NRC’s Decision Process: Judging The Safety Of A Proposed Repository

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Presentation transcript:

NRC’s Decision Process: Judging The Safety Of A Proposed Repository Janet P. Kotra, Ph.D. Senior Project Manager Division of High-Level Waste Repository Safety (301) 492-3190 Janet.kotra@nrc.gov Native American Forum on Nuclear Issues April 11, 2008 1

Purpose Provide an overview of the role of the U.S. Nuclear Regulatory Commission (NRC) at Yucca Mountain Describe the process NRC will use to decide whether or not to authorize construction of a repository at Yucca Mountain Explain options and highlight important milestones that apply to Tribes as potential participants in NRC’s process 1

NRC’s Role At Yucca Mountain Independent regulator Primary mission is to protect public health and safety and the environment Must decide whether or not to authorize DOE to construct the proposed repository If authorization is granted, NRC will inspect to assure DOE complies with requirements If repository is built as authorized, NRC must decide if DOE can safely receive and dispose of waste at the repository 1

Roles Of Other Agencies At Yucca Mountain Department of Energy (DOE) Characterize site; prepare Environmental Impact Statement (EIS); prepare license application Subject to NRC authorization, inspection and regulation: construct, and operate the repository safely Environmental Protection Agency (EPA) Establish environmental standards that NRC must use to decide whether to authorize the potential repository 1

NRC will base its decision on NRC Must Decide Whether To Allow DOE To Construct A Repository At Yucca Mountain If DOE submits a license application, the Nuclear Waste Policy Act, as amended, provides that NRC decide in three to four years NRC will base its decision on Comprehensive, independent safety review; and Results of full and impartial public hearings; 4 1 4

Who Makes The Decisions At NRC? Five NRC Commissioners Appointed by the President Confirmed by the Senate At most 3 of any one political party 5-year term Chairman designated by the President 1

What Is The Role Of NRC’s Professional Staff? Carry out Commission regulations and policies Recommend safety, environmental, and security regulations Evaluate license applications and amendments Inspect applicants and licensees Communicate with the public about NRC’s regulatory program 1

What Is The Atomic Safety And Licensing Board Panel? Independent Adjudicatory Arm of NRC Acts as the Commission’s “Trial Court” Authority Delegated by the Commission Hears cases in Licensing Boards of 3 Judges 1

What Is The Role Of The Hearing Boards? Hear and decide disputes regarding proposed NRC licensing actions Create a complete, accurate record of the proceeding so it can be fairly and efficiently reviewed by the Commission Decisions can be appealed to the Commission

Submission of a License Application DOE has announced its intent to submit an application for the proposed repository at Yucca Mountain not later than June 2008 If DOE Submits A License Application… Can NRC Accept The Application For Review? Can NRC Adopt DOE’s FEIS Absent Further Supplement? 9 1 9

Verify that the license application: Contains all required information NRC Staff Must Decide Whether To Accept The Application For Review (The “Docketing Decision”) Verify that the license application: Contains all required information Documents DOE’s safety case DOE must also comply with document access rules This is not a detailed technical review Decision expected in 90 days (~September 2008) 10 1 10

Possible Outcomes Of Docketing Decision: NRC staff is unable to accept the application for review Application is returned to DOE Explanation and instructions are provided, as appropriate NRC staff accepts the application for review NRC staff dockets the application and begins safety review NRC publishes a Notice of Hearing in the Federal Register Notice will include NRC staff’s position on whether it is practicable to adopt FEIS without further supplement 11 1 11

EIS must accompany license application NRC MUST REVIEW AND DECIDE WHETHER TO ADOPT DOE’S EIS FOR YUCCA MOUNTAIN EIS must accompany license application NRC will review the EIS and it supplements NRC must adopt the EIS unless: Requested NRC licensing action differs from the action proposed in the license application in a way that may significantly affect the environment; or Significant and substantial new information or considerations make the EIS inadequate Decision expected in 90 days (~September 2008) I 12 1 12

Possible Outcomes of NRC’s Adoption Determination Process Not adopt Adopt with additional supplement DOE NRC If NRC determines a supplement is needed at the time of the adoption decision, NRC would describe its conclusion in the FRN. NRC would request that DOE develop the supplement. If DOE refuses and the Licensing Board does not require DOE supplementation, then NRC would develop the supplement. If NRC develops a supplement as a result of its initial adoption decision, the supplement would need to be developed in parallel with the safety review. If the NRC adopts the EIS in part, the EIS hearing process could start before a supplement is complete. The supplement process would need to follow the standard NEPA process (scoping, draft for comment, public meetings, final) and could take six months to a year to complete. If DOE develops a supplement that is needed for NRC adoption, the NRC would review the draft for public comment and would review the final for adoption. Upon NRC’s decision whether to adopt the supplement, a separate hearing process on the supplement could occur if contentions are admitted by the licensing board. Whether or not a supplement is needed for the initial adoption determination, a supplement could be required at any time after the adoption decision, if new information warrants it. 13 1 13

Things To Remember About NRC’s Decision Whether To Adopt DOE’s EIS NRC’s environmental review is limited by law NRC must adopt DOE’s EIS unless certain, established criteria are met Tribes may seek to contest NRC’s adoption decision or provide testimony on contentions made by others 14 14

If NRC Accepts Application For Review : NRC Staff Announces Its EIS Adoption Position NRC Staff Dockets The License Application NRC Publishes a Notice of Hearing in the Federal Register Formal Judicial Process Begins Independent Safety Review Begins 15 1 15

NRC Staff Safety Review Thorough, technical review of license application If needed, NRC staff may: request additional information conduct independent confirmatory analyses Proceeds in parallel with hearings on NRC’s decision on the adoption of DOE’s EIS Results documented in the Safety Evaluation Report (SER) [~ March 2010] 16 1 16

NRC’s Hearing Process Formal, trial-type process with established rules and procedures Atomic Safety and Licensing Board presides Participants include: NRC Staff Department of Energy (DOE) Intervenors (e.g., host state, affected units of local government, Indian tribes, individuals, organizations) Interested state, local and tribal governments They are Formal Legal Proceedings not unlike Federal District Court Legally sophisticated environment Judges and ASLBP Staff cannot and will not answer legal questions or provide legal advice Non-lawyer Party Representatives will be expected to know and follow the rules and procedures Rules of Practice (10 CFR Part 2) are lengthy, detailed and complex and were written by lawyers for lawyers Procedures and time limits for filings and actions are strictly enforced Substantive Regulations - 10 CFR Parts 51& 63 are lengthy, detailed and complex and were written by technical experts for technical experts the technical issues to be litigated will be complex 17 17

How Can A Tribal Government Participate? Tribal Governments can chose to participate in NRC Hearings in either of two ways: As a party As an interested governmental participant 18 18

Who Is A Party? Anyone who can show that they have an interest that may be affected by the outcome of the proceeding (i.e., standing); and Submits one or more admissible contentions (statements of contested law or fact) Any Tribe designated as an “Affected Tribe” under the Nuclear Waste Policy Act does not have to demonstrate standing Parties (also called “intervenors”) are admitted by the hearing board 19 19

What Is A Contention? A safety or environmental dispute about the proposed licensing action that must Be specific Be supported by documents or expert opinion Include specific references to the application Be within the scope of the proceeding Usually, a contention alleges a failure to satisfy some legal or regulatory requirement ASLB rules on admissibility based on established criteria 20 20

What Is An Interested Governmental Participant? Can be An Interested State Government A local Governmental Body A Federally-recognized Indian Tribe – not limited to Tribes designated as “Affected” under the Nuclear Waste Policy Act Not otherwise admitted as a party 21 21

What Does An Interested Government Have To Do To Participate? File a request to participate Designates a single representative for the hearing Before the hearing, must identify admitted contentions on which it will participate Comply with document access requirements 22 22

What Does Participation Entail? Both Parties and Interested Governmental Participants can: Engage in discovery Introduce evidence Interrogate witnesses File proposed findings Appeal to the Commission 23 1 23

Party Or Governmental Participant? Need not take a position on an issue Relies on other parties to raise contentions Party Has at least one contention admitted Admissible contentions will be subject to litigation 24 1 24

Petitions And Requests Potential parties must petition for leave to intervene and submit proposed contentions Parties may contest the application, NRC EIS adoption decision, or both Tribal or Local Governments may request status as Interested Governmental Participants All participants must comply with NRC’s document access requirements Petitions and requests must be filed within 30 days of the Notice of Hearing (~October 2008) 25 1 25

Access To DOE’s Supporting Documents Six months before submitting an application, DOE must certify that its documentary material supporting the application is available in NRC’s Licensing Support Network (LSN) and provide monthly updates DOE certified the availability of its documents on LSN on 10/19/2007 26 1 26

Document Access Requirements For Participants NRC staff certified availability of its documents in July 2004 and provides regular updates as required Potential parties or interested governmental participants were to have certified availability of their documents within than 90 days after DOE’s certification (by 1/18/08) 17 participants have certified thus far Tribes who believe they may want want to participate should certify as soon as possible 27 1 27

Hearings On EIS Adoption If NRC Staff Dockets License Application And Begins Its Safety Review NRC ASLBP Hearings On EIS Adoption NRC Staff Completes Safety Review NRC ASLBP Hearings on License Application Commission Decision Could begin as early as spring 2009 28 1 28

Reviewing all information objectively NRC Will Decide Whether To Deny Or Authorize Construction Of A Repository By… Reviewing all information objectively Making open decisions based on the facts Maintaining an open, public adjudicatory process 1

If the license application is submitted, NRC could: Possible Outcomes If the license application is submitted, NRC could: Deny the license application Authorize construction of the repository with or without specific conditions 1

Summary Any NRC decision on a potential license application for a repository will: Be based on NRC staff’s comprehensive, independent safety review Include full and impartial public hearings that follow formal, well-established rules to ensure an open, objective decision 1