Repository Licensing Overview

Congress created a legal obligation in 1982 establishing a comprehensive federal policy to resolve the nations problem of what to do with wastes from nuclear reactors and defense facilities. The policy centers on deep geologic disposal of high-level radioactive waste.

In passing the Nuclear Waste Policy Act, Congress assigned the primary responsibility for implementing this national policy to the Department of Energy (DOE). Congress also identified specific actions to be undertaken by the Secretary of Energy in characterizing a site and deciding whether to recommend approval of the site to the President. On February 14, 2002, Spencer Abraham, Secretary of Energy, recommended Yucca Mountain to President Bush (4 page letter) . On February 15, 2002, having received the Secretary’s recommendations, President Bush considered the site qualified for a construction authorization and urged congress to undertake necessary legislative action to expedite the process (President Bush's letter to Congress). As directed by congress the DOE is preparing to submit a licensing application to the Nuclear Regulatory Commission in the year 2005.

Nuclear Waste Policy Act There are more than 100 nuclear power complexes in the United States, with Illinois leading the way.

Net electrical generation from the nuclear sector has been increasing despite the fact that many of these plants run well under their planned capacity. No new nuclear plant has been licensed since the early 1980s, largely as a result of the near catastrophic meltdown of the No. 2 reactor at the Three Miles Island complex in Pennsylvania in 1979.

The Bush energy plan calls for renewing nuclear plant construction, citing improved safety records and technology. Critics remain skeptical, and there is no plan for disposing of the waste these plants would produce.

Licensing System Network Brochure

Following more than 20 years of study by the U.S. Department of Energy, Congress approved in July 2002 the President's recommendation of the Yucca Mountain site for development as a repository for the disposal of spent nuclear fuel and high-level radioactive waste.

The next step in the repository's development is for the Department of Energy to submit a license application to the U.S. Nuclear Regulatory Commission (NRC). It will be accompanied by DOE's Final Environmental Impact Statement for a Geological Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada, in support of receiving construction authorization and, ultimately, a license to receive and possess waste.

The NRC is the licensing and regulatory agency that will make the final decision on whether the DOE is allowed to proceed with construction and subsequent licensing to operate the repository.

The Licensing Support Network (LSN) is a web-based information system intended to facilitate the discovery process. It supports the U.S. Nuclear Regulatory Commission's (NRC) licensing process for a repository at Yucca Mountain, Nevada. All potential parties to the NRC's licensing proceeding, including the U.S. Department of Energy (DOE) and NRC, place relevant documentary material in the LSN.

The LSN contains electronically retrievable documentary material relevant to the DOE's license application. The LSN provides the public and potential parties to the NRC licensing proceeding access to information relevant to the licensing of a repository at Yucca Mountain prior to submittal of the license application. The NRC regulations for the LSN are found in Title 10, Code of Federal Regulations, Part 2, Subpart J.

NRC Role in the Pre-Licensing Process

During the pre-licensing phase, NRC's has four primary responsibilities:

Review of the Department of Energy's (DOE) site characterization process

This review includes identifying any specific concerns that may impact licensing. The NRC observes DOE's site characterization including exploratory drilling and tunneling. The agency also observes and comments on the DOE quality assurance program. Pre-licensing interactions with the DOE are open to participation by the State of Nevada, Indian tribes, and local governments. See Resolution of Key Technical Issues for High-Level Waste Disposal for more information about the NRC's activities to review DOE's site characterization program.

Site Recommendation Process

Review of DOE's Environmental Impact Statement for Yucca Mountain

 High-Level Waste Disposal Regulations, Guidance, and Communications

Site Characterization Process

The Department of Energy's (DOE's) 1988 Site Characterization Plan for Yucca Mountain established the initial basis for the many engineering and scientific investigations of the site. It has been conducting site characterization to gather enough information about the Yucca Mountain site to evaluate the waste isolation capabilities. In 1991, the State of Nevada granted the DOE the permits necessary to proceed with certain site characterization activities. These activities included excavating test pits and trenches, drilling bore holes, and monitoring ground water.

In September 1994, the DOE began excavation of the exploratory studies facility using a tunnel boring machine. The initial design called for a continuous tunnel 7.6 meters (25 feet) in diameter. The tunnel was completed in April 1997. The tunnel begins at the North Portal and extends to the northwest approximately 2000 meters (1.24 miles). The tunnel then transitions into an approximately 60 degree turn to the south. The section from the North Portal to the 60 degree turn is known as the North Ramp. The turn from the North Ramp leads to a main tunnel 300 meters (984 feet) below the surface. The main tunnel has a north-south alignment and extends south approximately 3000 meters (1.86 miles). The main tunnel ends in a 90 degree turn. From this turn the tunnel travels east about 1300 meters (0.8 miles) and emerges at the South Portal. The tunnel machine has bored through a series of geologic features including a structural feature known as the Bow Ridge Fault. Within the tunnel are seven testing alcoves and four test niches that are being used to investigate the hydrologic, hydrochemical, and thermomechanical properties of the rocks underlying Yucca Mountain.

In December 1997, the DOE began excavation of a smaller exploratory tunnel (5.5 meters/18 feet) across the main tunnel. This smaller tunnel is known as the "east-west" or cross drift and runs almost perpendicular to the North Ramp. The crossdrift begins to the west of the Bow Ridge Fault and crosses over and above the north-south main tunnel. It is about 2600 meters (1.6 miles) long and ends near the Solitario Canyon Fault. The cross drift will also contain instrumentation for scientific tests and should provide additional data on the sub-surface geology of Yucca Mountain to the west of the main tunnel. The layout of both the Exploratory Studies Facility and the Cross Drift can be viewed.

The NRC observes and comments on the Department of Energy (DOE) quality assurance (QA) program. As a result of NRC's comments on deficiencies in DOE's QA program, the DOE submitted to NRC on January 3, 2002, the OCRWM Management Improvement Initiatives (OMII). The NRC reviewed the OMII and informed DOE that the report did not meet NRC's expectations. On April 5, 2002, the DOE submitted a letter to NRC describing actions DOE will take to develop a revised report. On July 19, 2002, the DOE submitted to NRC a revision to the OMII:Management Improvement Initiatives, Revision 0. On May 29, 2003, DOE submitted a letter to NRC providing details of the actions being taken to ensure that a potential license application meets NRC expectations for completeness, accuracy, and compliance with quality assurance requirements.

On April 5, 2004, DOE submitted a letter to NRC that indicated that DOE has completed the commitments made in the Management Improvement Initiatives. Enclosed with the letter is a memorandum transmitting the reports "Management Improvement Initiative (MII) Independent Review (IR) dated March 19, 2004, "Yucca Mountain Project (YMP) Annunciator Panel from March Monthly Operating Review," and "OCRWM Management Improvement Initiatives Transition Approach, Rev. 1," dated December 2003.

The NRC staff also observes audits conducted by the Department of Energy's Office of Quality Assurance. The DOE audits assess whether their contractors have satisfactorily implemented the DOE's Office of Civilian Radioactive Waste Management quality assurance program.

The NRC documents its observations of the DOE audit and transmits its observations to the DOE. NRC observation audit reports are available and can be found on their website at  http://www.nrc.gov/waste/hlw-disposal/quality –audits.html.

NRC's Yucca Mountain Review Plan

The Yucca Mountain Review Plan provides guidance for the U.S. Nuclear Regulatory Commission staff to evaluate a U.S. Department of Energy license application for a geologic repository. It is not a regulation and does not impose regulatory requirements. 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.” The Secretary of Energy has recommended the Yucca Mountain site to the President for the development of a Yucca Mountain repository. The President has notified Congress that he considers the Yucca Mountain site qualified for

application for a construction authorization for a repository. Nevada filed a notice of disapproval of the President’s recommendation; however, Congress later approved the site recommendation. The U.S. Department of Energy may now submit a license application to the U.S. Nuclear Regulatory Commission. The principal purpose of the Yucca Mountain Review Plan is to ensure the quality, uniformity, and consistency of U.S. Nuclear Regulatory Commission staff reviews of the license application and any requested amendments. The Yucca Mountain Review Plan has separate sections for reviews of general information, 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 section addresses determining compliance with specific regulatory requirements from 10 CFR Part 63. The regulations and the Yucca Mountain Review Plan are risk-informed, performance-based to the extent practical.

Draft Revision 2 of the Yucca Mountain Review Plan was made available for public comment in March 2002. This Final Revision 2 reflects revisions to address those comments, as appropriate. Source: Nuclear Regulatory Commission.