ENCLOSURE 

U.S. Nuclear Regulatory Commission Monthly Status Report 

Activities Related to the Yucca Mountain Licensing Action 

Report for May 2015 

Background 

On August 13, 2013, a panel of the U.S. Court of Appeals for the District of Columbia Circuit 

issued its decision in the case In re Aiken County directing the U.S. Nuclear Regulatory 

Commission (NRC) to “promptly continue with the legally mandated licensing process” for the 

U.S. Department of Energy’s (DOE’s) application to construct a geologic repository for 

high-level waste at Yucca Mountain, NV. The NRC promptly began taking steps to comply with 

the court’s direction following the issuance of the decision. On November 18, 2013, the 

Commission approved a memorandum and order, which set a course of action for the Yucca 

Mountain licensing process that is consistent with the Appeals Court decision and with the 

resources available. The Commission also issued a related staff requirements memorandum 

(SRM) on November 18, 2013. The Commission provides further direction to the staff as 

needed. 

Accomplishments and Ongoing Work 

The NRC staff in the Office of Nuclear Material Safety and Safeguards, with the support of the 

Center for Nuclear Waste Regulatory Analyses, prepared and issued Volumes 2, 3, 4, and 5 of 

the safety evaluation report (SER) over the course of a year, completing the last volumes in 

January 2015. All of these documents are available on the NRC’s website at 

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/. The NRC also distributed 

the documents to the participants in the adjudicatory proceeding and other interested 

stakeholders. Completion of the SER cost approximately $8,328,000. 

In December 2014, the staff provided the Commission with its assessment of available 

remaining funding from the Nuclear Waste Fund (NWF). The assessment (COMSECY-14-

0041, “Yucca Mountain Project Activities” dated December 24, 2014), which includes a 

description of proposed work, is available on the NRC’s website at 

http://pbadupws.nrc.gov/docs/ML1506/ML15062A495.html. On February 3, 2015, the 

Commission responded to the COMSECY by approving the staff’s recommendations to develop 

an environmental impact statement (EIS) supplement and undertake certain SER “wrap-up” 

activities, including records retention and the development of lessons-learned reports. The 

Commission also approved a path forward for making Licensing Support Network (LSN) 

documents publicly available. The Commission’s SRM (“Staff Requirements – COMSECY-14-

0041 – Yucca Mountain Project Activities”) is available on the NRC’s website at 

http://pbadupws.nrc.gov/docs/ML1503/ML15034A086.pdf. 

The staff is continuing its work on the EIS supplement and on the SER wrap-up activities. The 

staff announced its intention to develop the supplement in the Federal Register on 

March 12, 2015. The Federal Register notice is available at 80 FR 13029, and can be accessed 

at http://www.gpo.gov/fdsys/pkg/FR-2015-03-12/pdf/2015-05578.pdf. In developing the 

supplement, which will be limited to addressing certain topics related to groundwater impacts 

from the proposed repository, the staff will consider a technical report developed by DOE and 
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available through the NRC’s website at

http://pbadupws.nrc.gov/docs/ML1430/ML14303A393.pdf. 

Concerning wrap-up activities, the staff completed its records retention project in April and is 

continuing work on a lessons-learned report. 

Schedule and Cost for Activities Directed in SRM of February 3, 2015 

The Commission has approved the staff’s schedule and revised cost estimate for completing the 

EIS supplement that the staff has determined is needed for the review of DOE’s application 

under the National Environmental Policy Act and the Nuclear Waste Policy Act. The staff 

estimates that it will take a period of 12-15 months at an approximate cost of $2 million to 

complete the EIS supplement (see Table 1 below). 

The Commission has approved the staff’s recommendation to proceed with SER “wrap-up” 

activities. The specific activities are records retention and management, including the archiving 

of documents used in preparing the SER, and the development of lessons-learned reports about 

aspects of the licensing process. The staff estimated that these activities would require 

approximately 1–2 months of work, at a cost of approximately $100,000. As noted above, the 

records retention task was completed in April 2015. The remaining “wrap-up” activities will 

proceed in parallel with completion of the EIS supplement and LSN tasks. 

The Commission has also directed that the LSN document collection be loaded into a publicly 

accessible library in the Agencywide Documents Access and Management System (ADAMS) 

with enhanced search capability. It is estimated that this task can be completed in 6-8 months 

at a cost of approximately $1.1 million. This activity would not begin until the fall of 2015, after 

verification that sufficient funding is available. 

The estimate to complete work directed in the February 3, 2015, SRM (EIS supplement, SER 

wrap-up activities, and loading LSN documents) is approximately $3.2 million. 
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Nuclear Waste Fund Expenditures 

During the month of May, the NRC expended $122,512 of NWF funds on its actions in direct 

response to the court’s decision. Cumulative expenditures since the August 13, 2013, 

U.S. Court of Appeals decision are $9,626,002. The August 13, 2013, balance of $13,549,315 

of unexpended NWF funding, less the $9,626,002, results in a remaining unexpended balance 

of $3,923,313. Total unobligated NWF funds remaining as of May 31, 2015, are $2,861,627. 

The following table provides further details regarding the NRC’s expenditure of NWF funds 

since August 13, 2013. 

Table 1 Status of NRC NWF Funds since the August 13, 2013, Court Decision 

Yucca Mountain Licensing Activities Cost 

Estimate 

May 

Expenditures 

Cumulative 

Expenditures

Completion of the safety evaluation report $8,310,000 $16,514 $8,327,671

Loading of Licensing Support Network 

documents into a nonpublic ADAMS library $350,000 $0 $277,670

Loading of Licensing Support Network 

documents into a public ADAMS library $1,100,000 $0 $0

Development of the EIS supplement $2,000,000 $89,751 $179,981

SER wrap-up activities $100,000 $15,790 $34,632

 Program planning and support 

$825,000

$457 $439,150

 Response to the August 30, 2013, 

 Commission order $0 $137,518

 Federal court litigation* $0 $154,903

 Support and advice in NRC proceedings $0 $35,535

Subtotal, other support costs chargeable to 

NWF funds $457 $767,106

Adjustments to close out contracts funded by 

previous NWF appropriations $0 $38,942

Total $12,685,000 $122,512 $9,626,002

*Includes a $59,000 expenditure in May 2014 for the agency’s agreement to settle the Equal Access to 

 Justice Act claim of one of the Aiken County petitioners. On October 23, 2014, the Court of Appeals for 

 the District of Columbia Circuit denied the motion from other parties requesting reimbursement for 

 attorneys’ fees. 

The unexpended NWF fund balance of $3,923,313 includes $239,199 of previously 

appropriated NWF funds that remain unexpended but obligated on contracts with the Center for 

Nuclear Waste Regulatory Analyses. 

The staff has estimated the expenses necessary to complete the SER and related activities 

directed by the Commission. Figure 1 on page 4 shows the cumulative projected and actual 

expenditures. Projected expenditures include cost estimates shown in Table 1. The actual 

cumulative expenditures reflect costs through May 31, 2015, as given in Table 1. 
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Figure 1. Nuclear Waste Fund Tracking 

Stakeholder Communications and Interactions 

During the week of May 5, 2015, the NRC staff attended the Nuclear Energy Institute’s Used 

Fuel Management Conference in Orlando, Florida. On May 5, 2015, the staff gave a 

presentation about its review of the Yucca Mountain repository license application and the 

conclusions of the SER.