Criteria for waste-related risks to be below regulatory concern

Conference · Wed Jan 01 04:00:00 EST 1986 · Trans. Am. Nucl. Soc.; (United States)

OSTI ID:6954018

Trubatch, S L

This paper describes and analyzes the criteria recently established by the US Court of Appeals for the District of Columbia Circuit for determining that a risk is de minimis, i.e., below regulatory concern (BRC), for the purpose of the Atomic Energy Act of 1954, as amended, 42 USC 2011 et seq. The court established these BRC criteria incidentally during its review of intervenors' challenge to the US Nuclear Regulatory Commission's (NRC's) issuance of an operating license for the Diablo Canyon Nuclear Power Plant. In the course of that licensing proceeding, the NRC had determined that its regulations did not require it to consider the complicating effects of earthquakes on emergency planning. Although the legal standard and its quantitation arose in the context of emergency planning, these criteria are equally applicable to waste-related risks cognizable under the Atomic Energy Act. These criteria imply that the NRC, when licensing a waste repository, need not consider the risk of a catastrophic accident having a frequency of occurrence of less than one chance in one hundred thousand per year.

• Research Organization: Commonwealth Edison Co., Chicago, IL
• OSTI ID: 6954018
• Report Number(s): CONF-861102-
• Conference Information: Journal Name: Trans. Am. Nucl. Soc.; (United States) Journal Volume: 53
• Country of Publication: United States
• Language: English

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