ML19351F097
| ML19351F097 | |
| Person / Time | |
|---|---|
| Issue date: | 12/09/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19351F095 | List: |
| References | |
| FRN-44FR70408, FRN-45FR31393, REF-10CFR9.7, RULE-PR-60, TASK-IR, TASK-SE SECY-80-474C, NUDOCS 8012290483 | |
| Download: ML19351F097 (16) | |
Text
O UNITED STATES NUCLEAR REGULATORY COMMISMON December 9, 1980 SECY-80-474C WASHINGTON, D. C. 20555 INFORMATION REPORT To:
The Commissioners From:
William J. Dircks, Executive Director for Operations c bject:
SUPPLEMENT TO SECY-80-474 - FINAL RULE - 10 CFR PART 60, " DISPOSAL a
OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES--LICENSING PROCEDURES" AND CONFORMING AMENDMENTS Purcose:
To forward to the Commission, in comparative text, the clarifying changes to the final rule, and conforming amendments discussed by the staff at the November 26, 1980, Commission meeting on the sub-ject rulemaking.
Discussion:
On November 26, 1980, the staff briefed the Commission on the final rulemaking on licensing procedures for geologic disposal of high-level radioacti"e wastes (SECY-80-474).
At that time the staff recommended to the Commission scme clarifying changes and correc-tions.
The Commission requested that the changes be submitted to them in comparative text.
The specific changes are as follows:
Page 11 - The discussion in the " Supplementary Information" of hearings at the site characterization stage has been revised to more clearly state the considerations made and position taken by the staff on this matter, in conformance with the discussion con-tained in the staff analysis of comment.
Page 19 and 20 - Section 2.101(f)(7) has been revised to note that a hearing prior to construction authorization is required because the Commission has found such a hearing to be in the public I
interest.
Pages 21 to 23 - Changes have been made to the provision dealing with prenoticing of amendments so as to avoid use of the phrase i
"significant hazards consideration." The phrase is a term of art l
in reactor licensing and could lead to confusion in this context.
i Page 34 - The definition of " disposal" in SECY-80-474, although changed in response to public comment, denoted disposal as a deter-mination by the Commission rather than as a state of the wastes.
The definition has been corrected so that disposal refers to the condition of the wastes as being isolated from the biosphere.
l SECY NOTE:
Advance ccpies of this paper, which is scheduled for discussion at an i
open m_eeting on Thursday, December 11, 1980, were distributed to Commission offices on Decemoer 9, 1980.
8012290 qg
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The Commissioners 2
1 Page 91 - The response to comment #139 has been corrected because the original language referred to prior drafts of the rule that i
were changed before submission of SECY-80-474.
Additional Changes:
Pages 38 and 39 - Minor changes are made to the contents of the site characterization report in Part 60 for clarity.
In the attached pages, comparative text is used to indicate changes made to SECY-80-474.
L' (,
c WillialtJ.Dircks Executive Director for Operations
Enclosure:
as stated DISTRIBUTION Commissioners Commission Staff Offices i
Exec Dir for Operations ACRS Secretariat l
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[7590-01]
disposal of HLW was addressed by a number of commenters.
Two commenters suggested that hearings be required prior to site characterization.
One commenter suggested that public hearings should be held in the vicinity of a proposed site prior to the approval of a Site Characterization Report, while another commenter suggested that hearings be held prior to in situ testing at depth.
It was also propcsed by another commenter that public hearings be held on DOE's research and development work on waste forms.
Finally, two other commenters believed that formal hearings should be manda-tory prior to granting construction authorization to 00E.
[The-NR6-has-cen-sicered-the possibility of-hearings prier-to-site-characterizatien-and centinues-to-maintain-its position-as-set-forth-in-the-Netice-of-Preposed Relemaking-st-44-FR-70409-that with-respect-to a geologic repository-reconnaissance-level-data afone wili not-seppert a presumptien-that-a site-is-suitabie-with respect-te safety-for a repository:--Hence--any decision en siternative-site-issues at-this early point-is-likely-to require-reexamination-at-the-const m tion-authorirstron proceedings and-therefere--would-be of questienable vaice:
However;-the-NR6-has-considered-the-advisability of public-hearings at-the-construction-authorization-stage--has-determined-that-such-hear-ings are required-in-the peblic-interest-and-has-included provisiens-for mandatory public-hearings prier-to granting censtrection-authori:stien 10-6FR-6:104):] These issues were discussed at the time the rule was proposed.
The Commission then concluded, in light of the limited informa-tion available at the site characterization stage, that formal hearings were not warranted at that point.
The commenter did not deny the relevance of the policy considerations IJentified by the Commission, but would have balanced these considerations differently.
But this is a matter of judg-ment, and the NRC adheres to its original position for the reasons then 11 Enclosure "A"
[7590-01]
offered.
Also, the NRC must decline to review 00E research and develop-ment programs formally.
NRC's statutory authority includes " licensing and related regulatory authority" as to certain DOE facilities.
NRC's jurisdiction arises when there is a " facility" to consider, i.e., when it is prooosed that a particular site be characterized.
Although it is important to follow DOE's program closely, the Commission would not be warranted in formalizing a review process with respect to that program.
In reviewing the procedures for formal proceedings in connection with licensing, the Commission has determined that hearings would be in the public interest prior to the granting of construction authorization.
An amendment (in 6 2.101(f)(7)) has the effect of mandating such hearings.
In addition, hearings will be held upon the request of any interested person prior to finally granting a license to receive and possess high-level radioactive lla Enclosure "A"
[7590-01]'
(5) The tendered document will be formally dJCketed upon receipt by the Director of Nuclear Material Safety and Safeguards of the required additional copies.
The date of docketing shall be the date when the required copies are received by the Director of Nuclear Material Safety and Safeguards. 'Within ten (10) days after docketing, the applicant shall submit to the Director of Nuclear Material Safety and Safeguards a written
~
statement that distribution of the additional copies to Federal, State, Indian Tribe, and local officials has been completed in accordance with i
\\
requirements of this chapter and written instruction:, furnished to the applicant by the Director of Nuclear Material Safety and Safeguards.
Distribution of the additional copies shall be deemed to be complete as of the time the copies are deposited in the mail or with a carrier prepaid j
for delivery to the designated addressees.
(6) Amendments to the application and envii7nmental report shall be filed and distributed and a written statement shall be furnished to the Director of Nuclear Material Safety and Safeguards in the ume manner as for the initial application and environmental report.
(7) The Director of Nuclear Material Safety and Safeguards will cause to be published in the FEDERAL REGISTER a notice of docketing which identifies the State and location at which the proposed geologic repository operations area would be located and will'give notice of docketing to the governor of that State.
The notice of docketing will state that the Commission finds that a hearing is reouired in the oublic interest, prior to issuance of a construction authorization. and will recite the matters specified in 6 2.104(a) of this part.
2.
10 CFR 2.103(a) is revised to read as follows:
$2.103 Action on applications for byproduct, source, special nuclear material, and operator licenses.
19 Enclosure "A"
[7590-01]
(a)
If the Director of Nuclear Reactor Regulation or the Director of Nuclear Material Safety and Safeguards, as appropriate, finds that an appli-cation for a byproduct, source, special nuclear material, or operator license complies with the requirements of the Act, the Energy Reorganization Act, and this chapter, he will issue a license.
If the license is for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee, or if it is to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter, the Director of Nuclear Reactor Regulation or the Director of Nuclear Material Safety and Safeguards, as appro-priate, will inform the State Indian Tribe, and local officials specified in 1
S 2.104(e) of the issuance of the license.
[3---10-6FR-2:104(a)-is amend.ed-to-read-as-feiiews-02:104--Netice of-Hearing:
s------------- s------------- s------------- s ------------ s (a)--in-the-case-of-an-application-en-which-a-hearing-is-required by-the-Act-or-this-chapter;-or-in-which-the-Eemmission-finds-that a-hear-ing-is-required-in-the peblic-interest;-the-Secretcy-wifi-issee-a-notice of-hearing-to-be pebiished-in-the-FEBERAE-RE6fSTER-as required-by-4ew at-4 east-fifteen-(153-days;-and-in-the-case-of-an-spplicatien-cencerning a-censtreetion permit-for-a-facility-of-the-type-described-in-$50:21(b) er 950:22 of-this chapter er a-testing-facility;-at-least-thirty-(303-days; prier-to-the-date-set-for-hearing-in-the-notice:2--in-addition-in-the-case "if-the notice of-hearing-eencerning an-application-for-a-constractien permit for a-facility-of-the-type-described-in-950:21(b) or-s50-22 of-this-chapter er-a-testing-facility-dees-not-specify-the-time-and place of-initiai-hearing;-
a-subsequent-notice-will-be published-in-the-FEBERAE-RE6ISTER-which-will pro-vide at-ienst-thirty-(303-days-notice-of-the-time-and place-of-that-hearing:
After-this-netice-is given-the presiding efficer-may-reschedule-the-eemmence-ment-of-the-initial-hearing-for-a-iater-date-or-reconvene-a-recessed-hearing without-again previding-thirty-(303-days-notice:
~~
20 Enclosure "A"
[7590-01]
of an spplication-for-s-construction permit-for-a-facility-of-the-type described-in-950-22 of-this-chapter--or-a-testing-fseility--the-netice (ether-than-a-notice persesnt-te parsgraph-fd)-of-this-section)-shali-be issued-as-soon-as practicable-siter-the-application-has-been-decketed:
Provided--That-if-the-Eemmission-persaant-to-92:101(a)(23--decides-te determine-the-acceptability-of-the-applicatien-en-the-basis-of-its-tech-nica4-adeqesey-ss well-as-completeness--the-notice-shali-be-issued-as seen-as practiesble-after-the-appliestion-has-been-tendered:--The-notice wiii-stater (13--The-time-pisee--and nstere-of-the-hearing-and/or prehearing conference--if-sny-(23--The-setherity-ender-whien-the-hearing-is-to-be-heid; (3)--The-matters-of-fset-and-faw-to-be-eensideredt-and (43--The-time within-which-answers-to-the-notice shah-be-fiied:]
[in-addition--any notice-of-hearing published-with-regard-to-sn applicstion-for-a-ficense-to-receive-and possess-high-levei-waste-st a geologic-repository-eperations-sres persuant-to-Part-68-of-this l
ehapter-shali provide-that-the-hearing-wiii-be-heid prier-to-issuance of-setheriestion-to constreet-such geeiogie-reposi'ory-operations-arear]
3.
10 CFR 2.104(e) is amended to read as follows:
$2.104 Notice of hearing.
(e) The Secretary will give timely notice of the hearing to all 1
parties and to other persons, if any, entitled by law to notice.
The l
l Secretary will transmit a notice of hearing on an application for a facil-ity license or for a license for receipt of waste radioactive material 20a Enclosure "A" l
[7590-01]
from other persons for the purpose of commercial disposal by the waste disposal licensee or for a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter to the Governor or other appropriate official of I
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[7590-01]
the State and to the chief executive of the municipality in which the facility is to be located or the activity is to be conducted or, if the facility is not to be located or the activity conducted within a municipal-ity, to the chief executive of the county (or to the Tribal organization, if it is to be so located or conducted within an Indian reservation).
[5]4.
10 CFR 2.105(a) is amended by adding [a] new subparagraph 1
[(33] (4) and (5), renumbering existing subparagraph [(33-and] (4) as
[(43-and-(53-] (6), amending the subparagraph renumbered as [(43] (6) and adding an undesignated final paragraph to read as follows:
$2.105 Notice of proposed action.
(a)
If a hearing is not required by the Act or this chapter, and if the Commission has not found that a hearing is in the public interest, it will, prior to acting thereon, cause to be published in the FEDERAL REGISTER a notice of proposed action with respect to an application for:
A A
A A
A
[(33] (4) A license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter; (5) An amendment to a license specified in paragraph (a)(4) of this section, or an amendment to a construction authorization granted in proceed-ings on an application for such a license, when such amendment would authorize actions which may significantly affect the health and safety of the oublic; 0_E 21 Enclosure "A"
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[(43-An-amendment of-a-ficense-specified-in paragraph-fa)(13--(23-er-(33-of-this-sectien-and-which-involves a-significant-hazards considers-tion--er]
[(53] (6) Any other license or amendment as to which the Commission determines that an opportunity for a public hearing should be afforded.
In the case of an application for an operating license for a facil-ity of a type described in 950.21(b) or 650.22 of this chapter or a testing facility, a notice of opportunity for hearing shall be issued as soon as practicable after the application has been docketed.
In the case of an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area, a notice of opportunity for hearing, as required by this paragraph, shall be published prior to Commission action authorizing [censtreetion-and-aise prier-te] receipt of such wastesi [st-the-repository--this change-is-in addition-to-changes preposed-in-the prier-netice] this reouirement is in addition to the procedures set out in S 2.101(f)(7) and 6 2.104 of this part, which provide for a hearing on the application orior to issuance of a construction authorization.
(
[6]L 10 CFR 2.105(e) is amended by replacing the words "will issue the l
l license" with the words "may take the proposed action" following the phrase l
l
...or Director of Nuclear Material Safety and Safeguards, as appropriate,"
and by adding the words "or other action" following the phrase "... published
(
in the FEDERAL REGISTER a notice of issuance of the license."
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[7]8.
10 CFR 2.106 is amended by adding a subsection (c) to read as follows:
92.106 Notice of issuance.
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22 Enclosure "A" L
[7590-01]
(c) The Director of Nuclear Material Safety and Safeguards will also cause to be published in the FEDERAL REGISTER notice of, and will inform the State [and] local, and Tribal officials specified in 92.104(e) 2 of[-] any action with respect to an application for a license to receive and possess high-level radioactive waste at a geologic repository opera-tions area pursuant to Part 60 of this chapter, or for the amendment of such license, for which a notice of proposed action has been previously published.
PART 19 - NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS; INSPECTIONS 919.2 Scope.
[7:]9.
10 CFR 19.2 is amended by adding "60," following "35,-40,".
$19.3 Definitions.
[8:]10.
10 CFR 19.3(d) is amended by adding "60," following "35, 40,".
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION l
l 920.2 Scope.
[9:]11.
10 CFR 20.2 is amended by adding "60," following "35, 40,".
920.3 Definitions.
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[10:]12.
10 CFR 20.3(a)(9) is amended by adding "60," following l
i "30, 40,".
l 920.301 General Requirement.
[11:]13.
10 CFR 20.301(a) is amended by adding "60," following i
"30, 40,".
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[7590-01]
[(c3](d) " Decommissioning", or " permanent closure" means final back-filling of subsurface facilities, sealing of shafts, and decontamination and dismantlement of sbrface facilities.
(e) " Disposal" means [that-the-Eemmission-has-determined-that-the empiseed-wastes-are--and-wili-contince-to-be-isefated-from-the-biosphere and-there-is-no-need-to-retrieve-them-for-the protection-of-the public hesith-and-safety] the isolation of radioactive wastes from the biosphere.
(f) " Director" means the Director of the U.S. Nuclear Regulatory Commission's Office of Nuclear Material Safety and Safeguards.
(g) " Geologic repository" means a system which is intended to be used for, or may be used for, the disposal of radioactive wastes in exca-vated geologic formations.
A geologic repository includes (1) the geologic repository operations area and (2) all surface and subsurface areas where natural events or activities of man may change the extent to which radio-active wastes are effectively isolated from the biosphere.
(h) " Geologic repository operations area" means an HLW facility that is part of a geologic repository, including both surface and subsurface areas, where waste handling activities are conducted.
(i) "High-level radioactive waste" or "HLW" means (1) irradiated reactor fuel, (2) liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for repro-cessing irradiated reactor fuel, and (3) solids into which such liquid wastes have been converted.
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Enclosure "A"
[7590-01]
Subpart B - Licenses Preapplication Review
$60.11 Site characterization report.
(a) As early as possible after commencement of planning for a par-ticular geologic repository operations area, and prior to site character-ization, the DOE shall submit to the Director a site characterization report.
The report shall include (1) a description of the site to be characterized; (2) the criteria used to arrive at the candidate area [s];
(3) the method by which the site was selected for site characterization; (4) identification and location of alternative media and sites at which the 00E intends to conduct site characterization and for which the DOE anticipates submitting subsequent site characterization reports; (5) a description of the decision process by which the site was selected for characterization, including the means used to obtain public, Indian tribal and State views during selection; (6) a description of the site cnaracterization program including (i) the extent of [any] planned excavation [- any] and plans for in situ testing, (ii) a conceptual design of a repository appropriate to the named site in sufficient detail to allow assessment of the site characterization program with respect to investigation activities which address the ability of the site to host a 38 Enclosure "A"'
[7590-01]
1 repository and isolate radioactive waste, or which may affect such ability, and (iii) provisions to centrol any adverse, safety-related effects from site characterization including appropriate quality assurance programs; (7) a description of the quality assurance program to be applied to data collection; and (8) any issues related to the site selection, alternative candidate areas or sites, or design of the geologic repository operations area which the DOE wishes the NRC staff to review.
Also included shall be a description of the research and development activities being con-ducted by the DOE which deal with the waste form [s] and packaging which may be considered appropriate for the si+.e[s] to be characterized, including research planned or underway to evaluate the performance of such waste forms and packaging.
(b) The Director shall cause to be published in the FEDERAL REGISTER a notice that the information submitted under paragraph (a) of this sec-tion has been received and that a staff review of that information has l
begun.
The notice shall identify the site selected for site characteri-i zation and alternate areas considered by the DOE and shall advise that consultation may be requested by State and local governments and Tribal i
organizations in accordance with Subpart C of this part.
(c) The Director shall make available a copy of the above informa-tion at the Public Document Room.
The Director also shall transmit l
i l
copies and the published notice of receipt thereof to the Governor and l
l legislature of the State and to the chief executive of the municipality in which a site to be characterized is located (or if it is not located within a municipality, then to the chief executive of the county, or to j
the Tribal organization if it is to be located within an Indian reserva-tion) and to the Governors of any contiguous States.
39 Enclosure "A"
with the suggestion.
The detail required in the reports would be specified in such condition.
Comment No. 139:
Shaw, Pittman, Potts and Trowbridge (14) 6660.33(b) and 60.45(b):
These provisions, dealing with amendments to construc-tion authorizations and licenses, should incorporate the "significant hazards" language for pre-noticing now found in the analogous Part 50 provisions, S50.91.
Staff Response to Comment No. 139:
[The suggested-limitation-was-aiready-applicable-to-ficense-amendments-in-view of-the preposed-amendment-to parsgraph-2:195fa):--ft-wss-ciearly-intended-that the pre-noticing-shecid aise-apply-to-signifiesnt-amendments-to-censtruction authorizatiens even-though-such-authorizations-are-not-ficenses:--The-NRE believes-that-inserting-the-concept-directly-into-10-EFR-Part-50 wili-express its-intention-more-eleariy-and-therefere-the proposed-changes-have-been-mader]
Pre-noticing reouirements are appropriately described in the Rules of Practice and need not be restated in Part 60.
In response to the comment, however, the text of 6 2.105 has been revised to indicate that certain amendments to con-struction authorizations, as well as amendments to licenses, would be pre-noticed.
The applicable language refers to " actions which may significantly affect the health and safety of the public" instead of "significant hazards considerations" l
so as to avoid any implication that the statutory provisions of Section 189 of the Atomic Energy Act would apply.
Comment No. 140:
Sierra Club (9) l Similarly, the standards for issuance of a license under Section 60.41 are entirely too weak.
Among other things, the test in subsection (c) should be strengthened substantially.
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l 91 Enclosure "B"
Staff Response to Comment No. 140:
The technical criteria that will be used in applying the standard will be the subject of rulemaking, and the commenter will have an opportunity to evaluate the appropriateness of such criteria at that time.
The standard itself, however, is based on the statutory provisions, set out in detail in the notice (44 FR 70415), that guide the Commission in the exercise of its powers.
Comment No. 141:
Environmental Protection Agency (26)
We found that the requirements for the applicant's design criteria were somewhat confusing.
In the Preapplication Review Section, Part 60.11(a), the requirements include the criteria used by the U. S. Department of Energy (DOE) to arrive at 1
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i 915 Enclosure "B"