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Index > 10 CFR Subpart E -- Technical
Criteria
§60.101 Purpose and nature of findings.
(a)(1) Subpart B of this part prescribes the standards for issuance of
a license to receive and possess source, special nuclear, or byproduct
material at a geologic repository operations area. In particular,
§60.41(c) requires a finding that the issuance of a license will not
constitute an unreasonable risk to the health and safety of the public.
The purpose of this subpart is to set out performance objectives and site
and design criteria which, if satisfied, will support such a finding of no
unreasonable risk.
(2) While these performance objectives and criteria are generally
stated in unqualified terms, it is not expected that complete assurance
that they will be met can be presented. A reasonable assurance, on the
basis of the record before the Commission, that the objectives and
criteria will be met is the general standard that is required. For
§60.112, and other portions of this subpart that impose objectives and
criteria for repository performance over long times into the future, there
will inevitably be greater uncertainties. Proof of the future performance
of engineered barrier systems and the geologic setting over time periods
of many hundreds or many thousands of years is not to be had in the
ordinary sense of the word. For such long-term objectives and criteria,
what is required is reasonable assurance, making allowance for the time
period, hazards, and uncertainties involved, that the outcome will be in
conformance with those objectives and criteria. Demonstration of
compliance with such objectives and criteria will involve the use of data
from accelerated tests and predictive models that are supported by such
measures as field and laboratory tests, monitoring data and natural analog
studies.
(b) Subpart B of this part also lists findings that must be made in
support of an authorization to construct a geologic repository operations
area. In particular, §60.31(a) requires a finding that there is reasonable
assurance that the types and amounts of radioactive materials described in
the application can be received, possessed, and disposed of in a geologic
repository operations area of the design proposed without unreasonable
risk to the health and safety of the public. As stated in that paragraph,
in arriving at this determination, the Commission will consider whether
the site and design comply with the criteria contained in this subpart.
Once again, while the criteria may be written in unqualified terms, the
demonstration of compliance may take uncertainties and gaps in knowledge
into account, provided that the Commission can make the specified finding
of reasonable assurance as specified in paragraph (a) of this
section. |