80 FR 79872 - Invitation for Public Comment To Inform the Design of a Consent-Based Siting Process for Nuclear Waste Storage and Disposal Facilities

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 246 (December 23, 2015)

The U.S Department of Energy (DOE) is implementing a consent- based siting process to establish an integrated waste management system to transport, store, and dispose of commercial spent nuclear fuel and high level defense radioactive waste. In a consent-based siting approach, DOE will work with communities, tribal governments and states across the country that express interest in hosting any of the facilities identified as part of an integrated waste management system. As part of this process, the Department wants public input on implementing this system. In order to solicit public feedback, DOE is submitting this Invitation for Public Comment (IPC). Through this IPC, we are requesting feedback from communities, states, Tribes, and other interested stakeholders on how to design a consent-based siting process. In addition, the Department intends to host a series of public meetings to engage communities and discuss the development of a consent-based approach to managing our nation's nuclear waste.

[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Pages 79872-79874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32346]


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DEPARTMENT OF ENERGY


Invitation for Public Comment To Inform the Design of a Consent-
Based Siting Process for Nuclear Waste Storage and Disposal Facilities

AGENCY: Fuel Cycle Technologies, Office of Nuclear Energy, Department 
of Energy.

ACTION: Notice of Invitation for Public Comment (IPC).

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SUMMARY: The U.S Department of Energy (DOE) is implementing a consent-
based siting process to establish an integrated waste management system 
to transport, store, and dispose of commercial spent nuclear fuel and 
high level defense radioactive waste. In a consent-based siting 
approach, DOE will work with communities, tribal governments and states 
across the country that express interest in hosting any of the 
facilities identified as part of an integrated waste management system. 
As part of this process, the Department wants public input on 
implementing this system. In order to solicit public feedback, DOE is 
submitting this Invitation for Public Comment (IPC). Through this IPC, 
we are requesting feedback from communities, states, Tribes, and other 
interested stakeholders on how to design a consent-based siting 
process. In addition, the Department intends to host a series of public 
meetings to engage communities and discuss the development of a 
consent-based approach to managing our nation's nuclear waste.

DATES: Written comments will be accepted beginning December 23, 2015 
through June 15, 2016. Separate announcements will be made for each 
public meeting.

ADDRESSES: You may submit questions or comments by any of the following 
methods:

[[Page 79873]]

    Email: Responses may be provided by email to 
[email protected]. Please include ``Response to IPC'' in 
the subject line.
    Mail: Responses may be provided by mail to the following address: 
U.S. Department of Energy, Office of Nuclear Energy, Response to IPC, 
1000 Independence Ave SW., Washington, DC 20585.
    Fax: Responses may be faxed to 202-586-0544. Please include 
``Response to IPC'' on the fax cover page.
    Online: Responses will be accepted online at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for further information 
should be sent to [email protected]. Please include 
``Question on IPC'' in the subject line.

SUPPLEMENTARY INFORMATION: 

Background

    Electricity generated by nuclear energy has powered homes, schools, 
and industry in the United States since the 1950s. Nuclear material is 
used to power naval vessels and was used to build the U.S. nuclear 
weapon stockpile during the Cold War. These activities have generated 
spent nuclear fuel (SNF) and high-level radioactive waste (HLW).
    Isolating and containing this radioactive waste is necessary to 
ensure the long-term safety and security of the public and environment. 
Though the Cold War ended a quarter century ago and commercial nuclear 
power has been generated for over half a century, the country still 
lacks a permanent disposal solution for SNF and HLW. Instead, 
commercial SNF is stored at operating and shutdown reactor sites around 
the country while HLW from defense activities resides at Department of 
Energy sites. Previous attempts to develop long-term solutions for 
storage and disposal of this waste have resulted in controversy, 
litigation, protracted delays, and ultimately a failure to address the 
problem.\1\
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    \1\ Blue Ribbon Commission on America's Nuclear Future, Report 
to the Secretary of Energy, January 2012. http://energy.gov/ne/downloads/blue-ribbon-commission-americas-nuclear-future-report-secretary-energy.
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    Failure to dispose of nuclear waste has proven costly for energy 
ratepayers and taxpayers who are paying for the inability of the 
government to meet federal waste management commitments. States, 
Tribes, and others in the public carry the undue burden of hosting 
radioactive waste they were promised was only temporary.\2\ 
Collectively, we have the responsibility to dispose of waste using a 
process that is fair to present and future generations. We must live up 
to our obligations and develop a lasting solution.
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    \2\ Ibid.
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Purpose

    The purpose of this IPC is to seek input on the elements that the 
Department of Energy should consider in the development of a consent-
based siting process. As reflected in the Administration's Strategy for 
the Management and Disposal of Used Nuclear Fuel and High-Level Waste 
(Strategy),\3\ the Department concurs with the recommendation from the 
Blue Ribbon Commission on America's Nuclear Future that a phased, 
adaptive, consent-based siting process is the best approach to gain the 
public trust and confidence needed to site nuclear waste facilities. As 
the Department begins to consider a process for consent-based siting, 
we want to hear from all interested parties.
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    \3\ Strategy for the Management and Disposal of Used Nuclear 
Fuel and High-Level Radioactive Waste, January 2013. http://www.energy.gov/downloads/strategy-management-and-disposal-used-nuclear-fuel-and-high-level-radioactive-waste.
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    The Administration's Strategy envisioned the implementation of an 
integrated waste management system consisting of a range of nuclear 
waste facilities, each serving a specific role, to address the 
challenges facing the U.S. These nuclear waste facilities could 
include:
     A pilot interim storage facility with limited capacity 
capable of accepting used nuclear fuel and high-level radioactive waste 
and initially focused on serving shut-down reactor sites;
     A larger, consolidated interim storage facility, 
potentially co-located with the pilot facility and/or with a geologic 
repository, that provides the needed flexibility in the waste 
management system and allows for important near-term progress in 
implementing the federal commitment;
     Deep borehole disposal, which could be an option for 
disposal of smaller and more compact waste forms currently stored at 
Department of Energy sites;
     A permanent geologic repository for the disposal of 
defense high-level waste and, potentially, some DOE-managed spent 
nuclear fuel, which would be generally less radioactive, cooler, and 
easier to handle, enabling a simpler design and earlier availability; 
and
     A permanent geologic repository for the disposal of 
commercial spent nuclear fuel.
    In early to mid-2016, the Department of Energy will host a series 
of public meetings to receive input for the design of a consent-based 
siting process. This IPC announces the Department's intention to hold 
meetings and to request input about what considerations are important 
when designing a fair and effective process for consent-based siting. 
Written input as well as feedback from public meetings will enable the 
Department to draft the initial steps on a proposal for a phased, 
adaptive, consent-based process for selecting sites.
    Moving forward, the Department of Energy will draw upon extensive 
experience in storage, transportation, siting, policy, legislative, and 
regulatory issues both in the U.S. and elsewhere. A top priority is to 
build upon and improve existing relationships with states, Tribes, 
communities, and stakeholders to help identify important 
considerations, challenges, and opportunities for discussion.

Questions for Input

    (1) How can the Department of Energy ensure that the process for 
selecting a site is fair?
    Consent based siting seeks to ensure fairness in the distribution 
of costs, benefits, risks and responsibilities now and in future 
generations. How, in your view, can fairness be best assured by the 
process for selecting a site?
    (2) What models and experience should the Department of Energy use 
in designing the process?
    The challenges and opportunities of site selection drive us to 
continue to learn from previous or ongoing examples. From your 
perspective, what experience and models do you think are the most 
relevant to consider and draw from in designing the process for 
selecting a site?
    (3) Who should be involved in the process for selecting a site, and 
what is their role?
    The Department believes that there may be a wide range of 
communities who will want to learn more and be involved in selecting a 
site. Participation in the process for selecting a site carries 
important responsibilities. What are your views on who should be 
involved and the roles participants should have?
    (4) What information and resources do you think would facilitate 
your participation?
    The Department of Energy is committed to ensuring that people and 
communities have sufficient information and access to resources for 
engaging fully and effectively in siting. What information and 
resources would be essential to enable you to learn the most about and 
participate in the siting process?
    (5) What else should be considered?

[[Page 79874]]

    The questions posed in this document are a starting point for 
discussion on the design of the process for consent-based siting of 
nuclear waste facilities, the Department of Energy would like to hear 
about and discuss any related questions, issues, and ideas that you 
think are important.

Next Steps

    Written comments from this IPC, along with input from public 
meetings, will be documented in a draft report scheduled to be released 
in summer 2016. The Department is planning to solicit comments on the 
draft report in order to ensure the content accurately reflects input 
received.
    If you are unable to attend a public meeting or would like to 
further discuss ideas for consent-based siting, please propose an 
opportunity for us to speak with you. The Department will do its best 
to accommodate requests and help arrange additional opportunities to 
engage. To learn more about nuclear energy, nuclear waste, and ongoing 
technical work please see energy.gov/consentbasedsiting.

Submitting Comments

    Instructions: Submit comments via any of the mechanisms set forth 
in the ADDRESSES section above. Respondents are requested to provide 
the following information at the beginning of their response to this 
IPC:

    State, tribal, community, organization, public or individual 
name;
    State, tribal, community, organization, public or individual 
point of contact; and
    Point of contact's address, phone number, and email address.

    If an email or phone number is included, it will allow the DOE to 
contact the commenter if questions or clarifications arise. No 
responses will be provided to commenters in regards to the disposition 
of their comments. All comments will be officially recorded without 
change or edit, including any personal information provided. Personal 
information (other than name) will be protected from public disclosure 
upon request.
    Please identify your answers by responding to a specific question 
or topic, if possible. Respondents may answer as many or as few 
questions as they wish. Any additional comments that do not address a 
particular question should be included at the end of your response to 
this IPC as ``Additional Comments.''
    DOE would appreciate early input in order to identify initial 
interest and concerns, as well as any early opportunities. Amended or 
revised inputs from commenters are also welcome throughout the comment 
period to help DOE develop this process. Comments received after the 
closing date will be considered as the planning process progresses; 
however, the DOE is only able to ensure consideration of comments 
received on or before the closing date as the initial phase of the 
consent based siting process is developed. Subsequent comments and 
input will also be welcome as DOE views this as a core component of a 
phased and adaptive consent-based siting process.
    Privacy Act: Data collected via the mechanisms listed above will 
not be protected from the public view in any way.

    Issued in Washington, DC, on December 15, 2015.
Andrew Griffith,
Associate Deputy Assistant Secretary for Fuel Cycle Technologies, 
Office of Nuclear Energy, Department of Energy.
[FR Doc. 2015-32346 Filed 12-22-15; 8:45 am]
BILLING CODE 6450-01-P