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NRC Denies Requests for Clarification and Reconsideration related to Yucca Mountain License Process

On November 18, 2013, the NRC issued a decision and Staff Requirements Memorandum (SRM) approving a course of action to resume its review of the Department of Energy’s Yucca Mountain application.  In response, the State of Nevada filed a petition seeking clarification that, should the adjudication be restarted (which the Commission has not ordered), the NRC will adjust the milestone for completion of discovery.  In order CLI-14-01 (January 24, 2014), the Commission denied this request for clarification, noting that should adjudication re-commence, participants may re-submit requests associated with the conduct of the proceeding at that point in time without prejudice.  Nevada also sought clarification of the SRM direction that NRC staff “adopt work previously completed as a first principle,” which the Commission denied. Nye County, Nevada; the States of South Carolina and Washington; Aiken County, South Carolina; and the National Association of Regulatory Utility Commissioners sought greater detail on the licensing activities than set forth in the SRM, along with other additional information.  The Commission also denied this request.

The NRC also noted that in December 2013, $2.2 million in obligated, unexpended Nuclear Waste Fund appropriations were de-obligated and are now available for agency use. The NRC is providing direction to the Staff on the use of such funds to make the Licensing Support Network document collection publicly available in the NRC ADAMS database.

To access the Order CLI-14-01, click here