Further Actions Approved re Yucca Mountain Licensing Process

The U.S. Nuclear Regulatory Commission (NRC) has approved further actions related to its review of the U.S. Department of Energy’s (DOE’s) application for authorization to construct a high-level radioactive waste repository at Yucca Mountain in Nevada.

In particular, the next steps involve information-gathering activities related to the suspended adjudication on the application.  The activities are intended to enable efficient, informed decisions in support of executing any further appropriations of funds for the High-Level Waste Program.

Overview  The Commission has directed agency staff to hold a virtual meeting of the Licensing Support Network Advisory Review Panel to provide information to, and gather input from, advisory panel members and the public regarding reconstitution of the Licensing Support Network (LSN) or a suitable replacement system.  Agency staff will also gather preliminary information regarding potential hearing venues.

The Commission limited expenditures for the information-gathering activities to $110,000 from the Nuclear Waste Fund.  As of June 30, 2017, NRC had approximately $634,000 in remaining unobligated Nuclear Waste Fund appropriations.

Background  The LSN was an online database of nearly 4 million documents created to allow various parties and the public access to information needed for the hearing on DOE’s request for a construction authorization for the Yucca Mountain repository.  The NRC’s Atomic Safety and Licensing Boards (ASLB) had admitted nearly 300 contentions from various parties challenging aspects of DOE’s application.

In September 2011, the Yucca Mountain hearing was suspended and the LSN was decommissioned after Congress reduced funding.  At the time, the Commission directed agency staff to preserve the documents from the LSN within ADAMS.

Subsequently, in August 2013, the U.S. Court of Appeals for the District of Columbia Circuit ordered the NRC to resume its review of the application using the remaining previously appropriated funds.  In response, NRC staff completed the Safety Evaluation Report (SER) in January 2015 and a supplement to DOE’s Environmental Impact Statement (EIS) in May 2016.

The Commission’s Staff Requirements Memorandum (SRM), Commission voting records and the staff’s proposal (COMSECY-17-0019) are available on the NRC website at www.nrc.gov.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

NRC Amends Licensing, Inspection and Annual Fees for FY 2017

On June 30, 2017, the U.S. Nuclear Regulatory Commission announced that the agency has amended its existing regulations to reflect the licensing, inspection, special project and annual fees it will charge applicants and licensees for fiscal year 2017.  The amended regulations reduce annual fees for most licensees, primarily due to a decrease in the agency’s budget.

Overview  Annual fees for FY 2017 decrease by 7.5 percent over last year for operating reactors; 2 to 11 percent for most fuel facilities; less than 1 percent for research and test reactors; and, 4.6 percent for spent fuel storage and reactor decommissioning licensees.  Fees increase by 13 percent for
 U.S. Department of Energy (DOE) uranium recovery activities, while other uranium recovery licensees remain flat.  For the final rule, the NRC has lowered the hourly rate of staff review time from $265 to $263 for FY 2017.  Fees charged under 10 CFR Part 170 have been updated accordingly.

The NRC estimates the FY 2017 annual fees will be paid by licensees of 99 operating commercial power reactors, four research and test reactors, 122 spent nuclear fuel storage and decommissioning reactor facilities, nine fuel cycle facilities, 10 uranium recovery facilities and approximately 2,700 nuclear materials licensees.  The final rule implements several process improvements approved by the Commission in
FY 2016 aimed at making the NRC’s fees process more efficient and transparent.  Of 14 process improvements, 10 have been fully implemented, with the remainder due to be completed by September 30, 2017. 

Background  A proposed fee rule was published for public comment on January 30, 2017.  The final rule was published in the Federal Register on June 30, 2017.  (See 82 Federal Register 30,682.)  The rule includes fees required by law to recover approximately 90 percent of the NRC’s budget.  For FY 2017, the NRC received total budget authority of $940.1 million, including $23 million in prior year carryover funds.  The carryover funds are not included in the calculation of fees for
FY 2017.

The NRC’s required fee recovery amount for FY 2017, after billing and collection adjustments, is $805.9 million.  Approximately 37 percent, or $297.3 million, of the fees will recover the cost of specific services to applicants and licensees under 10 CFR Part 170.  The remaining 63 percent,
$508.6 million, will be billed as annual fees to licensees under 10 CFR Part 171.

For additional information, please contact David McIntyre at (301) 415-8200.

Federal and State Officials Attend WIPP Reopening Ceremony

On January 9, 2017, U.S. Department of Energy (DOE) Secretary Ernest Moniz and DOE Office of Environmental Management (EM) Assistant Secretary Monica Regalbuto joined New Mexico Governor Susana Martinez and others to mark the reopening and resumption of waste operations at the Waste Isolation Pilot Plant (WIPP), which is located approximately 40 miles southeast of Carlsbad, New Mexico.  U.S. Senator Martin Heinrich, U.S. Reps. Steve Pearce and Michelle Lujan Grisham, and Carlsbad Mayor Dale Janway also attended the celebration.

Waste emplacement activities were suspended at WIPP following a waste drum rupture in an underground storage panel and a separate underground fire in early 2014. “The tireless efforts by the workforce, the contractor and federal management and the community to make WIPP a safer place to fulfill its critical mission is a remarkable feat,” said Energy Secretary Moniz.


On December 23, 2016, DOE and the New Mexico Environment Department (NMED) authorized WIPP to reopen following almost three years of recovery operations due the early 2014 underground fire and subsequent unrelated fire.  Twelve days later, on January 4, 2017, the Nuclear Waste Partnership (NWP) began moving waste underground from the Waste Handling Building.

The Waste Handling Building, which contains approximately 40,000 square meters of storage space, was originally intended to store waste before underground disposal at the WIPP facility.  However, it began being used for indefinite storage following the suspension of disposal operations in early 2014.  NMED, which serves as the WIPP facility’s primary state regulator, has set a deadline to clear out the Waste Handling Building by June 30, 2017—although DOE is considering a more ambitious timeframe according to various news outlets.  Transuranic waste stored at the Waste Handling Building must be disposed below ground before WIPP can resume accepting new shipments of nuclear waste from across the DOE nuclear complex.

According to DOE, the WIPP facility is expected to accept approximately five shipments per week once shipments are resumed to the mine.  Prior to the 2014 accidents, the WIPP facility was accepting more than 15 shipments per week.  According to the Department’s 2016 Annual Transuranic Waste Inventory Report, there was approximately 45,000 cubic meters of contact-handled transuranic waste destined for the WIPP facility across 14 sites in the DOE’s nuclear complex.  In addition, there was approximately 2,500 cubic meters of remote-handled transuranic waste at 11 sites. These figures, according to the report, do not include transuranic waste that DOE expects to generate from ongoing and future Department cleanup operations.

In July 2016, DOE approved strict new waste acceptance criteria for the WIPP facility.  DOE sites will not be able to ship waste to the facility unless it meets the new criteria, which has created some challenges in cases where waste was packaged under the old criteria, but will now need to be certified to meet the new criteria.  DOE has not yet announced which sites will ship waste to WIPP first.


Transuranic waste began accumulating in the 1940s with the beginning of the nation’s nuclear defense program.  As early as the 1950’s, the National Academy of Sciences (NAS) recommended deep disposal of long-lived transuranic radioactive wastes in geologically stable formations, such as deep salt beds.  Sound environmental practices and strict regulations require such wastes to be isolated to protect human health and the environment.

Bedded salt is free of fresh flowing water, easily mined, impermeable and geologically stable—an ideal medium for permanently isolating long-lived radioactive wastes from the environment.  However, its most important quality in this application is the way salt rock seals all fractures and naturally closes all openings.

Throughout the 1960’s, government scientists searched for an appropriate site for radioactive waste disposal, eventually testing a remote desert area of southeastern New Mexico where, 250 million years earlier, evaporation cycles of the ancient Permian Sea had created a 2,000-foot-thick salt bed.

In 1979, Congress authorized the WIPP facility, which was constructed during the 1980’s.  Congress limited WIPP to the disposal of defense-generated transuranic wastes.  In 1998, EPA certified WIPP for safe, long-term disposal of TRU wastes.

In February 2014, DOE suspended operations at WIPP following an accidental radiation release and unrelated underground fire.  DOE spent nearly three years on recovery operations at an estimated cost of approximately $1.5 billion, including NWP’s management and operations contract.  DOE is still working to return the underground ventilation back up to pre-accident levels, which is expected to push the total bill for the recovery closer to $2 billion.

Additional information is available on the U.S. Department of Energy’s website at http://www.wipp.energy.gov/wipprecovery/recovery.html.

NAS Hosts LLW Management and Disposition Workshop

On October 24-25, 2016, the Nuclear and Radiation Studies Board, Division on Earth and Life Studies, of the National Academies of Sciences, Engineering and Medicine hosted a low-level radioactive waste management and disposition workshop.  The workshop was held at the Keck Center of the National Academies, which is located at 500 Fifth Street NW in Washington, DC.

The U.S. Department of Energy’s Office of Environmental Management (DOE-EM) is responsible for the cleanup of the sites used by the federal government for nuclear weapons development and nuclear energy research.  DOE-EM cleanup involves retrieval, treatment, storage, transportation, and disposition of hundreds of different radioactive and hazardous solid and liquid wastes.

Low-level radioactive waste—which is defined by exclusion as waste that does not meet the statutory definitions for spent nuclear fuel, high-level radioactive waste, or transuranic waste—is physically and chemically diverse, ranging from lightly contaminated soils and building materials to highly irradiated nuclear reactor components.  It is the most volumetrically significant waste stream (millions of cubic meters) being generated by the cleanup program.

The workshop considered similarities between successful case studies, in which unique disposition pathways have been developed to address low-level radioactive wastes, and explored ways to extend these similar characteristics to problematic wastes—i.e., low-level radioactive wastes currently without a clear disposition pathway.

Specifically, the workshop explored:

  •   the key physical, chemical, and radiological characteristics of low-level radioactive waste that govern its safe and secure management (i.e., packaging, transport, storage) and disposition, in aggregate and for individual waste-streams; and,
  •   how key characteristics of low-level waste are incorporated into standards, orders, and regulations that govern the management and disposition of low-level radioactive waste in the United States and in other major waste-producing countries.

For additional information about the meeting, please go to http://dels.nas.edu/Upcoming-Workshop/Level-Radioactive-Waste-Management/AUTO-6-58-82-D?bname=nrsb.

Final Supplement Issued for
 Yucca Mountain EIS

In early May 2016, the U.S. Nuclear Regulatory Commission (NRC) published the staff’s final Environmental Impact Statement (EIS) supplement on a proposed permanent repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain in Nevada.  The supplement analyzes potential impacts on groundwater and surface groundwater discharges and determines all impacts would be “small.”


The May 2016 NRC document that supplements Environmental Impact Statements that the U.S. Department of Energy (DOE) prepared on the proposed repository.  DOE issued the final EIS in 2002, then supplemented it in June 2008 when it submitted a construction authorization application to the NRC.

Under the Nuclear Waste Policy Act, the NRC is to adopt DOE’s EIS to the extent practicable.  In September 2008, NRC staff recommended adoption of DOE’s Environmental Impact Statements, but noted the need to supplement the study of groundwater effects in the Yucca Mountain aquifer beyond DOE’s analyzed location at the site boundary.  DOE ultimately deferred to the NRC to prepare the supplement.


In August 2015, NRC published a draft of the supplement for public comment.  (See LLW Notes, July/August 2016, pp. 28-29.)  During the 91-day comment period, NRC staff conducted public meetings to present the report and receive comments in Rockville, Maryland and in Las Vegas and Amargosa Valley, Nevada.

The NRC received more than 1,200 comments on the draft supplement, including comment letters and oral comments.  The NRC staff’s responses to these comments, and descriptions of changes made to the final report in response to comments, can be found in Appendix B of the supplement.

The supplement to the Yucca Mountain EIS is available on the NRC’s website at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr2184/.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.