Atomic Safety and Licensing Board

Last updated

The Atomic Safety and Licensing Board Panel (ASLBP) is an independent adjudicatory division of the United States Nuclear Regulatory Commission, authorized under the Atomic Energy Act. The ASLBP consists of administrative judges that differ from other administrative law judges in other Federal agencies, most notably that Licensing Boards have technical judges who are experts in their relative field of study (e.g. nuclear engineering, nuclear medicine, hydrology, etc.). Licensing Boards hear claims (or contentions, as they are called) by petitioners who seek to intervene in a licensing action before the NRC. The ASLBP's jurisdiction is limited to the scope of the licensing action before the NRC, commonly outlined in the Federal Register when a licensing action is published to give notice of the pending action and calls for petitions. Licensing Boards commonly hear matters arising under the Atomic Energy Act, the National Environmental Policy Act, the National Historic Preservation Act of 1966, and the NRC's regulations in Title 10, Code of Federal Regulations. Licensing Boards hear licensing matters concerning the licensing matters of nuclear power plants, in situ leach uranium mining, spent fuel storage facilities, and enforcement matters of individuals who hold an NRC-issued license. [1]

Contents

Scope of authority

Licensing Boards conduct public hearings concerning contested issues that arise in the course of licensing and enforcement. The scope is restricted to civilian-operated nuclear reactors and the civilian use of nuclear materials . [2] [3] Jurisdiction is limited to civilian commercial nuclear power reactors, test and research reactors, in situ leach uranium mining, uranium milling and tailing, and spent fuel storage facilities in the United States Plants owned by U.S. firms in overseas locations are not within the purview of the Panel, nor are U.S. Department of Defense nuclear facilities or U.S. Department of Energy nuclear weapon or disposal facilities. [3]

Mandate

The ASLBP differs from "similar federal regulatory or administrative tribunals" in that the three Board judges usually consist of one attorney (usually the board's chair) and two scientific experts. [4] "Individuals who are directly affected by any licensing action involving a facility producing or utilizing nuclear materials can participate in a hearing..." [5]

Matters adjudicated

Matters adjudicated by the ASLBP have included: early site permits, which "banks" a site for 20 years for a company to later build a nuclear facility if they so choose; operating licenses for proposed nuclear reactors; proposed license renewals of nuclear reactors; and in situ uranium mining licensing actions. The ASLBP had also started the adjudication process on the proposed U.S. Department of Energy Yucca Mountain repository; but since 2008 Congress has not funded the project, thus not one claim (out of over 400) has been fully adjudicated in the Yucca Mountain case.

See also

Related Research Articles

Yucca Mountain nuclear waste repository Unused deep geological repository facility in Nevada, US

The Yucca Mountain Nuclear Waste Repository, as designated by the Nuclear Waste Policy Act amendments of 1987, is a proposed deep geological repository storage facility within Yucca Mountain for spent nuclear fuel and other high-level radioactive waste in the United States. The site is on federal land adjacent to the Nevada Test Site in Nye County, Nevada, about 80 mi (130 km) northwest of the Las Vegas Valley.

Nuclear Regulatory Commission Government agency of the United States

The Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the NRC began operations on January 19, 1975, as one of two successor agencies to the United States Atomic Energy Commission. Its functions include overseeing reactor safety and security, administering reactor licensing and renewal, licensing radioactive materials, radionuclide safety, and managing the storage, security, recycling, and disposal of spent fuel.

Dry cask storage Radioactive waste storage method

Dry cask storage is a method of storing high-level radioactive waste, such as spent nuclear fuel that has already been cooled in the spent fuel pool for at least one year and often as much as ten years. Casks are typically steel cylinders that are either welded or bolted closed. The fuel rods inside are surrounded by inert gas. Ideally, the steel cylinder provides leak-tight containment of the spent fuel. Each cylinder is surrounded by additional steel, concrete, or other material to provide radiation shielding to workers and members of the public.

Nuclear material refers to the metals uranium, plutonium, and thorium, in any form, according to the IAEA. This is differentiated further into "source material", consisting of natural and depleted uranium, and "special fissionable material", consisting of enriched uranium (U-235), uranium-233, and plutonium-239. Uranium ore concentrates are considered to be a "source material", although these are not subject to safeguards under the Nuclear Non-Proliferation Treaty.

The Canadian Nuclear Safety Commission is the federal regulator of nuclear power and materials in Canada. In addition to nuclear power plants and nuclear research facilities, the CNSC regulates numerous other uses of nuclear material such as radionuclides used in the treatment of cancer, the operation of uranium mines and refineries, and the use of radioactive sources for oil exploration, and in instruments such as precipitation measurement devices. The CNSC is an agency of the Government of Canada which reports to the Parliament of Canada through the Minister of Natural Resources.

Price–Anderson Nuclear Industries Indemnity Act

The Price-Anderson Nuclear Industries Indemnity Act is a United States federal law, first passed in 1957 and since renewed several times, which governs liability-related issues for all non-military nuclear facilities constructed in the United States before 2026. The main purpose of the Act is to partially compensate the nuclear industry against liability claims arising from nuclear incidents while still ensuring compensation coverage for the general public. The Act establishes a no fault insurance-type system in which the first approximately $15 billion is industry-funded as described in the Act. Any claims above the $12.6 billion would be covered by a Congressional mandate to retroactively increase nuclear utility liability or would be covered by the federal government. At the time of the Act's passing, it was considered necessary as an incentive for the private production of nuclear power — this was because electric utilities viewed the available liability coverage as inadequate.

Nuclear Waste Policy Act

The Nuclear Waste Policy Act of 1982 is a United States federal law which established a comprehensive national program for the safe, permanent disposal of highly radioactive wastes.

Nuclear power in the United States Power source providing US electricity

Nuclear power in the United States is provided by 93 commercial reactors with a net capacity of 95.5 gigawatts (GW), with 62 pressurized water reactors and 31 boiling water reactors. In 2019, they produced a total of 809.41 terawatt-hours of electricity, which accounted for 20% of the nation's total electric energy generation. In 2018, nuclear comprised nearly 50 percent of U.S. emission-free energy generation.

Energy Reorganization Act of 1974

The Energy Reorganization Act of 1974 is a United States federal law that established the Nuclear Regulatory Commission. Under the Atomic Energy Act of 1954, a single agency, the U.S. Atomic Energy Commission, had responsibility for the development and production of nuclear weapons and for both the development and the safety regulation of the civilian uses of nuclear materials. The Act of 1974 split these functions, assigning to the Energy Research and Development Administration the responsibility for the development and production of nuclear weapons, promotion of nuclear power, and other energy-related work, and assigning to the NRC the regulatory work, which does not include regulation of defense nuclear facilities. The Act of 1974 gave the Commission its collegial structure and established its major offices.

Nuclear history of the United States describes the history of nuclear affairs in the United States whether civilian or military.

Atomic Energy Regulatory Board

The Atomic Energy Regulatory Board (AERB) was constituted on 15 November 1983 by the President of India by exercising the powers conferred by Section 27 of the Atomic Energy Act, 1962 to carry out certain regulatory and safety functions under the Act. The regulatory authority of AERB is derived from the rules and notifications promulgated under the Atomic Energy Act, 1962 and the Environmental (Protection) Act, 1986. The headquarters is in Mumbai.

Anti-nuclear movement in the United States

The anti-nuclear movement in the United States consists of more than 80 anti-nuclear groups that oppose nuclear power, nuclear weapons, and/or uranium mining. These have included the Abalone Alliance, Clamshell Alliance, Committee for Nuclear Responsibility, Nevada Desert Experience, Nuclear Information and Resource Service, Physicians for Social Responsibility, Plowshares Movement, Women Strike for Peace, and Women's International League for Peace and Freedom. The anti-nuclear movement has delayed construction or halted commitments to build some new nuclear plants, and has pressured the Nuclear Regulatory Commission to enforce and strengthen the safety regulations for nuclear power plants.

Gen4 Energy

Gen4 Energy, Inc was a privately held corporation formed to construct and sell several designs of relatively small nuclear reactors, which they claimed would be modular, inexpensive, inherently safe, and proliferation-resistant. According to news coverage, these reactors could be used for heat generation, production of electricity, and other purposes, including desalination.

In Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, 461 U.S. 190 (1983), the United States Supreme Court held that a state statute regulating economic aspects of nuclear generating plants was not preempted by the federal Atomic Energy Act of 1954. The case provides a framework that has guided other cases involving preemption of federal authority.

Radioactive waste is generated from the nuclear weapons program, commercial nuclear power, medical applications, and corporate and university-based research programs. Some of the materials LLW consists of are: "gloves and other protective clothing, glass and plastic laboratory supplies, machine parts and tools, and disposable medical items that have come in contact with radioactive materials". Waste is generally categorized as high level waste (HLW) and low-level waste (LLW). LLW contains materials such as irradiated tools, lab clothing, ion exchanger resins, animal carcasses, and trash from defense, commercial nuclear power, medical, and research activities. These materials usually have radioactivity that have short half lives—from ranges of multiple days to several hundred years. In 1990, 1.1 million cubic feet of LLW was produced. Currently, U.S. reactors generate about 40,000 cubic meters of low-level radioactive waste per year, including contaminated components and materials resulting from reactor decommissioning.

Nuclear energy policy of the United States Overview of the nuclear energy policy in the United States of America

The nuclear energy policy of the United States began in 1954 and continued with the ongoing building of nuclear power plants, the enactment of numerous pieces of legislation such as the Energy Reorganization Act of 1974, and the implementation of countless policies which have guided the Nuclear Regulatory Commission and the Department of Energy in the regulation and growth of nuclear energy companies. This includes, but is not limited to, regulations of nuclear facilities, waste storage, decommissioning of weapons-grade materials, uranium mining, and funding for nuclear companies, along with an increase in power plant building. Both legislation and bureaucratic regulations of nuclear energy in the United States have been shaped by scientific research, private industries' wishes, and public opinion, which has shifted over time and as a result of different nuclear disasters.

Uranium Mill Tailings Radiation Control Act

The Uranium Mill Tailings Radiation Control Act (1978) is a United States environmental law that amended the Atomic Energy Act of 1954 and authorized the Environmental Protection Agency to establish health and environmental standards for the stabilization, restoration, and disposal of uranium mill waste. Title 1 of the Act required the EPA to set environmental protection standards consistent with the Resource Conservation and Recovery Act, including groundwater protection limits; the Department of Energy to implement EPA standards and provide perpetual care for some sites; and the Nuclear Regulatory Commission to review cleanups and license sites to states or the DOE for perpetual care. Title 1 established a uranium mill remedial action program jointly funded by the federal government and the state. Title 1 of the Act also designated 22 inactive uranium mill sites for remediation, resulting in the containment of 40 million cubic yards of low-level radioactive material in UMTRCA Title 1 holding cells.

Energy and Water Development and Related Agencies Appropriations Act, 2015

The Energy and Water Development and Related Agencies Appropriations Act, 2015 is a bill that would make appropriations for energy and water development and related agencies for FY2015. The bill would appropriate $34 billion, which is only $50 million less than these agencies currently receive. The appropriations for the United States Department of Energy and the United States Army Corps of Engineers are made by this bill.

Robert Ferguson (physicist)

Robert Louis (Bob) Ferguson is a nuclear-trained physicist and a 60-year veteran in the field of nuclear energy. He is best known for being appointed the first Deputy Assistant Secretary for Nuclear Energy Programs for the U.S. Department of Energy (DOE) by the first Energy Secretary, James Schlesinger, serving from 1978 to 1980 during President Jimmy Carter's administration.

United Nuclear Corporation

The United Nuclear Corporation (UNC) was a diversified nuclear mining, development, and applications company based out of the United States. Formed in 1961 as a joint venture between the Olin Mathieson Chemical Corporation, the Mallinckrodt Corporation of America, and the Nuclear Development Corporation of America, the company is most well known today as the company behind the Church Rock uranium mill spill. In 1996 the company was acquired by General Electric, and remains to oversee the decommissioning of its former sites.

References

  1. "NRC: Atomic Safety and Licensing Board Panel". Nrc.gov. 2012-03-29. Retrieved 2012-05-17.
  2. Administrative Procedure Act and the Commission's implementing regulations, set forth at 10 CFR Part 2
  3. 1 2 "NRC: ASLBP Responsibilities". Nrc.gov. 2012-03-30. Retrieved 2012-05-17.
  4. Section 191 of the AEA.
  5. "NRC: The Atomic Safety and Licensing Board Panel (NUREG/BR-0249, Revision 3)". Nrc.gov. 2012-03-29. Retrieved 2012-05-17.