yucca

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NRC Hearing Docket High Level Waste Licensing Hearings:

Background

The Nuclear Waste Policy Act of 1982 gave DOE the responsibility to construct and operate a geologic repository for high-level waste.

The NRC was given responsibility for regulating geologic disposal of the waste. In 1987, Congress directed DOE to focus solely on Yucca Mountain as the site of a repository. DOE made its determination in 2002 that Yucca Mountain would be a suitable location; President George W. Bush and Congress accepted that determination and directed DOE to submit its license application.

High-level nuclear waste consists primarily of spent fuel from the nation's commercial nuclear power plants, spent fuel from U.S. Navy reactors, and certain waste generated by DOE during development of nuclear weapons. The repository is to hold about 77,000 tons of high-level waste. Approximately 57,000 tons of commercial spent fuel are already in temporary storage at nuclear power plants across the country.

"The Energy Department began pursuing a license for the Nevada site in 2008 but pulled support a year later when the Obama administration said it was not an attractive solution for storing nuclear waste in the United States. The administration then closed out funding for the site, eliminated jobs and contractor activities and disposed of Las Vegas properties associated with the project." (The New York Times)

January 31, 2010 - Obama to zero out Yucca Mountain funding, pull license (Las Vegas Sun)

Wikipedia excerpt regarding Yucca Mountain Nuclear Waste Repository

"Although the location has been highly contested by both environmentalists and non-local residents in Las Vegas, which is over 100 miles (160 km) away, it was approved in 2002 by the United States Congress. However, under the Obama Administration[2] funding for development of Yucca Mountain waste site was terminated effective via amendment to the Department of Defense and Full-Year Continuing Appropriations Act, passed by Congress on April 14, 2011. The US GAO stated that the closure was for political, not technical or safety reasons.[2] This leaves United States civilians without any long term storage site for high level radioactive waste, currently stored on-site at various nuclear facilities around the country, although the United States government can dispose of its waste at WIPP, in rooms 2,150 feet (660 m) underground.[3] The Department of Energy is reviewing other options for a high-level waste repository. The Blue Ribbon Commission established by the Secretary of Energy released its final report on January 26, 2012. It expressed urgency to find a consolidated, geological repository, but also that any future facility should have input from the citizens around it."[4]

GAO: Death of Yucca Mountain Caused by Political Maneuvering (The New York Times

United States Court of Appeals for the District of Columbia Circuit, Judge Brett Kavanaugh sided with petitioners by granting an order that would move the licensing process for the facility, which has been stalled since 2011, forward.

Documents before Obama Administration pulled support for the proposed Yucca Mountain High-level Waste repository in Nevada.

On June 3, 2008, the U.S. Department of Energy (DOE) submitted a license application to the U.S. Nuclear Regulatory Commission (NRC), seeking authorization to construct a high-level waste geologic repository at Yucca Mountain, Nevada. For details, see the following documents and correspondence from DOE:
Transmittal Letter(June 3, 2008)
General Information
Safety Analysis Report (SAR)
References cited by U.S. Department of Energy
2002 Final Environmental Impact Statement (FEIS)
2008 Final Supplemental Environmental Impact Statement
Letter to NRC re: Notification of Plan for Supplementing the
Final Environmental Impact Statement (FEIS) (October 3, 2008)
Letter to NRC re: Update to the Yucca Mountain Repository License Application (LA) for Construction Authorization. (February 19, 2009)
Letter to NRC re: Notification of Change of Commitment for Supplementing the Final Environmental Impact Statement (July 30, 2009)

Adjudications (Hearings)

Under the Atomic Energy Act, Congress established an adjudicatory process that promotes public involvement in hearings on a variety of civilian nuclear matters. Through this hearing process, independent judges on the Atomic Safety and Licensing Board Panel (ASLBP) hear and address concerns of individuals or entities that are directly affected by any licensing or enforcement action involving a facility that produces or uses nuclear materials.

On June 3, 2008, the U.S. Department of Energy (DOE) submitted a license application to the U.S. Nuclear Regulatory Commission (NRC), seeking authorization to construct a high-level waste geologic repository at Yucca Mountain, Nevada. The following are links to PDF documents filed with the NRC Licencing hearing Board related to the Yucca Mountain High Level Waste Project licensing hearing.

Fact Sheet on Licensing Yucca Mountain(NRC website)

WEB-BASED ADAMS - Agencywide Documents Access and Management System

Electronic Hearing Docket-HLW-EHDNRC provides access to libraries of docket materials related to hearings held by the Commission or ASLBP. Click on link and select HLW-EHD (High-level Waste, Electronic Hearing Docket. NRC provides access to libraries of docket materials related to hearings held by the Commission or ASLBP. The HLW-EHD are documents related to the hearings on the licensing application for Yucca Mountain.

For public convienence the following are memorandums, orders, petitions and adjucdicatory filings with the NRC's High-level Waste hearings. All filings can be found on Adams Electronic Hearing docket - then please see the HLW-EHD in the list and choose the Cab 4 to see the more current filings.


Adjudicatory filings related to the high-level waste hearings for the proposed Yucca Mountain Nuclear Waste repository starting at the bottom with the NRC Commission inviting all participants in this proceeding to provide their views as to how the agency should continue with the licensing process after the U.S. Court of Appeals ordered (granting an order) that agencies comply with the law as it has been set by Congress.

Current filings

January 24, 2014: MEMORANDUM AND ORDER In response to the writ of mandamus issued by the U.S. Court of Appeals for the District of Columbia Circuit, we recently issued a decision and companion Staff Requirements Memorandum setting forth the course of action we selected to continue the licensing process for the Department of Energy's Yucca Mountain high-level radioactive waste repository. The State of Nevada requests that we clarify certain aspects of the decision and the SRM; Nye County, Nevada, the States of South Carolina and Washington, Aiken County, South Carolina, and the National Association of Regulatory Utility Commissioners (together, the "Five Parties") seek consideration of certain aspects of our decision. As discussed below, we deny both requests.

December 9, 2013: FIVE PARTIES' ANSWER TO NEVADA'S PETITION FOR CLARIFICATION OF RESTART ORDER AND STAFF REQUIREMENTS MEMORANDUM

December 9, 2013: STATE OF NEVADA CONSOLIDATED AN SWERS TO (1) FIVE PARTIES' REQUEST FOR LEAVE TO FILE MO TION FOR RECONSIDERATION AND (2) FIVE PARTIES' MOTI ON FOR RECONSIDERATION OF COMMISSION'S NOVEMB ER 18, 2013 RESTART ORDER

December 9, 2013: NRC STAFF ANSWER TO PETITION FOR CLARIFICATION AND RESPONSE TO MOTION FOR RECONSIDERATION

November 18, 2013 - MEMORANDUM AND ORDER On August 13, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision granting a writ of mandamus, and directing the NRC to resume the licensing process for the Department of Energy's Yucca Mountain high-level radioactive waste repository construction authorization application. 1 We issued an order seeking comment from the participants in this adjudication as to how the agency should continue with the licensing process. 2 Today we detail the course of action we have selected.

November 27, 2013: REQUEST FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF MEMORANDUM AND ORDER

September 30, 2013: U.S. DEPARTMENT OF ENERGY'S RESPONSE TO THE COMMISSION'S AUGUST 30, 2013 ORDER

September 30, 2013: STATE OF NEVADA COMMENTS IN RESPONSE TO THE SECRETARY'S AUGUST 30, 2013 ORDER

September 30, 2013: PRAIRIE ISLAND INDIAN COMMUNITY'S RESPONSE TO THE COMMISSION'S AUGUST 30, 2013 ORDER

September 30, 2013: EUREKA COUNTY'S RESPONSE TO NRC SECRETARY'S AUGUST 30, 2013 ORDER

September 30, 2013: NYE COUNTY, NEVADA, THE STATES OF SOUTH CAROLINA AND WASHINGTON, AIKEN COUNTY, SOUTH CAROLINA, AND THE NATIONAL ASSOCIATION OF REGULATORY UTILITIES COMMISSIONERS CONSOLIDATED RESPONSE TO NRC ORDER OF AUGUST 30, 2013 AND TO OTHER PARTIES' SUBMITTALS

September 30, 2013: TIMBISHA SHOSHONE TRIBE 'S RESPONSE TO NRC SECRETARY'S AUGUST 30, 2013 ORDER AND RENEWED MOTION FOR RECOGNITION OF THE TIMBISHA SHOSHONE TRIBAL COUNCIL AS THE LEGITIMATE REPRESENTATIVE OF THE TIMBISHA SHOSHONE TRIBE

September 26, 2013: LINCOLN COUNTY, NEVADA VIEWS REGARDING HOW NRC SHOULD CONTINUE THE YUCCA MOUNTAIN LICENSING PROCESS.

September 25, 2013: WHITE PINE COUNTY, NEVADA VIEWS REGARDING HOW NRC SHOULD CONTINUE THE YUCCA MOUNTAIN LICENSING PROCESS.

September 9, 2013: Commission order: DECISION ON THE MOTION OF NYE COUNTY, NEVADA, FOR RECUSAL/DISQUALIFICATION OF NRC CHAIRMAN ALLISON M. MACFARLANE

September 10, 2013: DECISION ON THE MOTION OF NYE COUNTY, NEVADA, FOR RECUSAL/DISQUALIFICATION OF NRC CHAIRMAN ALLISON M. MACFARLANE

September 9, 2013: NYE COUNTY'S REQUEST FOR LEAVE TO FILE REPLY TO STATE OF NEVADA'S ANSWER IN OPPOSITION TO NYE COUNTY'S MOTION FOR RECUSAL/DISQUALIFICATION OF CHAIRMAN MACFARLANE

Sept 5: NYE COUNTY'S REQUEST FOR LEAVE TO FILE REPLY TO STATE OF NEVADA'S ANSWER IN OPPOSITION TO NYE COUNTY'S MOTION FOR RECUSAL/DISQUALIFICATION OF CHAIRMAN MACFARLANE

August 23, 2013: NYE COUNTY'S MOTION FOR LIFTING OF SUSPENSION OF YUCCA MOUNTAIN LICENSING PROCEEDING, SCHEDULING OF IMMEDIATE CASE MANAGEMENT CONFERENCE, AND ISSUANCE OF RELATED ADMINISTRATIVE

August 30, 2013: STATE OF NEVADA ANSWER IN OPPOSITION TO NYE COUNTY'S MOTION FOR RECUSAL/DISQUALIFICATION OF CHAIRMAN MACFARLANE

August 30, 2013: NUCLEAR ENERGY INSTITUTE'S ANS WER TO MOTIONS CONCERNING RESUMPTION OF YUCCA MOUNTAIN LICENSING ACTIVITIES NEI-answer

August 30, 2013: STATE OF NEVADA'S ANSWER TO NYE COUNTY'S MOTION FOR LIFTING SUSPENSION OF YUCCA MOUNTAIN LICENSING PROCEEDING

August 30, 2013: NUCLEAR ENERGY INSTITUTE'S ANSWER TO MOTIONS CONCERNING RESUMPTION OF YUCCA MOUNTAIN LICENSING ACTIVITIES

August 30, 2013: STATE OF NEVADA ANSWER IN OPPOSITION TO NYE COUNTY'S MOTION FOR RECUSAL/DISQUALIFICATION OF CHAIRMAN MACFARLANE

August 30, 2013 ORDER - The Commission now invites all participants in this proceeding to provide their views as to how the agency should continue with the licensing process.

NRC Issued documentation

NRC Issues First Volume of Staff's Safety Evaluation Report (August 23, 2010)

News Release
NUREG-1949, Volume 1, "Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada; Volume 1: General Information"
NRC Makes Public Staff's Postclosure Technical Evaluation Report (July 21, 2011)

News Release
NUREG-2107, "Technical Evaluation Report on the Content of the U.S. Department of Energy's Yucca Mountain Repository License Application; Postclosure Volume: Repository Safety After Permanent Closure." (ML11223A273)
NRC Makes Public Staff's Preclosure Technical Evaluation Report (September 1, 2011)

News Release
NUREG-2108, "Technical Evaluation Report on the Content of the U.S. Department of Energy's Yucca Mountain Repository License Application; Preclosure Volume: Repository Safety Before Permanent Closure" (ML11250A093)
NRC Makes Public Staff's Administrative and Programmatic Technical Evaluation Report (September 12, 2011)

News Release
NUREG-2109, "Technical Evaluation Report on the Content of the U.S. Department of Energy's Yucca Mountain Repository License Application; Administrative and Programmatic Volume" (ML11255A002)

Current Schedule of Issuing the Safety Evaluation Report (SER) for DOE's License Application for a High-Level Waste Geologic Repository