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Legal Analysis of Commission Recommendations for Near-Term Actions

At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed whether certain recommendations in the BRC’s July 29, 2011 Draft Report respecting near-term actions by the Department of Energy (“DOE”) or other officers or agencies in the Executive Branch can be implemented under existing law. These recommendations relate to:
(1) Initial steps to site, license and construct consolidated interim storage facilities for spent nuclear fuel (“spent fuel”);

Management of Commercially Generated Radioactive Waste

In the course of producing electrical power in light water.reactors (LWRs), the uranium
fuel accumulates fission products until the fission process is no longer efficient for power
production. At that point the fuel is removed from the reactor and stored in water basins
to allow radioactivity to partially decay before further disposition. This fuel is referred
to as "spent fuel." Although spent fuel as At is discharged from a reactor is intensely
radioactive, it has been stored safely in moderate quantities for decades. Spent fuel could

Federal Policy for the Disposal of Highly Radioactive Wastes from Commercial Nuclear Power Plants

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 ROLE OF INDIAN TRIBES IN AMERICA’S NUCLEAR FUTURE

Indian tribes have voiced their tribal issues in the United States‘ nuclear effort since its
inception, with the siting of what would become Los Alamos National Laboratory adjacent to the
San Ildefonso Pueblo Reservation and the Hanford plutonium production works along waterways
shared with the Yakama Nation and other Indian tribes. The siting of a proposed repository at
Yucca Mountain, Nevada along with other activities conducted on the Nevada National Security
Site (NNSS) (formerly the Nevada Test Site), increased the need for the United States

Surveillance of Respiratory Diseases Among Construction and Trade Workers at Department of Energy Nuclear Sites

Background Medical screening programs were begun in 1996 and 1997 at three Department
of Energy (DOE) nuclear weapons facilities (Hanford Nuclear Reservation, Oak
Ridge, and the Savannah River Site) to evaluate whether current and former construction
workers are at significant risk for occupational illnesses. The focus of this report is
pneumoconiosis associated with exposures to asbestos and silica among workers enrolled
in the screening programs through September 30, 2001.

One Step at a Time: The Staged Development of Geologic Repositories for High-Level Radioactive Waste - Summary

A new report from the National Academies proposes a management approach called “adaptive staging” as a promising means to develop geologic repositories for high-level waste such as the proposed repository at Yucca Mountain, Nevada. Adaptive staging is a learn-as-you-go process that enables project managers to continuously reevaluate and adjust the program in response to new knowledge and stakeholder input.

Proposed Alternative Strategy for the Department of Energy's Civilian Radioactive Waste Management Program: A Task Force Report

Over the decade since NWPA, the disposal
program's strategy, based on its interpretation of the
legislative mandate and regulatory requirements, has
sought:
• in a single large step and under a tight
schedule, to achieve the first-of-a-kind licensing
of a first-of-a-kind repository for isolating
wastes from the human environment for many
thousands of years.
• in a single large step and as rapidly as possible,
to build a full-scale repository and begin
disposing of the bulk of the nation's inventory

Program on Technology Innovation: Advanced Fuel Cycles—Impact on High-Level Waste Disposal: Analysis of Deployment Scenarios of Fast Burner Reactors in the U.S. Nuclear Fleet

This report presents the results of a dynamic simulation analysis for deployment of advanced light water reactors (LWRs) and fast burner reactors, as proposed by the Global Nuclear Energy Partnership (GNEP) program. Conditions for the analysis were selected for their potential to challenge the nuclear fuel simulation codes that were used, due to the large variations in nuclear fuel composition for the burner reactors before equilibrium conditions are approached. The analysis was performed in a U.S.

Disposal and Storage of Spent Nuclear Fuel — Finding the Right Balance

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

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