Introduction
The Secretary of Energy formally recommended
the Yucca Mountain site to the President for
the development of a nuclear waste
repository on February 14, 2002, and on
February 15 the President notified Congress
that he considers Yucca Mountain qualified
for construction permit application.
Nevada Governor Kenny Guinn submitted a
notice of disapproval (veto) to Congress on
April 9, 2002. On May 8 the House of
Representatives voted 306-117 to override
Governor Guinn's veto, and the Senate voted
60-39 to override the veto on July 9, 2002.
The U. S. Department of Energy may now
submit a license application to the U. S.
Nuclear Regulatory Commission.
Licensing Support Network
for Documents
Relating to the Yucca Mountain Licensing
Proceeding Conducted by the U. S. Nuclear
Regulatory Commission
The Nuclear Regulatory Commission (NRC)
review process for the Department of Energy
(DOE) license application on the proposed
Yucca Mountain repository includes the
opportunity for adjudicatory hearings
conducted by the NRC. The Licensing Support
Network (LSN) is an electronic system that
can be accessed through the Internet by
anyone.
The LSN contains all of the documents that
may be used as evidence in the NRC licensing
proceeding and meets the NRC's document
"discovery" requirements associated with the
Yucca Mountain repository hearings spelled
out in
Title 10 of the Code of Federal Regulations,
Part 2, Subpart J. It is the single
place where the parties and potential
parties to the licensing hearing can search
for materials from any or all of those
parties' documentary collections in a
uniform way.
Public availability of the LSN was a key
feature of a 1988 negotiated rulemaking that
established the system. The parties and
potential parties to the hearing must make
their documents that may be used as evidence
in the NRC licensing proceeding available
via the LSN. Non-parties or non-potential
parties may not enter documents.
Log on to the LSN Internet web site at
www.lsnnet.gov.
The Atomic Safety and
Licensing Board Panel
Through the Atomic Energy Act, Congress made
it possible for the public to get a full and
fair hearing on civilian nuclear matters.
Individuals who are directly affected by any
licensing action involving a facility
producing or utilizing nuclear materials may
participate in a hearing before independent
judges of the
Atomic Safety and Licensing Board Panel
(ASLBP or Panel).
Hearings often involve difficult,
interdisciplinary questions at the cutting
edge of science and technology. In addition,
NRC hearings air local concerns about the
consequences of severe accidents and
continue the national debate over the role
nuclear power should play in meeting the
nation's energy needs.
Contested hearings at the NRC are conducted
either by three judges or by a single
administrative judge drawn from the Panel.
Hearings before these judges are among the
most complex, lengthy, and controversial
administrative proceedings conducted by the
Federal government.
The Panel considers issues arising out of
the operation of the nation's more than 100
nuclear power plants and out of programs
related to approximately 5,000 nuclear
materials licensees. Hearings have shifted
away from the large nuclear power plant
operating licenses and construction permits
and instead focus on license extensions,
site decontamination, enforcement actions,
and materials license amendments.
Future proceedings are also likely to
involve plant life extensions, licensing of
a high-level radioactive waste repository,
and decommissioning activities. The
proceeding to license a high-level waste
repository at Yucca Mountain, Nevada, in
particular, will involve novel and complex
scientific issues.
The Panel plans to make the initial decision
in a formal hearing on whether the
Department of Energy's (DOE) high-level
waste repository at Yucca Mountain, Nevada,
satisfies applicable safety and
environmental requirements before granting
DOE a license to operate it.
The Panel is also responsible for developing
and operating the
Licensing
Support Network, described above. Within
the next few years, the Panel will
adjudicate any disputes in connection with
the millions of pages of documents that will
be available electronically to all parties
and participants prior to DOE's repository
license application.
For more information, visit the Panel's home
page at
http://www.nrc.gov/about-nrc.html.
Code of Federal
Regulations
Licensing Criteria
The licensing criteria are contained in the
U. S. Code of Federal Regulations (CFR)
Title 10, Part 63 (10 CFR Part 63),
"Disposal of High-Level Radioactive Wastes
in a Proposed Geologic Repository at Yucca
Mountain, Nevada."
This link will take you to an index of the
sections of Part 63.
10 CFR Part 63
Nuclear Regulatory
Commission
Keys to Judging the
Safety of a proposed Repository at Yucca
Mountain
The staff of the U. S. Nuclear Regulatory
Commission (NRC) identified nine key
technical issues to organize its review of
the U. S. Department of Energy's (DOE) site
characterization program at Yucca Mountain.
These topics are the most important to
understanding the long-term capability of a
repository at Yucca Mountain to protect
public health, safety and the environment.
These key
technical issues, or KTIs, are
integrated in the NRC's standards and
requirements applicable to Yucca Mountain.
The KTIs also form the basis for the NRC's
draft licensing guide, referred to as the
Yucca Mountain Review Plan. If the DOE
applies to the NRC for a license to
construct a repository at Yucca Mountain,
the DOE will need to show that the
repository complies with NRC's regulations,
and it will have to address these issues.
Nuclear Regulatory
Commission
Yucca Mountain
Review Plan
The Yucca Mountain Review Plan provides
guidance to evaluate a license application
for a geologic repository. The licensing
criteria, as noted above, are contained in
the U. S. Code of Federal Regulations (CFR)
Title 10, Part 63.
The principal purpose of the Yucca Mountain
Review Plan is to ensure the quality,
uniformity and consistency of U. S. Nuclear
Regulatory Commission (NRC) staff reviews of
the license application and any requested
amendments.
The Yucca Mountain Review Plan has separate
sections for reviews of repository safety
before permanent closure, repository safety
after permanent closure, the research and
development program to resolve safety
questions, the performance confirmation
program, and administrative and programmatic
requirements.
Each of the above sections supports
determining compliance with specific
regulatory requirements from 10 CFR Part 63.
According to the NRC, the regulations and
the Yucca Mountain Review Plan are
risk-informed, performance-based to the
extent practical.
This link will take you to the entire
document on line:
"Yucca Mountain Review Plan, NUREG-1804,
Revision 2, Draft Report for Comment."
This link will take you to the Executive
Summary of the Yucca Mountain Review Plan:
Executive Summary
Written comments may be submitted to:
Michael T. Lesar, Chief
Rules and Directives Branch
Division of Administrative Services
Office of Administration
U. S. Nuclear Regulatory Commission
Mail Stop T-6D59
Washington, D. C. , 20555-0001