In response to the remand of the U.S. Court of Appeals for the District of Columbia Circuit (Minnesota v. NRC, 602 F.2d 412 (1979)), and as a continuation of previous proceedings conducted in this area by NRC (44 Fed. Reg. 61,372), the Commission initiated a generic rulemaking proceeding on October 25, 1979.

The success of the Civilian Radioactive Waste Management Program of the U.S.
Department of Energy (DOE) is critical to U.S. ability to manage and dispose of
nuclear waste safely--and to the reestablishment of confidence in the nuclear energy
option in the United States. The program must conform with all applicable standards
and, in fact, set the example for a national policy on the safe disposal of radioactive
waste.
The Secretary of Energy has recently completed an extensive review of the

The main question before the Transportation and Storage Subcommittee was whether the United States
should change its approach to storing and transporting spent nuclear fuel (SNF) and high-level
radioactive waste (HLW) while one or more permanent disposal facilities are established.
To answer this question and to develop specific recommendations and options for consideration by the
full Commission, the Subcommittee held multiple meetings and deliberative sessions, visited several

The Disposal Subcommittee of the Blue Ribbon Commission on America’s Nuclear Future (BRC) addressed a wide-ranging set of issues, all bearing directly on the central question: “How can the United States go about establishing one or more disposal sites for high-level nuclear wastes in a manner and within a timeframe that is technically, socially, economically, and politically acceptable?”

Since a 1985 decision by President Reagan that a separate permanent repository for disposal of
defense high level waste was not required1, DOE has planned for disposal of all high-level waste
and spent fuel from national defense activities and DOE’s own research activities in a repository
for commercial waste developed under the Nuclear Waste Policy Act (NWPA). The Commission
has heard recommendations from some commenters2 that this decision be revisited, or even

An Account of the Programs of Federal Agencies and Events That Have Led to the Selection of a Potential Site for a Geologic Repository for High-Level Radioactive Waste

How to dispose of highly radioactive wastes from commercial nuclear power plants is a question that has remained unresolved in the face rapidly changing technological, economic, and political requirements. In the three decades following WWII, two federal agencies -- the Atomic Energy Commission and the Energy Research and Development Administration -- tried unsuccessfully to develop a satisfactory plan for managing high level wastes.

The effective termination of the Yucca Mountain program by the U.S. Administration in 2009
has further delayed the construction and operation of a permanent disposal facility for used fuel
and high level radioactive waste (HLW) in the United States. In concert with this decision, the
President directed the Energy Secretary to establish the Blue Ribbon Commission on America’s
Nuclear Future to review and provide recommendations on options for managing used fuel and

Approximately 54,000 tons of spent nuclear fuel are stored at operating nuclear power plants and several decommissioned power plants throughout the country. Spent fuel storage at these sites was never intended to be permanent. The current Federal plan is to place the fuel in a repository for permanent disposal in Nevada at Yucca Mountain.

The Nuclear Waste Policy Act of 1982, as amended, established a statutory basis
for managing the nation’s civilian (or commercially produced) spent nuclear
fuel. The law established a process for siting, developing, licensing, and constructing
an underground repository for the permanent disposal of that waste.
Utilities were given the primary responsibility for storing spent fuel until it is
accepted by the Department of Energy (DOE) for disposal at a repository —
originally expected to begin operating in 1998. Since then, however, the repository

The issue of interim storage of used (spent)1 fuel is dependent on a number of key factors, some
of which are not known at this time but are the subject of this study. The first is whether or not
the Yucca Mountain Project continues or is cancelled such that it may be able to receive spent
fuel from existing and decommissioned nuclear power stations. The second is whether the United
States will pursue a policy of reprocessing and recycling nuclear fuel. The reprocessing and

In June 2008, the U.S. Department of Energy (DOE) submitted a license application to the U.S. Nuclear Regulatory Commission (NRC) for the construction of a geologic repository at Yucca Mountain, Nevada, for the disposal of spent nuclear fuel and high-level radioactive waste. The license application was accepted for formal NRC review in September 2008. Throughout the more than 20-year history of the Yucca Mountain project, EPRI has performed independent assessments of key technical and scientific issues to facilitate an understanding of overall repository performance.

There has been a resurgence of interest in the possibility of processing the US spent nuclear fuel, instead of burying it in a geologic repository. Accordingly, key topical findings from three relevant EPRI evaluations made in the 1990-1995 timeframe are recapped and updated to accommodate a few developments over the subsequent ten years. Views recently expressed by other US entities are discussed.

This report presents the results of a critical review of the technological challenges to the growth of nuclear energy, emerging advanced technologies that would have to be deployed, and fuel cycle strategies that could conceivably involve interim storage, plutonium recycling in thermal and fast reactors, reprocessed uranium recycling, and transmutation of minor actinide elements and fission products before eventual disposal of residual wastes.

As nuclear power plants began to run out of storage capacity in spent nuclear fuel (SNF) storage pools, many nuclear operating companies added higher density pool storage racks to increase pool capacity. Most nuclear power plant storage pools have been re-racked one or more times. As many spent fuel storage pools were re-racked to the maximum extent possible, nuclear operating companies began to employ interim dry storage technologies to store SNF in certified casks and canister-based systems outside of the storage pool in independent spent fuel storage installations (ISFSIs).

Since 1989, EPRI has been conducting independent assessments of the proposed deep geologic repository for the disposal of spent nuclear fuel and high level radioactive waste at Yucca Mountain, Nevada. EPRI pioneered application of the total system performance assessment (TSPA) approach for evaluating performance of geologic repository systems on a probabilistic basis. Along the way, EPRI developed the Integrated Multiple Assumptions and Release Code (IMARC) as its primary analytical tool for TSPA-based evaluations.

The effective termination of the Yucca Mountain program by the U.S. Administration in 2009
has left the U.S. program for management of used fuel and high level radioactive waste (HLW)
in a state of uncertainty. In concert with this major policy reset and in response to the resulting
policy vacuum, the President directed the Energy Secretary to establish the Blue Ribbon
Commission on America’s Nuclear Future (BRC) “…to conduct a comprehensive review of
policies for managing the back end of the nuclear fuel cycle and to provide recommendations for

U.S. efforts to site and construct a deep geologic repository for used fuel and high level
radioactive waste (HLW) proceeded in fits and starts over a three decade period from the late
1950s until 1982, when the U.S. Congress enacted the Nuclear Waste Policy Act (NWPA). This
legislation codified a national approach for developing a deep geologic repository. Amendment
of the NWPA in 1987 resulted in a number of dramatic changes in direction for the U.S.
program, most notably the selection of Yucca Mountain as the only site of the three remaining

The effective termination of the Yucca Mountain program by the U.S. Administration in 2009 has further delayed the construction and operation of a permanent disposal facility for used fuel and high level radioactive waste (HLW) in the United States. In concert with this decision, the President directed the Energy Secretary to establish the Blue Ribbon Commission on America's Nuclear Future to review and provide recommendations on options for managing used fuel and HLW.

Projected expansion of nuclear power beyond the year 2014 will result in the need for commercial spent nuclear fuel (CSNF) management options in addition to the currently legislated CSNF storage capacity at the proposed Yucca Mountain geological repository. At present, 70,000 MTHM of storage capacity has been authorized, with a projection that 63,000 MTHM would be used for CSNF. This report extends preliminary analyses of the maximum physical capacity of the Yucca Mountain repository, presented in EPRI report 1013523.