Process for Evaluating the Suitability of the Yucca Mountain Site for Development as a Repository for High-Level Radioactive Waste and Spent Nuclear Fuel

DEPARTMENT OF ENERGY

Office of Civilian Radioactive Waste Management

10 CFR Part 960

Process for Evaluating the Suitability of the Yucca Mountain Site

for Development as a Repository for High-Level Radioactive Waste and

Spent Nuclear Fuel

AGENCY: Office of Civilian Radioactive Waste Management.

ACTION: Notice of inquiry and of public meeting.

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SUMMARY: Through this Notice of Inquiry (Notice) the Department of

Energy (Department) desires to elicit the views of members of the

general public on the process of evaluation of the suitability of Yucca

Mountain, Nevada, as a permanent repository for spent nuclear fuel and

high-level radioactive waste. In addition, the Department invites

comments on opportunities for and types of public involvement in the

process of site suitability evaluation. The Department invites

interested parties to provide written comments during the term

specified in this Notice.

The Department will conduct a public meeting on May 21, 1994, in

Las Vegas, Nevada, for the purpose of providing interested parties with

an opportunity to present their views on these and other issues. The

public meeting will also provide a forum to discuss the subject of

stakeholder involvement generally, as a follow-up to a previous

stakeholder meeting held in August 1993. An update on Civilian

Radioactive Waste Management Program developments will be provided to

meeting attendees. Additional information on the public meeting may be

obtained from the individuals noted below.

DATES: Written comments are due on or before June 24, 1994. The Meeting

will be on May 21, 1994, from 7:30 a.m. to 5:30 p.m.

ADDRESSES: Written comments should be submitted to: Dr. Jane R.

Summerson, Department of Energy, Office of Civilian Radioactive Waste

Management RW-22, 1000 Independence Avenue SW., Washington DC 20585.

The meeting will be held at: The Mirage Hotel, Las Vegas, Nevada.

FOR FURTHER INFORMATION CONTACT: Mr. Wolf Repke, Yucca Mountain Site

Characterization Project Office, M/S 523, Phase 2, suite 200, 101

Convention Center Drive, Las Vegas, NV 89109, (702) 794-7943.

SUPPLEMENTARY INFORMATION:

I. Background

The Nuclear Waste Policy Act of 1982, as amended (Act), 42 U.S.C.

10101 et seq., provides a comprehensive framework for the development

of repositories for the disposal of high-level radioactive waste and

spent nuclear fuel. Section 112(a) of the Act directed the Department

of Energy (the Department) to do the following: (1) Issue general

guidelines for the recommendation of sites for repositories; and (2)

use such guidelines in considering candidate sites for recommendation.

Section 112(a) further provides that the Secretary of Energy may revise

such guidelines from time to time. Section 112(a) of the Act provides

that the guidelines developed pursuant to Section 112(a) have to be

concurred in by the Nuclear Regulatory Commission and submitted to the

Governor or legislature of the State of Nevada for their review and

comment.

Section 113(b) of the Act, which concerns site characterization, in

effect, directs the Department to develop guidelines to be used to

determine the suitability of a candidate site for the location of a

repository, developed pursuant to section 112(a) of the Act.

In accordance with sections 112(a) and 113(b)(1), the Department

promulgated, as a regulation, General Guidelines for the Recommendation

of Sites for Nuclear Waste Repositories (10 CFR part 960).

In accordance with Section 113 of the Act, the Department is

conducting site characterization activities at the Yucca Mountain site

to provide data required for evaluation of the suitability of the site

for construction and operation of a repository for disposal of spent

nuclear fuel and high-level radioactive waste in accordance with the

Act and the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.).

In view of the importance of the site suitability evaluation, the

Department is seeking the views of interested parties regarding an

evaluation process which can earn public trust and confidence in the

suitability of the Yucca Mountain Site.

The Department will use the information obtained in response to

this Notice as it proceeds with the development of the site suitability

evaluation process.

II. Site Suitability Evaluation

A. Public Involvement

The Department seeks comments of interested parties on mechanisms

and timing for providing input to the Department on the evaluation of

site suitability. The Department seeks comments on the type of

information the public needs in order to understand the site

suitability evaluation, the public's preferences regarding involvement

methods such as workshops and public meetings, and any other

considerations.

B. Adequacy of Guidelines

The guidelines referenced above (10 CFR part 960) provide that the

Department may consider revision if necessary. The Department

periodically reviews the guidelines for that purpose. The Department

seeks the views of interested parties regarding the guidelines, and in

particular their role in the evaluation of site suitability. The

options on which the Department seeks comments include using the

guidelines as they stand and conducting a rulemaking to amend the

guidelines. DOE also requests comment on the desirability of removing

portions of 10 CFR part 960 which have been made obsolete by the

Nuclear Waste Policy Act Amendments of 1987 (Title V of Pub. L. 100-

203) and which may cause confusion because they continue to appear in

the Code of Federal Regulations.

C. Peer Review of Scientific and Technical Information

Site Suitability Evaluations will include the review of scientific

and technical information by experts who are recognized as such by

their peers in their fields of knowledge. The Department seeks comments

on the appropriate use of peer reviews in site suitability evaluations,

how to select peer reviewers, the roles of existing expert groups such

as the Nuclear Waste Technical Review Board and the National Academy of

Sciences, and other considerations.

D. Other Considerations

In addition to the topics mentioned above, the Department seeks

other comments regarding the evaluation of site suitability.

E. Public Meeting

The Department will hold a public meeting at the Mirage Hotel, Las

Vegas, Nevada, on Saturday, May 21, 1994. The purposes of this meeting

are to provide: (1) A follow-up to the stakeholder meeting held last

August; (2) an update on Yucca Mountain site characterization

activities; and (3) an opportunity for continued dialogue among

interested parties. In addition, the afternoon session will give

attendees an opportunity to discuss the evaluation of site suitability.

The preliminary agenda is as follows:

7:30 a.m.-7:45 a.m.--Welcome and Introductions

7:45 a.m.-8:45 a.m.--Discussion of the August 1993 Stakeholders'

Meeting

8:45 a.m.-9 a.m.--Introduction of the Administration's Proposal

9 a.m.-12 p.m.--Roundtable Discussion of Administration's Proposal

12 p.m.-1:30 p.m.--Lunch

1:30 p.m.-5 p.m.--Discussion on Site Suitability Evaluation

Brief Presentation

Break-out Sessions

Round-up

5 p.m.- 5:30 p.m.--Discussion of Agenda and the process for future

OCRWM stakeholder meetings

The Department seeks comments from the public on the Agenda and

topics to be covered, and encourages participation in the meeting.

Issued in Washington DC April 19, 1994.

Lake H. Barrett,

Deputy Director, Office of Civilian Radioactive Waste Management.

[FR Doc. 94-9924 Filed 4-22-94; 8:45 am]

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