Physical Protection of Spent Fuel Shipments: Resolution of Stakeholder Concerns Through Rulemaking - 12284
- Department of Sociology, California State University, Northridge, Northridge, CA 91330 (United States)
- State of Nevada Agency for Nuclear Projects Carson City, NV 89706 (United States)
- Black Mountain Research, Henderson, NV 81012 (United States)
In 1999, the State of Nevada brought its concerns about physical protection of current spent nuclear fuel (SNF) shipments, and future SNF shipments to a federal repository, before the NRC in a 1999 petition for rulemaking (PRM-73-10). In October 2010, the NRC published a rulemaking decision which would significantly strengthen physical protection of SNF in transit. The newest articulation of the rule (10 CFR 73.37) incorporates regulatory clarifications and security enhancements requested in Nevada's 1999 petition for rulemaking, codifies the findings of the Nuclear NRC and DOE consequence analyses into policy guidance documents and brings forward into regulations the agency and licensee experience gained since the terrorist attacks of September 11, 2001. Although at present DOE SNF shipments would continue to be exempt from these NRC regulations, Nevada considers the rule to constitute a largely satisfactory resolution to stakeholder concerns raised in the original petition and in subsequent comments submitted to the NRC. This paper reviews the process of regulatory changes, assesses the specific improvements contained in the new rules and briefly describes the significance of the new rule in the context of a future national nuclear waste management program. Nevada's petition for rulemaking led to a generally satisfactory resolution of the State's concerns. The decade plus timeframe from petition to rulemaking conclusion saw a sea change in many aspects of the relevant issues - perhaps most importantly the attacks on 9/11 led to the recognition by regulatory bodies that a new threat environment exists wherein shipments of SNF and HLW pose a viable target for human initiated events. The State of Nevada has always considered security a critical concern for the transport of these highly radioactive materials. This was one of the primary reasons for the original rulemaking petition and subsequent advocacy by Nevada on related issues. NRC decisions on the majority of the concerns expressed in the petition, additional developments by other regulatory bodies and the change in how the United States sees threats to the homeland - all of these produced a satisfactory resolution through the rulemaking process. While not all of the concerns expressed by Nevada were addressed in the proposed rule and significant challenges face any programmatic shipment campaign in the future, the lesson learned on this occasion is that stakeholder concerns can be resolved through rulemaking. If DOE would engage with stakeholders on its role in transport of SNF and HLW under the NWPA, these concerns would be better addressed. Specifically the attempts by DOE to resist transportation and security regulations now considered necessary by the NRC for the adequate protection of the shipments of highly radioactive materials, these DOE efforts seem ill advised. One clear lesson learned from this successful rulemaking petition process is that the system of stakeholder input can work to better the regulatory environment. (authors)
- Research Organization:
- WM Symposia, 1628 E. Southern Avenue, Suite 9-332, Tempe, AZ 85282 (United States)
- OSTI ID:
- 22293565
- Report Number(s):
- INIS-US-14-WM-12284; TRN: US14V1221115089
- Resource Relation:
- Conference: WM2012: Waste Management 2012 conference on improving the future in waste management, Phoenix, AZ (United States), 26 Feb - 1 Mar 2012; Other Information: Country of input: France; 11 refs.
- Country of Publication:
- United States
- Language:
- English
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