[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68005-68007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31506]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 51
Waste Confidence Decision Review: Status
AGENCY: Nuclear Regulatory Commission.
ACTION: Status report on the review of the Waste Confidence Decision.
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SUMMARY: On September 18, 1990 (55 FR 38474), the Nuclear Regulatory
Commission (NRC) issued the results of the first review of its Waste
Confidence Decision, originally issued on August 31, 1984 (49 FR
34658). The purpose of the original Waste Confidence Decision was ``to
assess the degree of assurance now available that radioactive waste can
be safely disposed of, to determine when such disposal or offsite
storage will be available and to determine whether radioactive waste
can be safely stored onsite past the expiration of existing facility
licenses until offsite disposal or storage is available.'' (49 FR
34658). In 1984, the Commission concluded that there was reasonable
assurance that safe disposal in a geologic repository is technically
feasible, one or more repositories would be available by the years
2007-2009, and spent fuel will be managed in a safe manner until
sufficient repository capacity is available. The 1990 review of this
decision basically affirmed the findings of the original decision and
further determined that spent fuel could be safely stored and managed
under existing processes through the first quarter of the 21st century
and 30 years beyond the licensed life for power reactor operation. In
its 1990 review, the Commission stated that its next review of the
waste confidence issues would occur in ten years. As the ten year
period for review approaches, the Commission is issuing this notice on
its intent with regard to further Waste Confidence reviews. The
Commission is of the view that experience and developments since 1990
confirm the Commission's 1990 Waste Confidence findings. Thus, the
Commission has decided that a comprehensive evaluation of the Waste
Confidence Decision at this time is not necessary. The Commission would
consider undertaking a comprehensive evaluation when the impending
repository development and regulatory activities have run their course
or if significant and pertinent unexpected events occur, raising
substantial doubt about the continuing validity of the 1990 Waste
Confidence findings.
FOR FURTHER INFORMATION CONTACT: Janet Kotra, Office of Nuclear
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555, telephone (301) 415-6674.
SUPPLEMENTARY INFORMATION:
I. Background
II. Ongoing Repository Development and Spent Fuel Storage Activities
III. The Next Review
I. Background
In 1977, the Commission denied a petition for rulemaking wherein
the U.S. Nuclear Regulatory Commission (NRC) was asked to determine
whether radioactive wastes generated in nuclear power reactors can be
disposed of without undue risk to public health and safety and to
refrain from granting pending or future requests for reactor operating
licenses until such finding of disposal safety was made. The Commission
noted in its denial that it `` * * * would not continue to license
reactors if it did not have reasonable
[[Page 68006]]
confidence that the wastes can and will in due course be disposed of
safely.''
At about the same time, the Commission granted license amendments
permitting expansion of the capacity of spent fuel storage pools at two
nuclear power plants, finding that the actions would not endanger
public health and safety. The Commission did not address the potential
environmental consequences of such storage beyond the expiration of the
reactors' operating licenses. Upon appeal of the license amendment
decisions, the US Court of Appeals declined to stay or vacate the
license amendments but remanded to NRC the question of whether
reasonable assurance exists that an offsite storage solution will be
available by the years 2007-2009, the expiration dates of the plants'
operating licenses, and, if not, whether there is reasonable assurance
that spent fuel can be stored safely at the reactor sites beyond those
dates.
In response to the Court's remand, NRC conducted a generic
rulemaking to assess the degree of assurance that radioactive wastes
can be disposed of safely, to determine when disposal or offsite
storage will be available, and to determine whether the wastes can be
stored safely at reactor sites beyond the expiration of existing
facility licenses until offsite disposal or storage is available. This
rulemaking came to be known as the ``Waste Confidence'' proceeding. On
August 31, 1984 (49 FR 34658; 49 FR 34688), the Commission issued five
findings, accompanied by a final rule, codified at 10 CFR 51.23,
incorporating the findings as the basis for excluding case-by-case
consideration of environmental effects of extended onsite storage of
spent fuel in reactor and spent fuel storage facility licensing
proceedings. The Commission's basic conclusions were that there was
reasonable assurance that safe disposal in a geologic repository is
technically feasible, that one or more repositories would be available
by the years 2007-2009, and that spent fuel will be managed in a safe
manner until sufficient repository capacity is available.
In the 1984 Decision, the Commission noted that its decision with
respect to the availability of a repository for disposal was
unavoidably in the nature of a prediction, and indicated that it would
review its conclusions should significant and pertinent unexpected
events occur or at least every five years until a repository is
available. The first review was completed in 1990 (55 FR 38474;
September 18, 1990). The conclusions reached and the findings made in
the Commission's 1990 review of the original Waste Confidence Decision
were:
1. The Commission finds reasonable assurance that safe disposal of
radioactive waste and spent fuel in a mined geologic repository is
technically feasible. (This finding is identical to the finding in the
original Waste Confidence Decision in 1984).
2. The Commission finds reasonable assurance that at least one
mined geologic repository will be available within the first quarter of
the twenty-first century, and that sufficient repository capacity will
be available within 30 years beyond the licensed life for operation
(which may include the term of a revised or renewed license) of any
reactor to dispose of the commercial high-level radioactive waste and
spent fuel originating in such reactor and generated up until that
time. (This finding revised the finding in the original decision that a
mined geologic repository would be available by the years 2007 to
2009.)
3. The Commission finds reasonable assurance that high-level
radioactive waste and spent fuel will be managed in a safe manner until
sufficient repository capacity is available to assure the safe disposal
of all high-level waste and spent fuel. (This finding is identical to
the finding in the original Waste Confidence Decision in 1984).
4. The Commission finds reasonable assurance that, if necessary,
spent fuel can be stored safely and without significant environmental
impacts for at least 30 years beyond the licensed life for operation
(which may include the term of a revised or renewed license) of that
reactor at its spent fuel storage basin, or at either onsite or offsite
independent spent fuel storage installations. (This finding is
basically identical to that in the original Waste Confidence Decision
with the addition of the consideration of license renewal and spent
fuel storage 30 years beyond the licensed life for operation of a
reactor).
5. The Commission finds reasonable assurance that safe independent
onsite or offsite spent fuel storage will be made available if such
storage capacity is needed. (This finding is identical to the finding
in the original Waste Confidence Decision in 1984).
In issuing the 1990 review of the Waste Confidence Decision, the
Commission extended the cycle for future reviews from every five years
to every ten years. The rationale for this extension was that
predictions of repository availability are best expressed in terms of
decades rather than years. The Commission also affirmed its original
statement that it would reevaluate its Decision at any time whenever
significant and pertinent unexpected events occur, such as major shifts
in national policy or a major unexpected institutional development, or
new technical information.
II. Ongoing Repository Development and Spent Fuel Storage
Activities
We are now nearing the end of the ten year period since the last
review of the Waste Confidence Decision. Since the 1990 revisions of
the Waste Confidence findings, the U.S. Department of Energy's (DOE)
program for characterizing a single site at Yucca Mountain, Nevada, as
a potential geologic repository has progressed and is nearing
completion. DOE published a viability assessment on the proposed
repository in December of 1998 and a draft environmental impact
statement (EIS) in August of 1999. It is expected that DOE will
complete a final EIS in 2000, such that a recommendation with regard to
suitability of the Yucca Mountain site, pursuant to the Nuclear Waste
Policy Act of 1982, as amended (NWPA), can be made in 2001. If DOE is
able to advise the President that the Yucca Mountain site is suitable
for development as a repository, and the President accepts the
Secretary of Energy's recommendation, DOE intends to submit a license
application to NRC in 2002. In addition, NRC has proposed 10 CFR Part
63 which would establish a framework for licensing consideration of the
repository. Similarly, the Environmental Protection Agency (EPA) has
published its proposed standards for repository licensing. Thus, there
has been substantial progress toward consideration and possible
licensing of a repository.
As to spent fuel storage capabilities and capacity, the NRC has
continued to review commercial dual-purpose spent fuel dry cask storage
and transportation system designs and site-specific license
applications for onsite dry storage of spent fuel to meet the interim
storage needs of reactor licensees. In addition, the NRC is reviewing
an application for an away-from-reactor Independent Spent Fuel Storage
Installation (ISFSI), and a second application is expected in fiscal
year 2000. The NRC staff has noted substantial advances in spent fuel
storage--the certifications of a number of new spent fuel storage cask
designs; additional interim dry cask storage capacity at power reactor
sites; the NRC's establishment of a Spent Fuel Project Office to more
effectively focus on interim spent fuel storage and management--since
waste confidence findings were last reviewed in 1990.
[[Page 68007]]
These considerations confirm and strengthen the Commission's 1990
findings and lead the Commission to conclude that no significant and
unexpected events have occurred--no major shifts in national policy, no
major unexpected institutional developments, no unexpected technical
information--that would cast doubt on the Commission's Waste Confidence
findings or warrant a detailed reevaluation at this time. As a result,
a formal review of these activities now would not call into serious
question the Commission's Waste Confidence findings, as updated in
1990. The Commission, therefore, is not undertaking any modification to
the findings codified in 10 CFR 51.23. However, when the nearer term
activities on repository development and licensing are concluded, there
may be implications for the Waste Confidence findings. If warranted,
the Commission will consider undertaking a comprehensive review at that
time.
III. The Next Review
The appropriate trigger for the next review could be a combination
of events or it could be a single event. For example, any significant
delays in DOE's repository development schedule or a decision by the
Secretary of Energy to not recommend Yucca Mountain as a candidate site
might necessitate a reevaluation of the Commission's Waste Confidence
Decision. Thus, the Commission would consider undertaking a
comprehensive reevaluation of the Waste Confidence findings when the
impending repository development and regulatory activities run their
course or if significant and pertinent unexpected events occur, raising
substantial doubt about the continuing validity of the Waste Confidence
findings.
Dated at Rockville, Maryland, this 30th day of November, 1999.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-31506 Filed 12-3-99; 8:45 am]
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