s intention.
permanent emplacement" and possible relevance of the policy considerations however, to provide expedit2ous action retneval for purposes other than idennfied by de Commission. but would on an initial decsion to avoid anY resource value. The definition has been have balanced these considerations undue delays in the licenstas procesa.
modified to reflect usage of the term differently. But this is a matter of These changes. while not issued in
" disposal"in de rule as the cendition in judgment. and the NRC adheres to its direct response to commenters' which isolation is required. (160.:(f))
ongmal pcsitzen for the reasons then suggestions. reflect sentiments that the
- b. Incidents / Uses o/Redioccrive offered. Also the NRC c2ust decline to Commission itself should be involved in aforenals. The DCE noted that the review DCE research and development maior decsions on these facilities, proposed rule ccuid have the effect of programs for= ally.NRC's statutory
- h. PreliminaryNorure of the prohibiting the use of source, special authenty includes -ticensing and related Information to belocludedia on nuclear. and byproduct materials at the APP cot:onforConstruction site dunng stte charactenzation and li regulatory authonty" as to censin DCE faclities. Although it is important to Authonrocion. A number of cercmenters faelity construct:en. The DCE referred follow DCE"s program closely, the expressed the opimon that the wording to the desirability of bemg able to use Commissico would not be warranted in of I 60.21 did not explictly railect the such materials for example. as u
formalizing a review process mth pre i-n-y nature of sonne of the radiography sources and radiation respect to that program, information that would be available at rnonttonns test sources.nere may also In revieweg the proceduns for formal the construction authonzation stage.
be a need to employ a small amount of proceedmss in connection with Some commenters believed that certain radiactive material Lr in situ testing in ucensing. the Comm:ssion has categories ofinformation. such as the course of site characten:ation determmed that heanags would be in emergency plans and plans for retrieval activttles.
the public interest ;rior to the granting did not seem necessary. at least in full The Commission did not intend to of construction authenzation. An detail, at the construction authonzation restnct DOE's use of radioactive amendment (in I ? 101[f)(81) has the stage. In view of the fact that i 60.21 matenals for the stated purposes, and effect of mandanng such heanngs. In must be read in conjur.ction mth has c!anfied the pomt 'ay adding a new I
I addition. heenngs will be held upon the 160.24(al, which specfies that the section. I 60.7. wnich expressly request of any interested person pnot to application "shall be as complete as recognizes that DCE (which is exempt P00R BRIGINMe
Federal Re;ister ' Vol. 46. No. 37 / Wednesday. February 23. 1981 / Rules and Regulations 139 5 from NRC bcensing esceot as expressly m6cate that mfor=ation on the entena wnt;ng 'o DCE to express news on any requireo to te bcensed) neec not be and =ededs used for site seiecnon.
aspect of site characten:ation Iscensed for such ;re!:= mary actmties.
tdentification and!ccanon of alternauve (I E 11(hl).
Bis is not an exempt;on uncer the sites and media. and the decsion
- e. Content of Lcense Acahe:non.
esemption pronsions of me Atemic process used to select de site. including Provisions which set forth '&e general Energy Act. but rather an mierpretanon means used to ootam State. Indian tnbal informaton to be included m an of de Cornm:ssion s tunsicaon uricer and public views. which au can be applicauen have been expanded to Sect on := cf de Energy expected to be m DCE" Envirormental include a desen; tion of site Reorganization Act of :974. In other Impact State:r.ent for site enarac entatica work actually wercs. de -fac ity' dat de NRC is
- aracten:ation. need not be duplicated conducted by DCE at all sites hcensms is cne at wh:ca high. level in the Site Charactentation Report, but considered and. as appro;nate.
r 6aacuve wastes are ac' tally stored.
can be econorated by reference.
To the extent dat de procedures call i E11[e) has beeia rnod2fied to state explanations of why such work 6ffered for earfier NRC invoh e=ent. dat exphotly that a copy of NRC's final site frem the desen;tien of program in de mvolvement would be ur:dertaken with charactentanon analysts and de Site Charactenzanon Report for each a view to iong.<er= hesid and safety Directer s opimon will be transmitted to site (6021(b)t51). It :s espected that such cons:ceranons; but dunna site DCE.
a provision wi!! fac:!itate the esa!uanon charactenzat2cn and ;not to ne provisions of i 60.11fg) have been of DCE's site charactenzanon by de i
aublic.
emplace =ent of waste. dere would be changed to requin DCE to per=st NRC
' L Constnict:an Authonzation no -fachry* for storage of h:gh. evel staff to nsit and inspect de site and waste anc r.o basis :or de exerese of obsers e escavacons, bonnes, and in findings. ne necessary fin 6 cgs by the bcensing authonty over the mcdctal situ tests as they are done. ne NRC Co=nussien en environmental matters use of source. specal nudear. and
.elieves that such a require:nentis (I E31(ct) have been revised to byproduct =atenal by DCE.
essennal for NRC to determme that site Coni #m b de 486e m
- Once operatons at a facity have characten:acen acuvities have no pornons of the Cors=tssion's
.,een !icenaec. de C:=nussion beileves adverse impacts upon site safety.
g,,
,y g g, at showc regulate the use of all ne proposed rule contamed expressed by a coctmenter. the
.icensacle =atenais onsite. so as to provisions wruch would per=2t the DCE Cmsm W 6 mm u b
f 8 ull avoid frag =entacca of res;casibiuty to indude multple sites in a single Site
,,,,Yja8' and accountacility with respect to Characten:ation Report. In response to g
F radiolcereal safety (parucularly as it public corraent. and for de sake of specficry may be provided. however.
=ay affect occupatronal exposures).
danty the final rule requires a separate paniculath mm asput to de entena ne change coes not respend to de Site Characten= anon Report for esca fw evaluanng alternadw sau at de DCE's adit:enal concern that de site to be charactenzed.
dme tuhn2 cal cntena are proposed.
proposed rule would prohibit ne Cocmussica reiterates dat de ne Commission has declined to construcuan and perscon of a surface Site Charactenmacon Report will be
=odify the coctmen defense and facihty for *:e storage cf spent reactor reviewed by the NRC staff with secunty Ending. which one corn = enter fuel at a repository site ;rter to issuance c;portumty for public cors=ent on the no consequence.,be "so vague as to be of cnaractenzed to of a Part 60 license. Should this situacon NRC staff analysis of the DCE Site "Im=2cality' find =,ne proposec actually anse in practce. the Characten:auen Report. DCE has gs. ll E31(bl and Corn =ission would consider granteg an Indicated that it wiH provide opportunity E41(cl. reflect de legal standards set exe=pnen so as to permat licensing to for puolic comtnent on its Site forth in de Atonue Energy Act. In be carned out uncer other pans of NRC Characten: anon Report pner to parucular Sec*:en SN2) denof. De regulattens.
subcuttal to the NRC, A!so, the concetts here related gen,erstly to
- .Sete Cerocren rion. Fo!!owing Coc=ussion conunues to anticcate dat protecnon of dassiEed intor=ation and detaded consideranen of public it will hold local public meetings in de arensis. ;rotecnon against loss or co==ents. de Co== ssion ha s decded i==ediate area of $e site to be 6 version of nudear waste matenals to noutre m situ testeg at depth and to charactenzed. nese =cetings will be fro = the repository, and protecton i
speedy the =mtmum number of sites to held botn to disse =inate infor=ation against radiolopeal sabotage at de be considered as alter =auves dunng site and to obtam pubit input which wiH be repository. Detailed regulauons appear charactenzauen.
factored mto the final version of the in other pans of this chapter on
- d. Site C3 cree:encerion Recorr. One staff analysis.
protectfon of classifed =stters and no commenter on the ;roposed rule ne pened for co:n=ent on the NRC's furder specal provisions appear to be susgested dat de desen;non of de draft site charactenzacon analysis has recu2nc for Part (c. See 10 CFR Part 2.
CCE's planned site character zanon been extended frs= a =mi=um of 60 suopart L Part :5. Part 95. Raciauon pregrarn eclude a preil unary design of days to a =mimum of 90 days in hazarcs assocated with h:ss.ievei the repository. Knowieo;e of de resconse to public ce==ent. (160L11(el) radioscuve wastes make the=
proposed ces:gn would help =dicate ne provision concer:ung se= annual inherently unattracuve as a targit for how the tesung progra= related to the progress reports has been expanded so diversion. and therefore no detatied repository layout. The Co==ission has as to provice additional guidance to the provisions appear to be warranted at
- nade it exp!ict that de Site CCE on the c~uen's of those reports.
this et=e for protecnon against loss or Character zacon Report me!ude a (160.11(g)) L +An. I SOL 11[gj now 6 version.ne rule :as been changed to 2
conceptual design of the geolope contams a provision which requires nqmre CCE to desence the elements of repository operanons ans. This is CCE to provide in report form, any its plan to protect agamst sabotage, needes so as to permit analysts of infor=aton related to site However. CCE, as a Federal agency car ain aspects of the site charactenzation. when requested by the cperac.ng und t the Ato=ic Energy Act.
charsetentation protrats. (i 60.11f a).)
Director.
has its owT obliganon to prornote the ne provtsions of I 6aL11[al have been ne rule has been rensed to per=ut cors=en defense and secunty. :ndeed.
=o6fied by de addinen of a foomote to de Cirector to co==ent at any uma in CCEis esponsibie under the Ator:ue P00R ORIG NAL
13978 Federal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations Energy Act for protection of metenals induded in these categones oflicense Regulatory Commission or its duiy and facilities far more sensitive from a conditions considered minor with authonzed representatives.
safeguards standpomt than nuclear respect to the public health and safety.
Pursuant to the Atomic Energy Act of waste matenals m a geologic repository. could be made with pnot notice to the 1954. as arrended. the Energy
\\ Ths;efore. the rule provides that a DCE Commission but without pnor Reorganization Act of1974. as amended.
certification that its repository Commission approval Public !.aw 95-601 (November 6.1978).
operat: ens area safeguards are equal to h.L' cense Spec fications. The the Nattenal Environmental Policy Act those at comparable DOE surface Commission has accepted a suggestion of 1969. as amended, and sections $52 facilities shall constitute a rebuttable to delete a requirement for indudmg. as and 553 of title 5 of the United St&tes presumpuen on the question of license condinons. restrictions as to the Code, not ce is hereby given that the inimicality to the common defense and location and charactenstics of the following amendments to Title 10.
secunty.
storage medium. As noted by a Chapter L Code of Federal Regulations
- 3. Conditions of Construction comrnenter. these features may be are published as a document subject to AutMonscrion. The Snal rule specfies inherent in the storage medium itsell codiScanon.
(1 60.3:Ib)) that the construction L In8Pections. The final rule contams authonzation "will incorporate-a provtsson (l 60.73(c)) requinng DOE to PART 2-MULES OF PRACTICE conditions requinns the submission of provsde onstte ofEce space for the certam penodic or special reports. This exdusive use of NRC mspectors and
- 1. Sectfon 2.101 is amended to add a wording differs from that of the personnel g
proposed rule which stated that the J ParticPotion oflodion Tnbes.
I 2.101 Fuing of aspncation.
Commission "may, at its discretion Several changes have been made in the incorporate' these condinons. The NRC rule to provid,e for full participanon by (f)(tl Each application for a license to agrees with a commenter that such Indian tnbes us the licensing procedurcs.
receive and possess high level reports will be needed and that there is
',',e an{s ge e radioacuve waste at a geologie pm e proposed rule would have done. The as gov d units. A new Secten,
repository operations area pursuant to no reason to reserve discretion, as the part:culars of the conditions would. of ca.64 provides that Indian Tribes shall Part 60 of $2s chapter and any course, depend upon the nature of the have the same opportunities as States to environmental report required in project that is to be constructed.
submit pmpsals for 6ir parucpauon cormection therewith pursuant to Part 51 A new ;aragraph 60.3:(c) has been in de NRC resw. Thse proposals of this chapter sha!! be processed in included in the Snal rule to inform DCE shall be approved (and may be funded) accordance with the provisions of this that the censtruenon authoruation will if appropnate findings can be made paragraph.
mdude restncuons on subsequent conem.mg h contnbudon m W made
(:) To allow a determination as to to the licensing review. A new Seedon whether the application or chac5es to the features of the recository 60.65 makes it dear. however. that the environmental report is complete and and the proceduns autherued.nese Director shall endesver to avoid acceptable for docketing. it will be restnctions will fall into three categories of descending importance to public duplication of effort when acnns on initially treated as a tendered document, multiple proposals. to the extent that and a copy will be available for public heanth and safety as foUows:(1) those this can be accomplished without inspecton in the Contmission's Pub ac festures and procedures which may not be changed without (i) 60 days pnor substantial prejudice to the partes Document Room. Twenty copies call be lavolved.
filed to enable this determination to be notice to the Commission. (li) 30 deys k.Prepamtion ofan Enrimru.renta/
made.
nonce of cpportumty for a prior heanng. Impact Statement peror to issuonce of (3)If the Dinctor of NuclearMaterial and (iill pnor Commisnon approvat (:)
fje,3,, to receive andpossess #1.W.
Safety and Safeguards determines that those fean:res and procedures which ne reqturement that the NRC prepare the tendered doc-.ient is complete and may not be changed without (i) 60 days and c:rculate an EIS prter to issuing a acceptable for docketmg. a docket pner notice to the Commission, and (ii) gjcense to receive and possess HI.W has number wi!! be assigned and the pnor Commission approvah and (3) been deleted (51.5(a)(111). Since an EIS applicant will be nottfled of the these features and procedures which will be prepared by NRC prior to deter =mation. If it is determmed that all may not be changed without 60 days granting construedon autheruation for a or any part of the tendered document is pnot notice to the Commission. Features geolojpc respository operations ares. it incomplets and therefore not acceptable and ;rocedures falling in category (3) may not be necessary to prepare a for processmg. the applicant will be may not be changed without ;nor second EIS. Rather. after the infor=ed of this determination and the Commissien approvalif the construccon authernation stage. the respects in which the document is Cornsussica. after havmg received the NRC will perform environmental deficent.
required netice so orders.
assessments. and. as appropnate will (4) The Director may determine the Not every feature and precedure in supplement the EIS or determine that no enytronmental report to be not complete the license application at the time the such supplemental statement is and therefore not acceptable for constructon authonzanon is issued required.
processing tfit fails to include the would need to be included in one of the L Records and Tests. The term required site charactenzation data.
three careenes.nere will be a number "signi5 cant" has been deleted from including the results of appropriate in of matters that could be changed as Secton 60.71(c)(3).The Commission situ testing at depth for each site et,nstructica progresses without pnor requires non5 cation of a!! deviations charactenred. with respect to the nonce to the Cocunissien. Such changes from license conditiona.
number of sites and media specfied in would be brought to the Commission a
- m. Definition of the term 151.40 of this chapter. If such a attennon when the license app!Ication is
- t"ommission." A defirution of the term determinacon is made, the Director upcated pner to issuance of a license to
" Commission" has been added to the shall request the DOE to submit. within receive wastes. Also. it is contemplated final rule to make it dear that in Part O(L a spec 5ed time. such charactenzation that changes to features or procedures the " Commission" means the Nudear data as the Director deter =mes to be P00R ORIGINAL
Federal Register / Vol 44. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations 13977 necessary. If the DCE fads to provide State and locaton at which the
- 4. Secuen 12cs(alis amended by the requested data mthin de tmo preposed geologic repository operations adding r:ew parapaphs (4) and (5).
spectied, the applicanon shall be area would be located and will give ndesip:atmg custing parapaph (4) as subtect to derual under i iloa.
notice of dockenng to the governor of (6) amending the parapaph (5) With respect to any tendend that State. The nonce of docketsg will redesignated as (6) numb +nng de document that is acceptable for state that the Cornaussion finds that a ex2 sung undesigna;ed parapaph dockering, the applicant wdl be heanns is required in the public interest. following renumbered parapaph (6) as requested to (I) submit to the Director of prior to issuance of a construction (T) and adding a new final paragraph (8)
Nuclear Matenal Safety and Safeguards authenzanon and m!! recte the matters to read as follows:
such addtional copies as the reguiations spec: lied tn i 1104fal of th s part.
in Parts 60 and 51 reqmre. (ii) serve a 1 Secton 1103(a)is revised ta read I L188
"*88* of r***
- 8*c5ca-P copy on the chief execuuve of the as followc (a)If a hearing is not reqmnd by the municipi!ity in which the geologic Act or this chapter. and if the repcsitcry operations area is to be I M8
- "8"*'8'"*'
Commissica has not found dat a located cr. if the geolog:c repository h*,,,*,','t, "'**'
heanns is m the ;ablic interest. it wn!L operations area is not to be located within a mumcipality, en de chef (a)If de Cincter of Nuclear Reactor pnce to acung thereon. cause to be executive of de county (or to the Tnbal Regulanon u &e Dincta of Nuclear published in the Federal Repster a crianizaden. if it is to be located within Matenal Safety and Safeguards, as notice of proposed acuen with nspect an Indian reservatienI. and (iiil make apyropnate. finds that an applicatien for to an applicanon fort direct dis =bution of additfonal copies a byproduct. source. special nuclear to Federal State. Indian Tnbe, and local matural u epuste ucense com;Hes of5cals in accordance mth the md de nqmremuts of de Act. Se hignon sacun wute at :
Energy Recrganization Act. and bis geologic apository operanens ana t
ons f m e i ctor o N c.
chapter. he will issue a license. If is pursuant to Part 60 of 61s chapten Material Safety and Safepards. All Ucense is for a facIlty or for receipt of (5) An amendment to a hearse such copies shall be completely wasre radioscuve matenal from other spec!!ed in parspaph (a)(4) of this assembled documents. idennSed by persona for se purpose of ccmcer=al secten. or an amendment to a decket number. Subsequently dsposal by de waste disposal!!censee.
constructen authonzation granted in distnbuted ac:endments. however, may orifit is to receive and possess h:gh, procudags on an appucacon a such a include revised pages to previous level radioacuve weste at a geologic license, wnen such amend =ent would submittals and, in such cases, the npenitory operacons ans pursuant to authenze accons which may recpients wd! be nsponsible for Part 50 of its chapter, de Director of sigm5cantly affect the health and safety insernng de revised ; ages.
Nuclear Reactor Regulation or the of tne pubhc or (e) The tendered document ml! be Director of Nuclear Matenal Safety and (S) Any other !icense or amendment formally decketed upon receipt by de Safepards. as appropnate. willinfor:n as to which de Coc=ussion determmes Director of Nuclear Matenal Safety and the State. Indan Tnbe. and local that an opportunity for a public heansg Safeguards of the reqwred additional ciScals spectied in I am(e) of de snould be afforded.
copies.The date of docketmg shall be issuance cf the license.
(7)In the case of an application for an
- P'"UA8UC'"'*I*'*I*"N'Y*I*'7P8 the date when the reqmted copies are received by the Director of Nuclear
- 3. Section 1104(e) is revised to read desenbed in 150.1(b) 3r ! 50.= cf this Matenal Safety and Safepards. Wid:a as fouows:
chaptu cr a tesung facWty. a nonce of ten (10) days after docketing, the opportunity for heanng sha!I be issued applicant sha!! submit to the Cinctor of I m meeWham,
as soca as practcable after de Nuclear Matenal Safety and Safeguards application has been docketed.
a wntten state =ent that distnbucon of (e) The Secretary wdl give timely (8)la the case of an applicacer. fe the additie:a! copies to Federal State.
nonce of de hesnng to all partes and to license to recean and possess high.,,r a evel Indf an Tnbe, and !ccal officals has other persons. if any, ennt!ed by law to radioactive waste at a geologe been cocspleted in accordance with notics. The Secretary wdl transmit a repository operauons area. a notice of require =ents of this chapter and wntien notice of heanns on an application for a opper umty for heanas. as nquired by instructions furnished to the applicant facGry license or for a license for th a parapapa. snail be pubusn d pner e
by 2: Director of Nuclear Matenal receipt of waste radioacuve matenal to Comcussion acnon authonnng Safety and Safepards. Distnbucon of frons other ;ersons for 6e purpose of receipt of such wastes: &is reqmre=ent the additional copies shall be deemed to c m= ercal disposal by the waste is m addtzen to the procedures set out be cc=piete as of the tme the ceptes an disecsal licensee or for a license to in 11101[f}(8) and i 1104 cf this part.
deposited in de mad or with a carner receive and possess high-level wn2ch provice for a hearmg on de pnpaid for delivery to the designated radicactve waste at a geologic application pner to issuance of a addressees.
repcsitory cperancas area pursuant to
- c.,struct!on authonzauen.
(7) Amend =ents to the applicatfon Part so of this chapter to the Covernor 5.10 CFR 1105(e)is revised to read and enviren= ental report shall be E!ed or other apprepnate official of the State as foHows:
and distnbuted and a wntten statement and to the chief execuuve of de sha!! be fur:ushed to the Director of c:umcpality in wiuch the facdity is to (e)If no request for a heanns or Nue! ear Matenal Safety and Safeguards be located er se acuvity is to be pennon for leave to mtervene is f!!ed in the sa=e =anner as for the inical ccnducted or. i.f the facility is not to be within de time pnscnbed m the nonce, appucinen and environmental report.
located or de acuvity conducted within the Director of Nuc! ear Reactor 18)The Dinctor of Nuclear Matenal a mumcpality, to the chief execuuve of Reguiacon or Director of Nuclear Safety and Safeguards will cause 'o be ce county (or to the Tabal orgam:ation. Matenal Safety and Safeguares. as published la de Federal Register a if it is to be so located er conducted appropnate. may take ce preposed nouce of docketing wiuch idennSes the wiim en Incian reservanon).
acnon. inform the appropnate State and P00R ORIGINM.
13978 Tederal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations local officials. and cause to be pubushed or any amendment to such an the regulations in Parts 30 through 35. 40.
in the Federal Register a notice of authonzation or license which cay 60 or 70 of this chapter. including issuance of the license or other action. !f sigmficantly affect the health and safety persons licensed to operate a production a request for a heanng and/or a etition of the public until expressly authonzed or utili:ation facility pursuant to Part 50
\\ for leave to intervene is filed wickm the to do so by the Commission, of this chapter.
tirne presenbed m the notice. the
- 8. Section 3.780 is amended by adding
- 12. Secnon :0.3(a)(9)is amended by Commission or an atomic safety and a new paragraph (3) to read as follows:
adding "80." follomng ~30. 40." to read licensmg board designated by the as follows:
Commission or by the Chairman of the i 2.750 Ea perte commun6cedona.
lM De % done.
Atomic Safety and Ucensing Board Panel will rule on the request and/or (g)in the case of an application of for (a) As used in this part petition and the Secretary or the a license under Part 60 of this chapter designated atomic safety and licensing (relatmg to disposal of high.!evel (9)"Ucense" means a license issued board ml! issue a notice of haanng or radioacnve wastes in geologic under the regulations in Part 30,40,60 or an appropnate order.
repositones). this Part requ res a 70 of this chapter. "Ucensee" means the proceedi:tg on the record prior to the holder of such license.
S. Section :.106 is amended by adding issuance of a construction authortzation.
a new paragraph (c) to read as follows:
I!nless the Comnussion orders otherwise. the issuance of a construction
- 13. Section 20.301(a)is amended by 1 2.106 Nooce of Issuance.
authonzation (or a final decision to deny adding "50." followmg "30. 40." to read a construccon authorization) shall be as fouows:
(c) The Director of Nuclear Matenal deemed. for pu. poses of this section. to No licensee shall dispose of h, censed Safety and Safeguards will also cause to terminate all proceedings on the record matenal except be published in the Federal Register then pending before the NRC with (a) By tnrisfu to an stathon, zed notice of. and milinform the State.
respect to sr.dt application.
recipient as provided in the,regulan,ons local and Tnbal of5ctals spec:fied in in Part 30,40. 60. or 70 of this chapter, i 1104(e) of any actios mth respect to.
PART 19-NOTICES. INSTRUCTIONS whichever may be applicable: or an applicatiors for a license to receive AND REPORTS TO WCRKERS; and possess high.ievel radioactive INSPECTIONS
- 14. Section 20.408 :s amended by mag "35,"40.eded by adding
- I "
se of th
- c. a pter;"
a ph operanons ap a to art 60 of to nao as (a)(3). redesignating paragraph (4).
this chapter. or for the an:endment to I
- 8:
such license for which a notice of including the table and accompanying proposed action has been previously i 19.2 scops note 1. as paragraph (5) and adding a
"**E*"I" N ^*"
E* #* 8" E published.
The regulations in this part apply to
- Secuon 2. 54 is amended bY all persons who receive. possess. use. or h*h(3) and new paragrapn (a)(4) read as revismg the captiert, by adding a new transfer matenallicensed by the paragraph (d), and by maldag Nuc! ear Regulatory Commission 1:o.aos Reports of personnes monrtonne conformmg changes to paragraphs (a) pursuant to the regulations in Parts 30 on to'wunsoon of **e8eyment of wort.
and (b) to read as foUows:
through 35. 40. 60. or 70 of this chapter.
(a) * *
- I 2.764 Immedste effectiveness of certain includmq persons licensed to operate a (3) Possess or use at any one time. for neas oects. ore..
produccon or utilizanon facility purposes of fuel processmg. fabncating.
(al Except as provided in paragraphs pursuant to Part 50 of this chapter.
or reprocessing. special nuclear matenal (c) and (d) o.f.this section. an mmal
- 10. Section 19.3(d) is amended by in a quantity exceeding 5.000 grams of dectsion.
adding "806" foUowmg "35. 40." to read contatned uramum-235. uranium.233. er (b) Except as provided in paragraphs as foHows:
plutonium or any combination thereof pursuant to Part 70 of this chapter:
(c) and (d) of this section. the Director of f is.3 De m (4) Possess high-level radioactive Nuclear Reactor Regulation or Director of Nuclear M As used in this part waste at a geologic repository Safeguards.aten. al Safety and operations ana pursuant to Part 60 of (d)"Ucense" means a license issued this chaptert or (d) An imtial decision directing the under the regulations in Parts 30 through issuance of a construcuon authonzaton
- 35. 40. 60 or 70 of this chapter. mcluding licenses to operate a production or PART 21-REPORTING CF DEFECTS unUzauon factH,ty punuant to Part 50 of M MGNM rel t n to dispo oh ev radioactive wastes in geologic this chapter. Ucensee means the holder of such a license.
- 15. Section 21.21s amended by repositones) or any amendment to such go,,,.ung "E" aftu '*33. 40," and also by an authonzanon or a license authorizmg PART 20-STANDARDS FOR inserting "80." after "40,30." to read as actions which may stEnificantly affect PROTECTION AGAINSTRADIATION foHows:
the health and safety of the public, shall become effective only upon order of the
- 11. Section :0.:is amended by adding i 2t.3 Scope.
Commission. The Director of Nuclear "80." following "35. 40." to read as The regulations in this part apply Material Safety and Safeguards shall follows:
except as spec:ficauy provided not issue a construccon authonzation or otherwise in Parts 31. 34. 35. 40. 60 or "O a license under Part 80 of this chapter.
I:S.2 Scope.
of this chapter. to eoch individual The regulations in this part apply to partnership. corporation. or other entity y-.
a!! persons who receive. possess. use. or licensed pursuant to the regulations in transfer materiallicensed pursuant to this chapter to possess, use. and/or
= = = - - - - - * = -
P00R ORIGINAL
Feders! Regster / Vol. 46. No. 37 / Wednesday. February 23. 1981 / Rules and Regulations 13979 transfer within the United States source. parncraph (1:1 and adding a new the matters desenbed m 15120.
b) product and/or special nuclear paragraph (11) to read as follows:
Pe'itioners for *ule makana covered by matenals. or to construct. manufacture.
,I,58.5,,,,,,,,,,sree',,,,,,,,,,,,,,
Stancards Ces e!cpment fifty 130) cop es Aeson unng preparation of possess. own operate and/or transfer withm the Umfed States any production pr unfization facility. and to each
,,,,,,,,,,,,,,,,,,,n of an environmental report which appraete: actione esctuees.
discusses the matters described m director f see ] *1.3(fil and responsible 9,...
I 3120.
officer (see 1 :1.3(i)) of such a hcensee.
(d)!ssuance of a construction The regulations in this part apply also to each mdividual. corporation.
authontation for a geolope repository (d) The DOE. as an applicant for a partnership or other entity doing operations area pursuant to Part 60 of license to receive and possess business within the United etates. and this chapter, radioactive waste at a geologic each director and responsible ofncer of repository operations area pursuant to such orgeruzation that constructs (see
- 21. Section 51.5(b)(4) : amended by Part 60 of this chapter, shall submit at I1.3f cil a production or unlization changmg me penods at the end of the time ofits application or in advance.
facility !icensed for manufacture, (b)(4)(iii) and (b)(4)(lv) to semicolons and at the time of amendments.in the construcuon or oceration(see 121.3thl) ahd adding the word "and" after 'he manner provided m i M= of this pursuant to Part 50 of this chapter or new semicolon at de end of paragrapn chapter. environmental reports which supplies (see i 21.3(!)) basic component (b)(iv). adding a new paragraph (v);
discuss the matters descnbed in i 5120.
(see i 21.3(all for a facility or acuvity substitutmg subparagraph (v) for The discussion of attematives shall licensed. other than for export. under subparagraph (iv)in paragraph ($1:
include site charactenration data for a Pans 3a a 5a 6a Ta or 71.
insernng "$0** fo!!owmg "4a" and "50.a number of sites m accroonste geoiogic in paragraph (6): and adding new media so as to aid the Commission m 1 21.3 Definicone. f Amended) paragraphs (10) and (11). New making a cornparative evaluation as a
,S. Seenon 21.3 is amended paragraphs (b)(4)(v) and (10) and (11) basis for arnvmg at a reasoned decision de number "60" after "40. 50.,by adding wherever read as fo.7 owe:
under NEPA. Such charactenzauon data (b) *
- it appears m paragraphs (s). (a-1) and g...'
shall melude results of appropnate in
@I-situ restmg at repository depth unless (v) The ret.cyt and possession of high-the Commission finds with respect to a 1 21.21 Metmeaoon of tadure to compey o, level radioacu: s waste at a geolope particular site that such testing is not existence of a defect.
repository opera. ion.: area pursuant to required. The Commission considers the
- 17. Secnon 21:1(b)(1) is amended by Pan 60 of mis chapter.
charactenzanon of dra situ addmg the number "So" after "4a 50-represennng two geologic media at least wnereverit appears in i 2121(b)(1)(1)
(10) Terminstfon of a license for the one of which is not salt to be the and til).
possession of high-level radioacuve mmimum necessary to satisfy the waste at a geolope repository requirements of NEP.8L (However. in operations ares at the request of the light of the sign 2ficance of the dec:sion P ART 30--RULES CF GENERAL licenue.
selectmg a si'r for a repository the APPUCABIUTY TO UCENSING OF (11) Issuance of a license to receive Commission fully expects the DCE to 8YPROCUCT MATERIAL.
and possess high4evel radioacuve submit a wider range of alternatives
- 18. Secnon 3att is amended by waste at a gelogic repository than de mmunum required here.)
adding a new paragraph (c).
operations area pursuant to Part 60 of
- 24. Section $1.41 is amended to read this chapter.
as follows:
)30.11 Speerne esempoone.
=. Secton $1.3(d)(3)is amended by adding "50." followmg "40, 50." to read i 51.41 Aamwatradve procedures.
(c) The DCE is exempt from the as follows:
Except as the context may otherwise requirements of this part to the extent require, procedures and measut.s that its activites are subject to the (d) * *
- str:ular to those desenbed in 1131.=-
requirements of Part 60 of this chapter.
(3) Non. substantive and insigruficant 3125 will be followed in proceedings for amendmenta(from the standpouit of the issuance of materials licenses and PART 40-OOMESTIC UCENSING cp environmentalimoact) of Parts 20. 30.
other actions covered by 151.5Ial but SOURCE MATERIAL 40,5a 80. 70. 71. 73. 200 or 110 of this not covered by I 3120 or Stat.The
- 19. Section 4a14 is amended 'Jy chapter: and procedures followed with respect to e
adding a new paragraph (c).
matenals licenses will reffect the fact
- 23. Section 51.40 is amended by that, unlikv the licensms of production I ac.ta specine enemocone, revising paragraph (a) and by adding a and utilization facilities. the IIcensing of t
new paragraph (d) to read as follows:
matennis does not require separate authorizations for construcuan and i 8L*8 L mp Ne, peratiert In the case of an application te uire e o t is part t t e xtent (a) Except as provided in paragraphs for a license to receive and possess requ n s of Pa of s chapter *
(b). (c) and (d) of this section. appiicants highdevel radioactive waste at a for permits. licenses. and orders. and geologic repository opera tions area amen ents to ad an punuarit to Pan 60 h dap.
therect covered by I 31.5(a) yah PART 51--UCENSING AND snell however, the environmentalimpset C'"'
' "" '"I " 9"'
NI I * 'O CEDUR S F R ENV CNMENTAL PROTECTION Reactor Regulanorter Director of prepared and c:rculated pnor to the Nuclear Matenal Safety and Safeguards, issuance of a construction authonzation:
a Section 51.5(al ss amended by as appropnate.150 copies of an de environmental impact statement recesignating paragrsph (11) as environmental report which discusses shall be supplemented pner to issuance PiiGR ORIGINAL
13980 Federal Register ! Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations of a license to take account of any 202. 2mL Pub. L 93-43E as Stat.1264 1246 (42 waste are effectively isolated from the substant:31 changes in the activities U.S C 5&42. 38a61. Sec.14. Pub. L 95401 f 42 biosphere.
proposed ta be carned out or significant U.S.C 2c21al. Sec 102!:yct. Pub. L 71-19a as (i) " Geologic repository operations
\\ new information regarding the Stat as3 (42 U.S C 4u2k area"means an HLW facility that is part environmentalimpacts of the proposed For the purposes of Ser. 223. ca $ tat. 95& as Cf a geologic repository. including both activ1 ties.
amended. 42 U.S C 2273. ll e471 to ear 3 are surface and subsurface areas, where
- 25. A new Part 60 is added to read as
' ",",e d waste handling activities are conducted.
, 3ded 1
follows:
(j) High. level radioactive waste or Suapart A--General Provleione "HLW":reans (1) irradiated reactor PART 60-DISPOSAL OF HIGH LEVEL fuel (2) liquid wasles resulting from the RADIOACTIVE WASTES IN GEOLCGlc l'81 N'P* ** **d ******
cperation of the first cycle solvent REPOSITCRIES This part presenbes rules govermnf extraction system. or equivalent. and the the licensing of the U.S. Department of concentrated wastes from subsequent Subpert A--Ceneral Provtalons Energy to receive an.1 possess source.
extraction cycles, or equivalent,in a Sw.
spec:al nuc! ear, and byproduct matenal fac:lity for reprocesstra g irradiated 50.1 purpose and scope.
at a geologic repository operations.res.
reactor fuel and (3) s. sids into which so.2 Desinsuou-This part does not apply to any activity such liquid wastes have been converted.
y
]
licensed under another part of this (k)"HLW facility" means a facdity sos tatuptetanons.
chapter.
subiect to the licansing and related ena Eumanona.
f ee.2 Dee *tsons, regJatory authonty of the Cornmission ao.r Lcense not required for certain pursuant to Sections 202(3) and *,02(4) of prelimmary acunues.
As used in this part the Energy Reorganization Act of1974 (a)" Candidate area"means a geologic (se Stat 1:44).*
Suspen N and hydrologic system within which a
[])-Indian Tnbe* means an Indian Pmpplicaden Review geolope repository may be located.
tnbe as defined in the Indian Self-eato site charactenunca.
(b)" Commencement of construccon*
Determination and Education east site Charscrenuuan Report.
means clearing ofland. surface or Assistance Act (Public Law (93-638).
g,;,,,,, 3,,;3,,,,,
subsurface excavanon. or other (m)"!mportant to safety." with substantial action that would adversely reference to structures, systems, and affect the environment of a site, but compocents, means those structures.
ea g and b on of applicanon.
en23 ramsunon of rennuon.
does nor include changes desirable for systems. and components that provide so:s Updenr:a of appheauan and the temporary use of the land for public reasonable assurance that radioactive ennronmentai npon, recreational uses, site charactertration weste can be received. handled and activities, other preconstruction stored without undue risk to the health g,,
3 morutonng and investigation necessary and safety of the public.
east Construccon authonunca.
to establisa background information (n) Public Document Room" means ea32 n ou of coutnicuan related to the suitability of a site or to the r! ace at 1717 H Strut NW.
_ n
~ S w deoutruenon the protection of environmental values.
Washington. D.C. at which records of authonnue or crocurement or manufacture of the Commission will ordinanly be made components of the geolc*gic repository available for public inspection and any operations area.
other place. the locanon of which has east Standards for issuance of a licenea.
(c)-Commission" means the Nuclear bua published in the Federal Register, y h",d2'7,",'
. a'n,88*
Regulatory Comnussion or its duly at which public records of the 3,
ea44 Changes. tests d expenments.
authenzad :epresentanves.
Commission pertaaning to a particular i
se es Amudment of!icene.
(d)" DOE" means the U.S. Department geoicpe repository are made avadable 60 44 Particular acttnues reqmrmg license of Energy or its duly authonzed for public inspectiott, amendmeat.
representanves.
(ol" Radioactive waste" means HLW n_
(e)" Decommissioning" or and any other radioacuve matenals east Ilcanse amudment to decommission,
" permanent closure" means final other than HLW that are received for t
cas2 Tuminanon omense.
backfilling of subsurface facilities, emplacement in a geologic repository.
sealing of shafts. and decontammation (p)" Site characterization
- means the l
suepart c-partespotion by stete and dismantlement of surface facilities.
program of explorstion and research.
C**"'"*"t* *a's Inotan ubes (g) Disposal" means die isolation of both in the laboratory and in the field.
east Site nnew.
radioscuve wastes frm the biosphere.
undertaken to establish the geologic cast Filing of proposals for State (g)" Director" means the Director of conditions and the ranges of those P"*""
the Nuclear Regulatory Commission's paranieters of a particular site relevant son penonby!
anbes.
Of!1ce of Nuclear Matenal Safety and to the ;rocedures under this part. Site eaas Cardmana.
S*f*fuards.
characterization includes bonnss.
[h)"Ceologic repository" means a surface excavations, excavation of f
ecoren. Repons. Twen, and system which is intended to be used for, exploratory shafts. limited subsurface or may be used for, the disposal of eart Reconi and npons, radioactive wastes in excavated
'These are Doc-facilities used pnmanly for une ear 2 Tata.
r'ca et **d ' torus
- oflu M inspecuom,
geologic formations. A geologic rnuinas free ocuntae. sa.ime red 4a.ctin =nin
!; canned under suca ecs itse
^ d'oneyJeca n n at a2. n et. 2oth.
repositcry mcluces (1) the geologic Atom.c Enrir Acti and-1tetrimble 5.due
- f. i."o-p.1a:. tas. Pub. L t3 as, as reposttcry operations area and ( ) all 9me reahnu udee in, n,,,,,,,,,, or
.n facunn utnena.d tw
....,i.,,...,.
amnded. es stat. 9:s. r30. 932, 933. sas, sea, surface and subsurface arcas where im at bien.;e,ei r.4io.cm....ie. s.n r..d oss, as4. u amended (42 UAC. st. : ors, natural events or activities of rnsa may
'2r toccan,cn m nei md rar. or m p.n et.
- cet :oss. : cess :ttt. ::st. ::32. csst 5.cs.
change the extent to which radioactive ennres ans em, men aconn.ee P00R ORIGINAL.
Federal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations 13961 fateral escavations and borings. and m to the extent that DCE receives and activities which address de ability of situ testmg at depth needed to possesses source. special nuc! ear, and the site to host a repository and isolate determme the suitabihty of te site for a byproduct matenal at a geologic radioacuve waste. or wnich may affect geolepc repository. but does not melude repository-such abdity. and (iiil provisions to prelimmary bonngs and geophysical
!a) For purposes of site control any adverse. safety.related test:ng needed to cec:de whether site charactenzanort or ef'ects from site charactenzanon.
charactenzation should be undertaken.
(bl For use. durms site including apprognate quahty assurance
!ql"Tnbal organization' means a charactenzation or construction. as inbal organizauen as defined in the co:nponents of radiograpbc.radiataan pro 6 rams:(?) a desenption of the quahty assi.rance program to be apphed to data Indian Seif.Determmation and momeones, or stmalar equipment or collectiert and (8) any issues related to Educanon Assistance Act(Public!.aw inst.ventauon.
93-63st.
the site selection. alternauve candidate anas or sites, or design of the geologic g g g,,,,%
repository operat:ons area which the (a) DCE shall not receive or Eossess Pmappucation Review ME e de Cummnion m nuw.
Also mcluded shall be a descitption of source. s;ee:al nuc! ear, or byproduct i64.10 Site enerectenzseen, matenal at a geolopc repository the t' search and develocment acuvities (a) Pnor to submittal of an application bems conducted by DCE wnich deal operations area except as authonzed by for a license to be issued under tbs part mth the waste form and packaging a Lcense issued by de Comnussion pursuant to this part.
the DCE shall conduct a pregam of site wh ch may be considered appropnate (b) DCE shall not commence charactenzanon with respect to the site for the site to be charactenzed.
construenon of a geolope repcsitory to be desenbed in such application.
including research planned or underway (b) Unless the Commission determines to evaluate the performance of such operanons area un.ess it has thed an apphcation mth the Commission and with respect to the site desenbed in the as obtatted constructon authonzauen applicauon that it is not necessary. site waste forma and pacuarng.
(b) ne Director shall cause to be as provided as part.Fadure to charactenzanon shai! include a program comply mth tbs recuirement snau be of m situ exploration and testng at the published in the Federal Register a grouncs for derual of a ileense.
depths that wastes would be emplaced.
notice that the mformation sub=stted (c) As provtded m i 31.40 of this under paragrapa (al of 21s section has I saa conv%n.cacona.
chapter. DCE is also aqu2nd to conduct been received and dat a staff nnew of Except where otherwise soec: Sed. all a pregram of site charac enzadon.
that mformanon has begun. ne nonce
'"CI"Ei"I
- shad identify de site selected for site respect m a, situ testmg at depth. with charactenzanon and alternate anas commumcanons and reports concemmg the ngu!anons in tbs part and nernanu sites.
bema considered by DCE and seau appiicatens filed under mem should be I so.t1 site enaractenzseen reeert.
advise that consultauon cisy be sodressee to the Director of Nuclear Matenal Safety and Safeguarcs. U.S.
(al As early as possible after requested by State and :ocal Nuclear Regulatory Cornmission-com=encement of plancmg for a goumments and inbal organ:zaces m, Wa sh.ngton. D.C. 3555.
parneu!ar geolcete repository opersuona accordance mth Suopart C of bis part.
Commumcaticas. reports, and area. and pner t'o site cnaractenzanon.
(ci ne Dime the DCE shall subcut to the Director a a copy of the aa, tor snail make avadab!e n inmmacon at the applicaco:s may be derivered in person Site Charactenzanon Report. He report Public Document Room, ne Director at de Co==ission's of"cas at 171? H Street NW. Washngton. D.C or 715 shall mc!ude * (1) a desenpcon of the also shall transmit cop:es and be, site to be charactenzed:(2) the entena pubb.sned nonce of receipt tnerect to the Eastem Asenue. Silver Spnc8-used to arnve at the candidate area:(3)
Covemor and Iepslature of de State Maryland-the method by which de site was and to the c:uef exscunve of de I so.s tmerpretsoone, selected for site charactenzanon:(4)
=umcpelity in whica a site to be Except as spect!!cally authonzed by idennScaton and location of alternative charactenred is located (or tf it is not
.e Comm:ssten. in wnnng. no media and sites at wruca DCE Intends located mtha a mumcipality. then to mter;retanon of the mesmeg of the to conduct site charactenzauen and for the chief execuuve of de county, or to regulations in tNs part by any officer or which DCE anecpates subcuttng the Tnbal orgamzacon if it :s to be employee of de Commission other than subsequent Site Charactenzacon located withm an Incian reservatron) a wntten interpretation by the General Reports:(5) a desenpuen of the decision and to the Govemors of any cocagvous recess by which &e site was selected States.
Counsel mil be considered binding upon [or charactenzation. incfuding the(d) The Director shall prepare a craft the Commission.
I means used to obtain public. !ndian site charactenzacon analysis wnsen 1 so.s teemonone, tnbal and State views dunng se!eccon:
shall d2scuss the items eted :n ne Commission may. upon (6) a desenption of the site paragtspa (a) of $1s sector. The applicahon by DCE. any interested charactenzation program ac!udmg (i)
Director shall publisa a not.ce of
- erson. or u;on its own initiative. grant the extent of;!anced excavacon and avadabdity of de draft sita such exempoons from the requirements placs for m situ tesung. (ill a conceptual charactenzabon anatysis and a request of 2e regulations in this part as it design of a repesttery apprepnate to the for cornment in the Federal Register.
determines are authonzed by law. will named site in sutlicent data 1 to a!Jow Copies snail be made availaoze at be not endac;er Lfe or property or the assessment of me site charactenzation Public Document Room. ne Director cornmor. defense and secunty and att prog am mth respect to mvesagation shall also transnut copies to the othermse m the public mterest.
Covemor and lepslatun of de State e n me enem m.m..aiorme a: cme is and the chief execunve of de I sa.7 ucense not regurve toe certam
-rmmmse.na.rumemes mumcipality in wnich a site to be N.S$eI*I'"dNe7 N%Q charactenzed is located for if it is not ne requirement for a license set forth
.accoroes ir. cces s... ca.rwenw located mthm a mumc:pality. then to in 160.3(a) of tNs part is act applicacie sepon ny miem,c..
the chies execuuve of the county, or to P00R ORIGINM.
m g
--,., ~ -
13982 Federal Register / Vol. 46. No. 37 / Wednesday. February :5.1981/ Rules and Regulations the Tribal organization if it is to be which depend upon the results of site considered ir the application and. as located withm an Indian reservation) charactenzation will be established.
appropnate. explananons of why such and to the Governors of any contiguous Dunng this ume.NRC staff sha!! be work differed from the desenpticn of the g States.
permtted to visit and inspect the site site charactenration program desenbed (e) A reasonable penod. not less than and observe excavanons. bonnes. and in the Site Charactenzauon Report for 90 days shall be a!! owed for comment in situ tests as they are done.
each site, on the draft site charactenzauon (h) The Dinctor may comment at any (c)The Safety Analysis Report shall analysis. De Director shau then prepare time in writing to DOE. expressing include:
a final site charactenzation analysis current views on any aspect of site (1) A desenption and analysis of the which shall take into account comments charactentation. Coc:ments received site at which the proposed geolope received and any additionalinformation from States in accordance with I so.et v sitory operations ares is to be acquired dunng the comment penod.
shall be considered by the Director in located with appropnate attention to Included in the final site formulating his views. AD those featune that might affect fac!!ty charactenzation analysis shall be either correspondence between DOE and the design and performance. The an opinion b. the Director that hs has NCR :ncluding the reports cited in assessment shall contam an analysis of no objecuan is the DOE's site paragraph (g) shall be placed in the the geology, geophysics. hydrology, charactenzanon program. if such an Public Document Room.
geochenustry, and meteorology of the opiniort is apprepnate. or specific (i) The activities desenbed in site and the maior design structures.
objections of the Director to DOE's paragraphs (a) through (h) above systems. and components. both surface proceeding with charactenzation of the consutute Informal conference between and sub. surface. that bear significantly named site. In addleon. the Director a prospecuve applicant and the staff. as on the suitablity of the geolope may make specfic recommendations to desenbed in i 2.101(a)(1) of this chapter. repository for disposal of radioactive DOE on the matters pertinent to this and are not part of a proceeding under waste. It will be assumed that section. A copy of the f!nal site the Atomic Energy Act of1954. as operations at the geolope repository charactenzation analysis and the amended.
operations area will be carned out at the maximum capactty and rate of Director's opinion will be transmitted to Uceo88 Applicadoas receipt of radioactive wasta stated in DOL dyp[ca (f) Neither issuance of a final site I so.21 consent et appucatson
,s t a and discussion of de charactenzation analysis nor the (a) An application shau ccasist of desigm both surface and subsurface. of opinion by the Director shall consatute generalinformation and a Safety the geologic repository operacons area a com=ut=ent to issue any authonzation Analysis Report. An environmental including:(i) the pnnc: pal design cntena or license or in any way affect the report shall be prepared in accordance and their relationship to any general authenty of the Cercmission, the Atomic with Part 51 of this chapter and chall performance objecuves promulgated by Safety and ucensing Appeal Board.
accompany the applicanon. AnY tl e Commissiom (ii) the desip bans Atomic Safety and Ucensms Boards.
Restneted Data or Nanonal Secunt7 and the relanon of the des;gn bases to other presiding officers. or the Director.
Information shall be separated from the pnncipal design entena. (iii) in any proceeding under Subpart G of unclassified information.
informatien relanye to matenals of Part 2 of this chapter. If DOE prepares (b) The generalinformation shall construction (including geolope media, an Environmental!mpact Statement include:
general arrangement. and approximate with respect to site charactenzacon (1) A general desenption of the dimensions l, and (iv) codes and activities proposed for a particular site.
proposed geologic repository idenufytng standards that DOE proposes to apply to it should consider NRC's site the location of the geologic repositor 7 the design and construcuan of the charactenzation analyses before operations area, the general character of geolcgic repository operations area.
publishing its final Environmental the proposed acuvities, and the basis for (3) A desenpuon and analysis of the Impact Statement with respect to site t:2e exercise of licensing authonty by the design and performance requirements charactenration activ ties proposed for Commission.
for structures, systems. and components that particular site.
(2) Proposed schedules for of 8e geologic repository which are (g) Dunns site charactenzation. DOE construction, receipt of waste. and important to safety. The analysis and shad inform the Director by semiannual emplacement of wastes at the proposed evaluation shall consider (i) the margina report and by other reports on any topic geolope repository operations area.
of safety under normal conditions and related to site charactenzation if (3) A cerufication that DOE will under conditions that may result from requested by the Director, of the provide at the geolope repository anticipated operational occurrences, progress of the site charactenzation and operanons area such safeguards as it including those of natural onpn:(ii) the waste form and packapng research and requires at comparable surface factilties drquacy of structures. systems, and development.The semiannuaireports (of DCE) to promote the comcson cou.ponents provided for the prevennon should me!ude the results of site defense and secunty.
of accJents and mitigauen of the charactenzacon studies. the (4) A desenprion of the physical consequences of accdents. including idenufication of new isnues, plans for secunty plan for protecdon against those caused by natural phenomena:
additional studies to resolve new issues. radiolopcal sabotage. Since the and (!!!) the effectiveness of engmeered elimmanen of planned studies no longer radianon hazards associated with hig%
and natural barners, including barners necessary. identtftcation of decsion level wastes make them inherently that may not be themselves a part of the points reached and modification to unattracuve as a target for theft or geologic repository operations area.
schedules wets apprepnate. Also diversion. no detailed informatten need against the release at radioactive reported should be the DOE's progrese be submitted on protection agamst theft mater al to the environment.
jn developmg the design of a geolorc or diversion.
(4) A descnptfort of the quality repository operations area appropnete (5) A description of site assurance program to be applied to the for the site bems charactenzed. noting charactenzation woria actually design. fat,ncation. inspeenon.
PDDsRettoM1NA1 when key design parameters or features conducted by DOE at all sites e
hderal Register / Vol. 46. No. 37 I Wednesday. February 25. 1981 / Rules and Regulations 13983 the structures. sy-tems. and components authonty and assignments of to the apphcation or environmental of the geologic repositcry operations-responsibilities. wnether in the form of report are made. An updated copy shall area important to safety.'
regulations. admmistrative direcuves, be produced at any prblic hearing on (3) A desenption of the kmd. amount.
contract provisions. or otherwise.
the application for use by any part:es to and spec:fications of the radioacnve (ii) The quality assurance program to the proceedmg.
ynatenal proposed to be received and be used to ensure safety.
(e) ne DOE sha!! certify that the possessed at the geologic repository (111)!denefication of key positions updated copies of the application and cperauons area.
which are assigned responsibility for environmental report, as referred to in (6) An identification and justification safety at and operanen of the geolopc paragraphs (c) and (d). contain the for the selecuon of those vanables, repository opersoons area.
current contents of such documents condinons. or other items which are tiv) Personnel qualifications and submitted in arcordance with the determmed to be probable subjects of tramtes requirements.
requirements of this part.
Ilcense specticanons. Special attention (v) Pfans for startup actinties and shall be given to those items that may startup tesung.
sigmficantly :nfluence the final design.
(n) P!ans for condu:t of normd,
In its application. environmental
(?) A desenpuon of the program for acuvmes including mamtenance, report. or Site Charactenzanon Report.
control and monitorms of radioacave surveillance. and penodic tesung of the DCE may mcorporate by reference effluents and occupanonal radiauon structures. systems, and components of information contamed in previous exposures to mamtam such effluents the geolepc repository operations area.
applicanons, statements. or reports filed and exposures in accordance with he (v il P'ans for decommissiorung.
with the Commission: PROVIDED. that requ2rements of Part :D of this chapter.
(vtil) P!ans for any uses of the geologic such references ars clear and specfic (g) A desenption of the controls that tvpository operatiers area for purposes and that copies of the irlformanen so the applicant will apply to restnct other than disposal of radioacuve incorporated are avadable m the public access and to regulate land use at the wastes. with an analysis of the effects. If document room located near the site of geologic repository operanons area and any, that such uses rnay have upon the the proposed geologic repository, adjacent areas.
operanon of the structures, systems and p%
- 19) Plans for copmg with tv logical c:mponents important ta safety.
,,,,on,,,,,,,,g,,,,
emergences at any tune pnr4 to I es.23 Pmng and distreveen et (a) ne applicar on and environmental compf etion of decomm2sstorung the appacason.
geologe repository operacons area.
report shall be as complete as pcssible (10) A desenption of the nuclear (a) An application for a license to in the light ofinformanon that is matenal control and accouaun8 receive and possess source. specal reasonably available at the time of nuclear. or byproduct =atenal in a docketing.
pmgram.
(11) A desenption of design geolope repository at a site which has (b) ne DOE shall update its considerations that are intended to been charactenzed. and an application in a tunely manner so as to faci!! tate decommassiorung of the accompanytm environmental report.
permit the Commission to review. pnor facuuy.
and any amendments thereto. shall be to issuance of a license:
(12) A desenption of plans for filed in tnplicate with the Director and (1) Additienalgeolopc. geophysical.
retneval and attemate storage of the shall be signed by the Secretary of gechermcal. hydrolope. meteorolope radioscuve wastes should the geoloste Energy or his authonzed representative, and other data obtained durms repository preve to be unsuitable for (b) Each portion of such app'ication construction.
disposal of radisacuve wastes, and enytronmental report and any
(:) Conformance of construction of (13) An ident,ficauen of the natural amendments shall be accompanied by structures. systems. and ccmponents resources at the site. the exploitanon of 30 additional copies. Another 10 copies with the design.
which cculd affect the abihty of the site shall be retamed by DCE for (3) Results of research programs t
to isolate radioacnve wastes.
distnbution in accordance with wntten carned out to confirm the adequacy of l
(14) An idenufication of those Instructions from the Director or the designs.
structures. systems, and components of Director's desipee.
(4) Otherinformation bearing on the I
the geologic repository, both surface and (c) DOE shau. upon notification of the Commission's issuance of a IIcense that subsurface, which require research and appoint =ent of an Atomic Safety and was not available at the time a development to confiter the adequacy of I.icensir.g Board. update the application construction authonzanon was issued.
design. For systems. strxtures. and and envtron= ental report. elimmating (c) ne DOE shall update its all superseded information. and serve environmental report in a timely manner comoonents important to safety. the them as directed by the Board. In so as to permit the Commission to DOE shall provide a detailed desenption addition. at that time DCE shall serve review. pnor to issuance of a license.
of the programs designed to resolve safety questions. including a schedule one such copy on the Atomic Safety and the environmentalimpacts of any mdicanng when these questions will be licenses Appeal Panel Any subsequent substantial changes in the activines resolved.
amendments to the application or proposed to be carned out or any environmental report shall be served in sigmficant new informanon regarding (15) ne foi owing information the same manner, the envsronmentalimpacts of acuvines conceming e.uvmes at the geolope (d) At the ome of filing of an peously pmpond.
repository oc tratons area:
(i) The orga szauonal structure of applicanon and envitcamental report.
Construction Authorization and any amendments thereto, one copy DOE. offatte.nd onsite. lac!uding a shall be made available in ass IsaJ1 Construction aumonaseen.
desenpuon of any deleganone of appropnate location near the site of the Upon review and consideration of an proposed geolope repository (wfuch applicanon and envitortmental report osNe$Ne* NN.*c snall be a public document room,if one suonutted under this part. the en a se er%,we u.. o.cy erine nary newince has been estabbshed) for inspection by Commission =ay authonze construenon presrs=
the public and updated as amendments ifit determines:
P90R ORIGINAL.
l
13984 Federal Ree;.ef / Vol 46. No. 37 / Wednesday. February :5. :981/ Rules and Regulations y
la) So/ety. not there msunach I 6o.32 conemons of constructson Commission mil be guided by the assurance that the types d amounts er avtnonsaaien considerations which govern the radioacuve materials dest..>d m ee tal A construction authonsation shall issuance of the imtial construction application can be received. posswed.
icc!de such conditions as the authonzation, to the extent applicable.
\\ and disposed ofin a repositor; a al<.
Cornmission finds to be necessary to Uceau Issuance and Amendment design proposed without u
- manbl, protect the health and safety of the risk to the health and safety oi a public the common defanse and I so.41 Standeres for toeuance of a public. In arnvtag at this determination, ucunty or environmentr.1 values.
acense.
the Commission shall consider whether:
(b) ne Cornmission will mcorporate A license to receive and possess in the construction authontation (1) ne DOE has descnbed the source. special nuclear. or byproduct provisions requirms the DOE to furnish matenal at a geologic reposito proposed geologic repository including penodic or special reports regarding-(1) operations area may be issued y the but not limited to (i) the geologic, prognse of constriction. (2) any site Commission upon finding thac geophysical geochemical and data obtained dunes construction which (a) Construccon of the geologte hydrologic charactensnes of the site:(11) are not withm the predicted limits upon repository operations atos has been the kinds and quantibes of radioecove which the faclity c'esign was based. (3) substantially templeted in conformity waste to be received. possessed. stored, any deficencies in desigo end mth the applicauon as amended, the and disposed ofin the geologic construction which. if uncorrected. could provisions of the Atomic Enerly Act.
repositoryt (iii) the pancipal adversely affect safety at any future and the rules and regulauens of the architectural and engmeenne enteria for time, and (4) results of research and Commission. Construction may be the design of the geolope repository development, programs being conducted deemed to be substantiaUy complete for ope *ations ana:(iv) construction to resolve sa.'ty questions.
the purposes of this paragraph tf the procedures which may affect the (c) ne constniction authonzauon wtll construction of(1) surface and capability of the geologic repository to include restricnons on subsequent interconnecting structures. systems. and serve its intended function: and (v) changes to the featune of the components. and (2) any underground features or components incorporated in respositcry and the procedures storage space requ2 red for initial auth rtzed. Dese restnctions will fall the des 36n for the protection of the opersnon are substantiaUy complete.
int three catesones of descending (b) ne activities to be conducted at health and safety of the public.
Importance to public health and safety the geologic repository operadons area
( ) ne site and design coroply with as follows:(1) those features and mH be in confortruty with the the entena contamed m Subparts E and procedures wtuch may not be changed application as amenced. the provisions i
F of this part.
without (l) 60 days prior notice to the of the Atornie Energy Act and the (3) ne DOE's quality assurance Commission. (ll) 30 days notice of Energy Reorgamzanon Act, and the program complies mth the requirements opportunity for a pnor heenng. and (111) rules and regulations of the Commission.
of Subpart C of this part.
pner Commission approvah (2) those (c) ne issuance of the 11 cense will not (4) De DOE's personnel training feetures and procedures which may not be immical to the common defense and program complies with the catena he changed mthout (1) 60 days pnor secunty and will not constitute an contained in Subpart H of this part.
nottee to the Commission. and (ill pnor unreasonable risk to the health and (5) ne DOE's emergency plan Coctnussion approvah and (3) those safety of the public. A DOE cernficanon complies with.. critens contamed in features and procedures which may not that it ml! provide at the geologic Subpart I of this part.
be changed mthout 60 days prior notice repositorv operations area such to the Commission. Features and safeguards as it requstes at comparable (el no DOE's proposed opersung procedures falling in paragraph (t)(3) of DOE facf.ities to promote the common procedures to protect health and to this section may not be changed without defense r.nd secunty, will constitute a minimize danger to life or property are pnor Commis nous approvalif the rebuttable presumption of non-adequate.
Commission. after havmg neeived the ininucality to the common defense and (b) Common defense andsecurity, requ1 red notice. so orders.
secuttty.
I not there is reasonable assurance that (d) A construction authorization shall (d) All app!! cable requinments of Part I
the activities proposed in the application be subject to the !!mitation that a license 51 have been satisfied.
will not be inimical to the conuson to receive and possess source, special defense and security. A DOE nuc! ear. or byproduct matenal at the y
g certification that it ws!! provide at the geologic repository operations ans shall (a) A !! cense issued pursuant to this geologic reoository operations ares such not be issued by the Commission until part shalllaciude such conditions.
safeguards as it requires at comparable (1) the DOE has updated its application including license specfications. as the DCE surface facilities to promote the se specfled in 10044. and (2) the Commission finds to be necessary to common defense and security will Ccmnussion has made the findings protect the health and safety of the constitute a rebuttable presumption of stated in i 80.4L public. the common defense and aonimmicality to the common defense secunty and environmental values.
I sa.23 Amenenent of construction (b) Whether stated therein or not, the and secunty.
avinoceresen.
following shall be deemed conditions in (c) Enrhonmental. That, after (a) An appucation for amendment of a every license issued:
weighing the environmental economic, construcuon authonzation shall be filed (1) ne license shall be subieet to technical and other benefits against mth the Commission fully desenbmg revocation. suspension, modifica tion. or environmental costs and considersas any changes desired and following as amendment for cause as provided by the available alternettves, the action called far as applicable the format presenbod Atomic Energy Act and the for is issuance of the constructica in16021.
Commission's regulations.
authonzation, with any apprupriate (b)In determining whether en
( )De DOE shall at any time while conditions to protect environmental amendment of a construction the license is in e'fect. upon wntten values.
authonzation wsil be approved, the request of the Commission. submit P00R ORIGINAL
Federal Register / Vol 48. No. 37 / Wednesday. February 25, 1981 / Rules and Regulations 13985 wntten statementa to enable the in the app!! cation. and (iii) conduct tests $ 60.as Pertfeutu acttwtfee requiring Commission to deter:mne whether or or expenments not desenbed in the scense amenoment.
not the license should be modified.
applicariam without pnor Commission (a) Unless expressly authorized in the suspended or revoked.
approval provided the change, test. or license. an amendment of the license (3)The license shall be subject to the expenment involves neither a change in shall be recuired with respect to any of gprovisions of the Atomic Energy Act the license conditions incorporated in the followmg activities:
now or hereafterin effect and to all the license nor an unreviewed safety (1) Any acuan which would make rules, regulations. and orders of the question.
emplaced high-level radioactive waste Commission. De terms and conditions (2) A proposed change, test. or irretnevable or which would of the license shall be subject to expenment shall be deemed to involve substantf ally increase the difficulty of amendment. revision. or modification.
an unreviewed safety question if (1) the retneymg such emplaced waste.
by reason of amer.dments to or by likelihood of occurrence or the (2) Dismantling of structures.
reason of rules. :egulations. and orders consequences of an accident or (3) Removal or reduction of controls issued in accordance with the terms of malfunction of equipment important to applied to restnct access to or to avoid the Atomic Energy Act.
safety previously evaluated in the disturbance of the geologic repository (c) Each license shall be deemed to applicanon is increased. (ii) the operations area or adjacent areas.
contain the provisions se' lorth in possibility of an accident or malfunction (4) Destruenon or disposal of records Section 183 b-d. melusive. of the Atomic of a different type than any previously required to be maintained under the Energy Act, whether or not these evaluated in the application is created-provisions of this part.
provisions are expressly set forth in the or(iii) the marg:n of safety as defined in
,icense.
the basis for any license condition is (5) Any substandal change to the istas ucensespecencanone, reduced.
design or operating procedures from that specified in the license.
(a) A IIcense issued under this part (b) ne DOE shah maintain ncords of shall include license conditions derived changes in the geologic npository (6) Decommissioning.
from the analyses and evaluations operations ares and of changes m (b) An applica' ion for such an inc!uded in the applicanon. including pr cedures made pursuant to this amendment shall be filed, and shall be reviewed. in accordance with the amendments made before a license is secdon. to de extent that such changu prowsions of I 60.43.
Issued. together with such additional consdtute chariges in de gelegt conditions as the Commission finds MpMit ry peradons ana a pmceduns DecMang as desenbed in the application. Records approbriam (b) eense conditions shallInclude of tests and experiments carned out Isast ucense amdme decommasseon, items in the following categens:
h$also r[
(al ne DOE shall submit an e ai amed.
e re (1) Restrictions as to the physical and chemical for:n and radioisotopic content shallinclude a written safety evaluation application to amend the IIcense pnor to which provides the basis for the decommissioning. The application shall
(:I Restrictions as'to size, shape. and determination
- hat the change, test, or consist of an update of the license d
I application and environmental report
,g[, fifa'cu g ng. "
w pa sa sty qu stio neDOE su under iI 60.22 and 60 :2.
(3) Restnctions as to the amount of shah prepara annually, or at such g
waste permitted per unit volume of shorter intervals as may be specified in (1) A desenption of the program for storage space considenng the physica!
6e Heense, a nport contaimag a bnef p
mamgM g he charactenstics of both the waste and the desenption of such changes, tests. and geo ogic repositary.
storage medium.
experiments. including a summary of the (2) A detailed desenption of the (4) Requirements relating to test, safety evaluation of each.De dog measures to be employed-such as land calibration, or inspecuan to assure that shall furnish the report to ",
use controls, construction of the foregambrestnctions are observed.
appropriato NRC Regional Cf5ce shown monuments, and preservation of (3) Contro to be applied to restrict in Appendix D of Pa.t 20 of this chapter records-to regulate or prevent access and to avoid disturbance to the with a copy to the Director ofInspection activities that could impair the long-term geologic repository operations area and and Enforcement. U.S. Nuclear isolanon of emplaced waste within the adjacent areas.
Regulatory Commission. Washington, geologic repository and to assure that (6) Administrative controls. which are D.C. 20535. Any repert submitted relevant information will be preserved the provisions relating to organization pursuant to this paragraph shall be for the use of future generations.
and management. procedures, made a part of the public record of the (3) C*ologic, geophysical, recordkeeping, review and audit, and licensmg proceedings.
gechemical. hycmiogic. and other site reperting necessary to assure that data ti"t are obtamed dunng the I 60.48 Amendment of Dconse*
acuvit:es at the facility are conducted in operattonal Eenod ertinent to the lon8' E
a safe manner and in conformity with (a) An application for an:endment of a term isolation of emplaced radioactive the other license speczfications.
license may be filed with the wastes.
Commission fully describing the changes (4) ne results of tests. experiments.
Iso.a4 changes, testa, and ewortments.
desired and foifowing as far as and any other analyses relatmg to (a)(1) Following authorization to applicable the Isrmat presenbed for backfill of excavated areas. shaft receive and possess source. special license applicattins.
sealing waste interaction with nuclear, or byproduct matenal at a (b) In determining whether an emplacement media. and any other geolegic repository operations area. the amendment of a license will be tests. expenments. or analyses pertinent DOE may (il make changes in the approved. the Commission will be to &e long-term isolation of emplaced geologic repository operations ares as guided by the considerations that govern wastes withm the geologic repository.
desenbed in the application. (ii) make the issuance of the initial!! cense. to the (5) Any substantial revision of plans changes m the procedures as described extent applicable, for decommissiorung.
P00R ORIGINAL
13986 Federal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations (6) Other information beanng upon I so.s2 Ftting of proposase for state (b) Subject to the availability of funds.
decommission that was not avadable at partrepanoa-the Director shall approve all or any the time a license was issued.
(a) Consultation under 160.61 may part of a proposal. as it may be modified (b) The DOE shall update its include. among other things, a review of through the meet 2s desenbed above. if
\\ environmental report in a timely manner applicable NRC regulations. licensms it is determined that:
so as to permit the Commission to procedures. potennel schedules, and the (1) The proposed activities are review, pnor to issuance of an
,fype and scope of State activities in the suitable in light of the type and amendment. substantial changes in the icense review permitted by law. !n decommissioning activities proposed to addition. staff shall be made available magmtude of impacts which the State may bear, and be carned out or significant new to cooperate with the State in information regarding the env tonment developing proposals for participation pmpo ac he )w impacts of such decommissioning.
by the State.
(b) States potentially affected by and the State. (ii) will contnbute I so.52 Terminadon of neenes.
siting of a geologic repository operations productively to the Iscense review. and f a) Following decommissioning. the area at a site that has been selected for (iii) are authenzed by law.
DOE may apply for an sr=end=ent to characten: anon may submit to the (cl The decision of the Director shall termmate the license.
Director a proposal for State be transmitted in wnting to the (b) Such application shall be filed and participation in the review of the Site Covernor of the ongmatmg State. A will be reviewed. In accordance with the Characterization Report and/or license copy of the decision shall be made provisions of 160.45 and this section.
application. A State's proposal to available at the Public Document Room.
(c) A license shall be terminated only particpate may be submitted at any If all or any part of a proposalis when the Commission finds with respect time pner to docketing of an application rejected. the decision shaU state the to the geologic repository:
r up to 1:0 days thereafter.
reason fer the rejection.
(1) That the final dispostuon of (c) Proposals for participation in the (d) A copy of all proposals received radioactive wastes has been made in review shall be signed by the Governor shallbe made available at the Pub!Ic conformance with the DOE's plan. as f the State subnutring the proposal and Document Room.
dau at a mammm contain &
amended and approved as Part of the fol!awteg information:
I 60.54 Partlepanon ny indian nhee.
(2 at the final state of the geologic St e wishes par ;
in e repository operat ons area site confons I
- review specificallyidentifying thosa -
to the DCE's decommissiomns plans. as issues which it wishes to review.
2eolog:c repository operations area at a amended and approved as part of the Ucense.
(:) A descnption of material and information which the State plans to aractenzanon may:
(3) That the termination of the license subrmt to the NRC staff for (1) Request consultation. as provided is authenzed bylaw inc!uding Seenons consideranon in the review. A tentative with respect to States under i 60.81.
- 57. 62. and 81 of the Atomic Energy Act.
schedule referencing steps in the review
(:) Submit proposals for participation.
as amended-and calendar dates for planned as provided with respect to States under subcuttals should be included.
I 60.62. except that such proposals shall Subpart C-Participation by State Governments and Indian Tribes (3) A desenption including funding be signed by the chief executive (or estimates of any work that the State other specfically authonzed i 60.s1 $!te rev6ew.
proposes to perform for the Commission. representative) of the Tribal under contract. in support of the review.
orgamzation.
(al Upon publication in the Federal (4) A desenpuon of State plans to (b) The Director shall respond to such fac! tate local government and ctizen requests or proposals in the manner d
ri u
dm par *icpation-provided in this subpart. except that in accordance with I 50.11(b), and upon the request of a State. the Director shall (5? A preliminary estimate of the types decisions under 180.83 shall be make available NRC staff to consult and extent ofimpacts which the State transmitted in wnting to the chief with representanves of State. !ndian expe ts should a geologic repository be executive (or other specfically tnbal and local governments to keep
! cated at the site in question-authorized representative) of the Tribal them infermed of the Director s view on (d)If the State desires educational or organization.
in nnad a utvices (ummars, pubuc the profess of site charactenzation and to notify them of any subsequent meennss) or ther acnons on the part of (c) Any request or proposal under this meet.nas or further consultauons with MC. such as establishing add bonal
,,c. ion shall be accompanied by such
~
documentation as may be needed to the DOE.
pu cument to ms or employmnit determine the eligibility of the Indian 8'
d" (b) Requests for consultation shall be the rgo e e aP e Ac tnbe or the specific authority of its made in wnnns to the Director, these shall be included with the representatives.
(c)The Director also shall respond to propoul-wntten questions or comments from the Isaas wresem State. Indian tnbal and local I sas3 Approv siof procoease.
The Director may take into account governments as appropnate. on the (a) ne Director shall arrange for a the desirability of avoiding duplication information submitted by the DOE in meeting between the representatives of of effort in taking action on multiple accordance with i 60.11 of this part.
the State and the NRC staff to discuss proposals submitted pursuant to the Copies of such quesnons or comments any prnposal submitted under i eo.6:!b). provisions of this Subpart to the extent and their responses shall be made with a view to identifymg any this can be accomplished without i
available in the Public Docmnent Room modifications that may contnbute to the suostantial prejudice to the parties 1
and shall be transmitted to the DCL effective participetion by the State.
concerned.
I i
I P00R ORIGINAL
Federal Register / Vol. 48. No. 37 / Wednesday. Februarv 25. 1981 / Rules and Regulation
- 13987 Setipart 0-Records. Reports. Tests, Edorcement. provide rent free omce FEDERAL HOME LOAN BANK BO.\\RD and Inspections space for the exclusive use of the Ie&71 Recents and reeons, Commission mspection personnel. Heat.
12 CFR Part 570 lal The DOE shall mamtain such air conditionmg. light. elec:nca! outlets
)
1 2.et-431 records and make such reports in and janitonal services shall be furmshed
\\ connecuan with the licensed activity as by DOE. The office shall be convement Usury Preemptiont Most Favored may be required by the conditions of the to and have full access to the facility Lander license or by rules regulations, and and shall provide the inspector both orders of the Commission as authonzed visual and acoustic privacy.
Dated: February 13. t9et.
by the Atomic Energy Act and the (2) The space provided shall be acamen Federal Home Loan Bank adequate to accommodate a full time Board.
(bhecor soYt$ recet. handling.
Inspector a part time secretaty and actose Finalinterpretative rule.
and disposition of radioscuve waste at transient NRC personnel and will be a geolotpc repository operations area generally commensurate with other suuuany: ne Federal Home Loan Bank es ' ' si ac f Board adopts an interpretative ruling shall contam sufficient information to Ce(a regarding the ability ofinsured provide a complete history of the
,9
,t c t
movement of 1e waste from the shipper omce complu or in an omce trailer w insntuuons to assert *most favored through all phases of storage and other onsste space is suggested as a lender status under section 5:2 of disposal.
guide. For sites contam:ng multiple Publew Sul. his ruling formaDy endorses the "mest favored lender'*
(c) The DOE shat! promptly notify the raclities. additional space may b,e r
concept as a matter of Boarn policy.
Commission of each deficiency found in ye uested to accommodate additional time inspecmr(s).The omce space amcTtvt oaTE Apnl1.1980(et7ective the site charactenstics. and design and construction of the geologic repository that is p ded au su t to the date of Pub.L wzn).
operanons area wiuch. were it to remain
,PP James C. Stewart. Omca of Ceneral a mum we uncorrected. could (1) be a substantial Inspection and Edorcement. All safety ha:ard. (:! represent a sigmficant furn,iture. supplies and ccmmunication Counsel Federal Home Loan Bank deviation from the design entens and equipment will be furnished by the Board.1700 C Street. N.W Washmgton.
design bases stated in the application.
Commission.
D.C. :c55:. Telephone: (:c2) 377-6457.
or(3) represent a deviation from the (7) DOE shall aford any NRC resident supet.rutwTany thronuaticsc The conditions statedin the terms of a inspector assigned to that site. or other Federal Home Loan Bank Board is construction authon:stion or the NRC Inspectors idenuEed by the issuing an interpretative ruling regarding beense. including license specfications.
1 es:enal Director as likely to mspect the section 52: cf the Depository Insututions The nonfication sosu be in the form of a ftclity,immediate unfettered access.
Deregulation and Macetary Control Act.
wntten report. copies of which shall be eqivalent to access proviced regular U USC.1730s. It is the Board's view sent to the Director and to the employees, followmg proper 6t eis pain codes mst appropnate Nuc! ear Regulatory idenuficanors and compliance with favwd Imdnsta m on inswd Comnussion Inspecnon and applicable access control measures for institunons. Accordingly, an insured Enforcement Respanal Office listed in secunty. radiological protecnon and assocation would be authenzed by the Appendix D of Part 20 of this chapter.
personal safety.
law to charge interest at the lughest rate aUowed under state law for the I sa72 Twes PART 70-DOMESTIC UCENSING OF particular class ofloans.
De DOE shad perfor:n. or permit the SPECIAL NUCLEAR MATERIAL Scenen $2: amends the National Commission to perform, such rests as Housmg Act by addmg the followmg the Con: mission deems appropnate or
- 28. Section 70.14 is amended by
!anguage:
necessary for the arbittration of the adding a paragraph (c).
regulations in this part. Rese may If the applicable nte prescnbed in dia include tests of(al radioacuve waste.
I
- 8'**
secuan exceeds de rate an insured instituton would be pernutted to charge in (b) the geologic repository including its 6e abunca d du uction, such insutudos strucmres. systems. and components. (c)
(c) The DOE !s exempt from the may. notwithstanding any state consatunos radiation detection and monitonng requirements of the regulations in this or uatute 7
P' lastruments, ar;d (d) other equipment part to the extent that its activities are
,,d m
and devices used in connection with the subject to the requirements of Part 60 of and charge on any loan or discount ciada, or receipt handling, or storage of the chapter.
upon any nota. bal of exchange, or other radioactive waste.
endence of debt anterest at a rate of not Mmendments to su parts issued pursuant to more than 1 per centum in excess of the in*
atauons of authonty presently codified or. un 6scount rate on amemiay commucal (a) The DOE shall allow the the case of to CFR Part so, as set out after the papein eUect at de Fedual Reum bank in Commission to inspect the premises of se o ucsons in new Pan sol de Federal Resuve distnet where such the geologic repository operations area Cated at Washmsten. D.C this 19th day of insutuuan a located or at de rate eDowed by the laws of the State. tuntory. or c'istnet and adjacent areas to which the DOE February 19et.
whee such insuruuon is tocated. whichever has nghts of accesa.
For the U1 Nucfear Regulatory niay be gnater.
(b) ne DOE shall make avallable to Comnusson.
Virtuallyidenticallanguage wes also the Commission for inspection, upon Samumi l. Chilk.
added to the Federal Deposit Insurance reasonable notice. records kept by the 3,cretaryofrAe Commisason.
Act.12 USC.1831d. the Federal Credit DOE pertaining to acuvities under this part.
o,,,,
oun., m %
Union Act.12 USC.1785, and the Small a e,,, ww Business Investment Act,15 USC. 687.
(c)(1) The DOE sha!! upon request by the Director. Office ofInspection and ne language also parallels that used in the National Bank Act.12 USC. as. and P90RORIGlHL
Ib 13988 Federal Register / Vol. 46. No. 37 / Wednesday. February 25. 1981 / Rules and Regulations was intended by the drafters to give chartered insured institutions must submit to state most. favored lender Federally insured tenders and small comply with such procedural restnctions that are pnmanly busmess investment comparues the requirements should be deter nined by procedural or regulato.y m nature. Such advantages already envoyed by national their State supervisors.
restricuans would include licensing.
( banks. See 126 Cong. Rec. S15684 (daily Accordingly, the Board amends Part bonding. and reporting to state ed.Nov.1.1979)(remarks of Senators 570 of the Rules and Regulattons for authonnes The degree to which state.
Pryor & Bumper).
Insurance of Accounts (12 CFR Part 370) chartered nsured mstitutions must Although in the legislative history of as set forth below:
comply with such restrictions will be Section 322. the Congressional sponsors SU5 CHAPTER D FUERAL SAVINGS ANO determmed by their s; ate supervisors.
focused on the clause allowing affected 1 OAN INSURANCE CCRPCRATION (Secnon 5 of the Home Owners" Loan Act.12 lendets to charge one percent above the USC.14e4: Sections 402. 4cs. 4c' and 414 of Federal Reserve nmery. day discount PART 570-80ARD RUUNGS the National Housing Act.12 U.S.C tr:3.
rate. the law clearly authonzes tenders 17:56 and 1730t Reorg. Plan No. 3 of 194r.12 80**I O M8 88 to charge the greater of that rate or "the f [*0*8-m 4eet. 3 cm tort (1943-4a Compilationll rate aUowed by the laws of the State."
By the Federal Home t.oan Bank Board.
This latter clause is also found in the 1 570.11 West Feworod Lander Statua.
J. J. mm.
Nanenal Bank Act andJias prov ded the (al Under Section 522 of the Secrescer.
basis for giving most favoted lender Depository Institutions Deregulanon and tra o n.am ru.e s. net us..e status to national bank.1. In T!!cny v.
Monetary Control Act. insured sause caos mm-as NerionalBaeA ofMissourt. the Supreme institutions are authonzed to chatge on Court first ruled that the phrase any loan an interest rate equal to the authonzed national banks to charge the greater of one percentage point above SECURITIES AND EXCHANGE highest rate generally available under the discount rate on ninety day COMMISSION state law even though state. chartered commercal paper in the institution's banks were linuted to a lower rate. 85 Federal Reserve distnct or "the rate 17 CFR Parts 229. 230,240,250 and U.S. 409,411-12 (1873). As consirued by allowed by the laws of the State...
270 the Comptroller of the Currency. Go where such in.stitution is located" (Revenee Noe. 33-42st: 34-17547; 35-21s20t most favored lender doctnne allows whenever either of the'se rates exceeds sc-tte22: As-2s71 national banks to charge the highest rate the rate the insatution is currently available on a class ofloans when permitted.12 U.S.C1730s.~nte stated Reporting of Supplementary makmg that type of loan. See 12 CFR purpose of this provtsion is to provide Information on the Effects of 7.7310(a). Given thts interpretive histor7 insured institutions with competitive Changing Prices ofie phrase "the rate allowed by the equality with nst:onal banks. In view of laws of the State and the general this Congressional punose and the Acancy: Securities and Exchange Congressionalintent to foster more judicial construction of the phrase " rate Comm nsa.
compeution among depositor 7 allowed by the laws of the State"in the Acytose Amendment of rules and institutions. the Board finds the use of context of the National Bank Act. it is regulanons.
this phrase in Section 522 significant the opmion of the Board that Section $22 evidence that Congress mtended all allcws insured insatutions to charge sunsadARyt The CocumssiCn is adopung Federauy-insured lenders to share the interest at a rate not to exceed the amendments to its rules to require same IIexibility previously conferred greater of either one percent above the certain res:strants (except registered only on national banka.
Federal Reserve nmety-day discount investment companies) to include In the Board's view, secu,an 522 rate or the rate allowed to the most supplementary information on the authonzes insured insututions to charge favored lender on the parncular class of effects of changmg pnces, as specified most favored lender rates when making loans under state law whenever the by Statement of Financ:a1 Accounting loans that satisfy the substantive greater of either of these rates exceeds Standards (" STAS") Nos. 33. 39. 40 and requirements of the state laws which the rate the insutution is permitted to
- 41. " Financial Reporting and Changmg establish those rates. For example, an charge by state law.
Pnces" of the Financial Accounting insured institution may not enarge the (b) Insured institutions may only Standards Board. in certain filings with rates allowed under a state Small!.can charge the preferential rates reserved the Commission. It is also expanding its safe harborrule which heretofore was Company Act unless the loan meets the for most favored lenders when they are state law requirements as to loan term making the same type ofloans as the applicabla only to projections, to cover that information.These actions are an.d amount. use of proceeds, idenuty of most favored lender. Accordingly, intended to make information on the borrower. etc. Substanuve state law insured institutions could not enarge the requirements would also include maximum loan rsles permitted for small effects of changmg pnces available to provisions goverrung prepayment loan companies unless that loan met the users of financial statecients filed with the Commission.
retunds. late cnarges credit life substantive state law requirements as to gg7 gg, insurance. permissible secunty interests, loan term amount. use of proceeds, made b companies March 27.1981.
and similar consumer protecuena.
identity of borrower. etc. Coniumer Y
Since state authonty over federallv-protectons specticauy required in such FoA MTHER IMFCMATION CONTACTt chartered associations is preempted'by loans when made by the most i sred James D. Hall or Carence M. Staubs.
the Home Owners'!.oan Act. federally-lender would also be considerect Office of the Chief Accountant (202-272-chartered insured in:.ututions would not substantive and must be included in 2133). Secunties and Exchange be required to subnut to state procedural loans made by insured insutuuons Commission. 300 North Capitol Street.
restnetions such as licensmg. bonding, which desire to use most. favored.iender Washington. D.C. 20549.
and reportmg to state authonties in rates.
stlF91.EMENTaRY NPcR sATtCac The order to charge rnost favored lender (cl Federally. chartered insured Secunties and Exchange Commission rates. The degree to which state-institutions would not be required to today is adopting certam amendments PB0R BRIGINM.
-.