[Federal Register Volume 66, Number 169 (Thursday, August 30, 2001)]
[Notices]
[Pages 45845-45846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21961]



[[Page 45845]]

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DEPARTMENT OF ENERGY


Office of Civilian Radioactive Waste Management; Site 
Recommendation Consideration; Suggested Topics for Public Comment 
Process

AGENCY: Office of Civilian Radioactive Waste Management, Department of 
Energy.

ACTION: Notice of suggested topics for public comment.

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SUMMARY: The Department of Energy (the Department) provides suggested 
topics for public consideration regarding the possible recommendation 
by the Secretary of Energy to the President of the Yucca Mountain Site 
in Nevada for development as a spent nuclear fuel and high-level 
nuclear waste geologic repository, pursuant to Section 114(a)(1) of the 
Nuclear Waste Policy Act of 1982, as amended (NWPA).

DATES: As announced previously in the Federal Register (66 FR 43850-
43851), written comments on the Secretary's consideration of Yucca 
Mountain for a potential site recommendation to the President will be 
accepted for consideration if received by September 20, 2001. Comments 
received after September 20, 2001, will be considered to the extent 
practicable.

ADDRESSES: Written comments should be addressed to Carol Hanlon, U.S. 
Department of Energy, Yucca Mountain Site Characterization Office, (M/S 
#025), P.O. Box 30307, North Las Vegas, Nevada 89036-0307, or provided 
by electronic mail to [email protected]. Written comments should be 
identified on the outside of the envelope, and on the comments 
themselves, with the designation: A Possible Site Recommendation for 
Yucca Mountain. Comments can also be submitted by facsimile to 1-800-
967-0739.
    Copies of any written comments, and documents referenced in this 
notice may be inspected and photocopied in the Department's Freedom of 
Information Act Reading Room located at the Yucca Mountain Science 
Center, 4101B Meadows Lane, Las Vegas, Nevada, (702) 295-1312, between 
the hours of 10:00 a.m. and 6:00 p.m. Tuesday through Friday, and 10:00 
a.m. and 4:00 p.m. on Saturday, except for Federal holidays. Documents 
referenced in this notice may be found on the Internet at http://www.ymp.gov and at http://www.rw.doe.gov.

FOR FURTHER INFORMATION CONTACT: U.S. Department of Energy, Office of 
Civilian Radioactive Waste Management, Yucca Mountain Site 
Characterization Office, (M/S #025), P.O. Box 30307, North Las Vegas, 
Nevada 89036-0307, 1-800-967-3477.

SUPPLEMENTARY INFORMATION: On May 7, 2001, the Department announced in 
the Federal Register (66 FR 23013-23016) the initiation of a public 
comment period on the Secretary's consideration of the Yucca Mountain 
site for recommendation as a spent nuclear fuel and high-level waste 
repository. In conjunction with the initiation of the comment period, 
the Department issued a report, the Yucca Mountain Science and 
Engineering Report (YMS&ER), summarizing the scientific and technical 
information compiled by the Department to date outlining the 
preliminary design and performance attributes of a potential geologic 
repository at the Yucca Mountain site. This report was provided to 
inform the public and facilitate public comment and review on the 
technical and scientific information and analyses forming the basis for 
the Department's consideration of a possible site recommendation.
    On August 21, 2001, the Department announced in the Federal 
Register (66 FR 43850-43851) the issuance of another report, the 
Preliminary Site Suitability Evaluation (PSSE), that also is intended 
to inform the public and facilitate public review and comment on a 
possible site recommendation. The PSSE contains a preliminary 
evaluation of the suitability of the Yucca Mountain site for 
development as a geologic repository based on the Department's proposed 
site suitability regulations, to be codified as 10 CFR part 963. The 
preliminary evaluation described in the PSSE is based on information 
contained in the YMS&ER, supplemented by the most recent available 
technical information. The Department also announced in that notice the 
scheduling of public hearings, pursuant to Section 114 (a)(1) of the 
NWPA, and the date for the closure of the public comment period 
(September 20, 2001).
    Over the next several months, the Secretary will carefully consider 
a large body of scientific documents, as well as the views of the 
public, in determining whether to recommend to the President that the 
Yucca Mountain site be developed as a repository for spent nuclear fuel 
and high level radioactive waste. In order to encourage and facilitate 
public participation in that process, the Department has sent the 
attached letter to a list of governmental officials and members of the 
public whose interest in commenting the Department has anticipated. The 
letter contains a list of suggested topics for public comment. The list 
is not intended to be comprehensive. Nor is it intended to inhibit the 
public from commenting on any other relevant technical, policy or other 
issue related to a possible recommendation of the site. The Department 
is publishing the attached letter today so that members of the public 
who do not receive an actual copy will have the opportunity to add 
their comments in response to the suggested topics.

    Issued in Washington, D.C. on August 27, 2001.
Ronald A. Milner,
Chief Operating Officer, Office of Civilian Radioactive Waste 
Management.

Attachment

Dear ______
    Over the next several months the Secretary of Energy will 
carefully consider a large body of scientific documents, as well as 
the views of the public, and decide whether or not to recommend to 
the President that Yucca Mountain be developed to serve as our 
repository for spent nuclear fuel and high level radioactive waste. 
As you probably know, on August 21, 2001, the Department of Energy 
(Department) published a Federal Register notice (66 FR 43850) which 
scheduled public hearings and announced a closing date of September 
20, 2001 for public comments on this possible recommendation by the 
Secretary. Your comments in response to this notice would be very 
much appreciated.
    The Nuclear Waste Policy Act, as amended (the Act), establishes 
the Federal responsibility for the final disposition of spent 
nuclear fuel and high level radioactive waste in the United States. 
This responsibility includes 50 years of defense legacy wastes that 
have resulted from the development of nuclear weapons, spent fuel 
that has provided power for the United States Navy, spent fuel from 
the Nation's university research reactors, and spent fuel from the 
Nation's civilian reactors, which provide approximately twenty 
percent of our domestic electricity supply.
    The Department has spent 20 years and over $6.7 billion studying 
various means to fulfill the Federal responsibility. Since 1987, at 
the direction of the Act, the Department has been required to focus 
exclusively on the Yucca Mountain site. The result of this effort is 
contained within the Yucca Mountain Preliminary Site Suitability 
Evaluation (PSSE) and other scientific documents produced by the 
Department. The PSSE and these other supporting technical documents 
are available on the Internet (http://ymp.gov), or may be requested 
by telephone (1-800-967-3477).
    The Secretary's recommendation regarding the Yucca Mountain site 
is an important intermediate step in the decades-long process for 
siting and developing a repository. If the Secretary determines that 
the scientific evaluation of the site indicates the site is suitable 
for development of a repository, he may then submit a recommendation 
for site development to the President. If the

[[Page 45846]]

President accepts the Secretary's positive recommendation, he would 
recommend the site as qualified for application for a construction 
license from the Nuclear Regulatory Commission (NRC). The State of 
Nevada would then have the opportunity to submit a disapproval 
notice. If it does so, Congress would have to pass a law approving 
the President's recommendation in order for it to take effect. If 
the President's recommendation does take effect, the Department 
would then prepare and submit a construction license application to 
NRC.
    It is important to note that, following a possible Presidential 
recommendation and prior to either the construction of or use of a 
repository, numerous additional steps must be satisfied. These steps 
include consideration of the Presidential recommendation by the 
State of Nevada and possibly the United States Congress. In 
addition, construction of a facility and receipt of waste requires 
the issuance of a construction license and a license to possess 
nuclear material, respectively, by the NRC after a rigorous review 
process with public involvement.
    In providing comments to the Department, there are a number of 
topics regarding which your views and comments would be appreciated. 
An outline of these topics is attached for your use. The Department 
also values any other comments you believe would be relevant to its 
consideration. Your participation on this critical issue is 
important and helpful. Thank you for your assistance.

      Sincerely,
Lake H. Barrett,
Acting Director, Office of Civilian Radioactive Waste Management.

Suggested Topics for Public Comment on Yucca Mountain

     Please provide your views concerning whether the Yucca 
Mountain Preliminary Site Suitability Evaluation (PSSE) and other 
scientific documents produced by the Department provide an adequate 
basis for finding that the Yucca Mountain site is suitable for 
development of a repository. If you believe that certain aspects of 
the PSSE are inadequate, please detail the basis for this belief and 
indicate how the documentation might be made adequate with respect 
to these aspects.
     If the Secretary determines that the scientific 
analysis indicates that the Yucca Mountain site is likely to meet 
the applicable radiation protection standards established by the 
Environmental Protection Agency and Nuclear Regulatory Commission, 
do you believe that the Secretary should proceed to recommend the 
site to the President at this time? If not, please explain.
     Are there any reasons that you believe should prevent 
the President from concluding that the Yucca Mountain site is 
qualified for the preparation and submission of a construction 
license application to the Nuclear Regulatory Commission?
     If you believe that the Secretary should not proceed 
with a recommendation to develop a repository at Yucca Mountain, 
what mechanism should be utilized to meet the Department's legal 
obligation to begin accepting spent nuclear fuel and high level 
radioactive waste?
     If you believe that the Secretary should not proceed 
with a recommendation to develop a repository at Yucca Mountain, 
what measures should the Nation consider for assuring safe disposal 
of spent nuclear fuel and high level radioactive waste?
     Please provide any other comments concerning any 
relevant aspect of the Yucca Mountain site for use as a repository, 
or that are otherwise relevant to the consideration of a possible 
recommendation by the Secretary.

[FR Doc. 01-21961 Filed 8-27-01; 4:47 pm]
BILLING CODE 6450-01-P