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High-Level Waste Disposal Licensing

Many steps remain to be completed before any NRC licensing action of a high-level waste repository could occur. These steps are defined in the Nuclear Waste Policy Act of 1982. Only after the steps are completed could the DOE submit a license application to the NRC.

• Licensing Process
• Hearing Process

Licensing Process

If the site is approved by the President and Congress, the Nuclear Waste Policy Act specifies that licensing of a geologic repository will occur in three phases. In the first phase, the Department of Energy (DOE) would apply to the NRC for authorization to construct a geologic repository. Once a construction authorization request is submitted, by law, the NRC will have three years to perform its review, conduct a public hearing, and reach a construction authorization decision by an independent Licensing Board. To comply with this schedule, the NRC is already reviewing the DOE's site characterization activities and investigations to identify and resolve potential licensing issues. However, during the licensing proceeding itself, all issues, including those previously resolved, can potentially be reopened by the Licensing Board and become issues of contention during the hearing. Should a license for construction authorization be granted by the NRC, then the process would enter the second phase.

In the second phase, as construction of the repository nears completion, the DOE will request a license to receive high-level radioactive waste. If the NRC grants that license, the DOE will begin placing high-level radioactive waste into the repository. In the third phase, when the repository is full, the DOE will apply for a license amendment to decommission and permanently close the disposal facility.

For each phase of the licensing process, the same licensing procedures are followed by the NRC. For instance, for the construction authorization phase, the NRC process for licensing a high-level waste repository includes an initial review of the application to learn whether it is complete. If the application is incomplete it will be returned to DOE. If the application is complete, it will be docketed, and a public notice will be published. The public notice provides information on how the application can be accessed by the public, and it will offer the opportunity for public intervention in a public hearing on the application. After the NRC reviews the application and completes a hearing it will make a decision on whether to authorize construction of a high-level waste repository by the DOE.

Hearing Process

If disputed matters were involved in the licensing of a high-level waste nuclear repository, the NRC could conduct hearings. Stakeholders affected by such a facility would be afforded an opportunity to participate in a hearing. The parties and potential parties to the hearing on the DOE application will make their documents available via the Internet before the DOE application is submitted to the NRC. The Atomic Safety and Licensing Board Panel of the NRC has developed the Licensing Support Network. The Licensing Support Network provides a single place where the parties and potential parties to the licensing hearing can search for documents from any or all of those collections in a uniform way.