[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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