NRC Review of Yucca Mountain Application Restarted

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Publication date: 
26 November 2013

“We direct the  NRC Staff to complete and issue the Safety Evaluation Report (SER) associated  with the construction authorization application.”  So states the Memorandum and Order  issued by the  commissioners of the Nuclear Regulatory Commission (NRC) in compliance with an  August decision   of the U.S. Court of Appeals to restart the review of the Yucca Mountain  high-level radioactive waste repository. 

The  NRC’s 23-page memorandum issued on November 18 is a significant development in  the highly contested proposal to establish the Yucca Mountain repository.  NRC staff work was suspended in June 2010 on  the repository’s 2008 construction authorization application by the Department  of Energy during the Bush Administration.   The Obama Administration sought to terminate further action on the  repository, resulting in work being stopped on the NRC’s completion of the  multi-volume Safety and Evaluation Report 

The  NRC memorandum outlines what the commission will do, and not do, to comply with  the court’s directive.  The first step is  the completion of the Safety and Evaluation Report for DOE’s construction  authorization application.  In August  2010 the NRC released the first volume of this report.   The memo states the five volume report “can be completed and issued concurrently in  approximately twelve months after the Staff initiates work.”  It is estimated this step will cost $8.3  million; the agency has $11 million in carry over funding from FY 2011 and  earlier.  The memorandum explains this is  “only a fraction of the NRC’s ‘normal’  annual budget for the Yucca review,” limiting additional action by the  commission on the application. 

Without  new appropriations the NRC states that it will be unable to make thousands of application  documents available in a public database that was closed in 2011.  The NRC will also be unable to conduct a  required formal adjudicatory hearing of approximately 300 contentions on the  application.   

In  addition to the commission’s work, the Department of Energy must complete,  using its own funds, an NRC-required supplement to DOE’s environmental impact  statement on groundwater issues.

A  further step in this process requires the NRC commissioners to make its “own  review of both contested and uncontested issues.”

The  conclusion of this memorandum explains that the NRC “will likely be unable to make meaningful progress on steps other than  those outlined in this decision unless and until Congress appropriates  additional funds for the agency’s Yucca Mountain review process.”  Of note, the memorandum did not state  what position the NRC would take in requesting additional funding to carry out  the remainder of the licensing process.   The memorandum explains: “a number  of participants request that we submit to Congress a budget request that would  seek appropriations for the licensing process. We will take those requests  under advisement in the course of our agency’s budget process.”

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