for authorization to construct a repository that will
commence operations no later than January 17,
2010. If, at any time prior to the filing of such ap-
plication, the Secretary determines that the Yucca
Mountain site cannot satisfy the Commission’s regu-
lations applicable to the licensing of a geologic re-
pository, the Secretary shall terminate site charac-
terization activities at the site, notify Congress and
the State of Nevada of the Secretary’s determination
and the reasons therefor, and recommend to Con-
gress not later than 6 months after such determina-
tion further actions, including the enactment of leg-
islation, that may be needed to manage the Nation’s
spent nuclear fuel and high-level radioactive waste.
‘‘(4) MAXIMIZING CAPACITY.—In developing an
application for authorization to construct the reposi-
tory, the Secretary shall seek to maximize the capac-
ity of the repository.
‘‘(b) LICENSING.—Within one year of the date of en-
actment of this Act, the Commission shall amend its regu-
lations governing the disposal of spent nuclear fuel and
high-level radioactive waste in geologic repositories to the
extent necessary to comply with this Act. Subject to sub-
section (c), such regulations shall provide for the licensing
of the repository according to the following procedures:
‘‘(1) 
CONSTRUCTION
AUTHORIZATION.—The
Commission shall grant the Secretary a construction
authorization for the repository upon determining
that there is reasonable assurance that spent nuclear
fuel and high-level radioactive waste can be disposed
of in the repository—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the
regulations of the Commission;
‘‘(B) without unreasonable risk to the
health and safety of the public; and
‘‘(C) consistent with the common defense
and security.
‘‘(2) LICENSE.—Following substantial comple-
tion of construction and the filing of any additional
information needed to complete the license applica-
tion, the Commission shall issue a license to dispose
of spent nuclear fuel and high-level radioactive waste
in the repository if the Commission determines that
the repository has been constructed and will oper-
ate—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the
regulations of the Commission;
‘‘(B) without unreasonable risk to the
health and safety of the public; and
‘‘(C) consistent with the common defense
and security.
‘‘(3) CLOSURE.—After emplacing spent nuclear
fuel and high-level radioactive waste in the reposi-
tory and collecting sufficient confirmatory data on
repository performance to reasonably confirm the
basis for repository closure consistent with the Com-
mission’s regulations applicable to the licensing of a
repository, as modified in accordance with this Act,
the Secretary shall apply to the Commission to
amend the license to permit permanent closure of
the repository. The Commission shall grant such li-
cense amendment upon finding that there is reason-
able assurance that the repository can be perma-
nently closed—
‘‘(A) in conformity with the Secretary’s ap-
plication to amend the license, the provisions of
this Act, and the regulations of the Commis-
sion;
‘‘(B) without unreasonable risk to the
health and safety of the public; and
‘‘(C) consistent with the common defense
and security.
‘‘(4) POST-CLOSURE.—The Secretary shall take
those actions necessary and appropriate at the
Yucca Mountain site to prevent any activity at the
site subsequent to repository closure that poses an
unreasonable risk of—
‘‘(A) breaching the repository’s engineered
or geologic barriers: or
‘‘(B) increasing the exposure of individual
members of the public to radiation beyond the
release standard established in subsection
(d)(1).
‘‘(c) MODIFICATION
OF
REPOSITORY
LICENSING
PROCEDURE.—The Commission’s regulations shall pro-
vide for the modification of the repository licensing proce-
dure, as appropriate, in the event that the Secretary seeks
a license to permit the emplacement in the repository, on
a retrievable basis, of only that quantity of spent nuclear
fuel or high-level radioactive waste that is necessary to
provide the Secretary with sufficient confirmatory data on
repository performance to reasonably confirm the basis for
repository closure consistent with applicable regulations.
‘‘(d) LICENSING STANDARDS.—Notwithstanding any
other provision of law, the Administrator of the Environ-
mental Protection Agency shall not promulgate, by rule
or otherwise, standards for protection of the public from
releases of radioactive materials or radioactivity from the
repository and any such standards existing on the date
of enactment of this Act shall not be incorporated in the
Commission’s licensing regulations. The Commission’s re-
pository licensing determinations for the protection of the
public shall be based solely on a finding whether the repos-
itory can be operated in conformance with the overall sys-
tem performance standard established in paragraph
(1)(A) and applied in accordance with the provisions of
paragraph (1)(B). The Commission shall amend its regu-
lations in accordance with subsection (b) to incorporate
each of the following licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT OF OVERALL SYS-
TEM PERFORMANCE STANDARD.—The standard
for protection of the public from release of ra-
dioactive material or radioactivity from the re-
pository shall prohibit releases that would ex-
pose an average member of the general popu-
lation in the vicinity of the Yucca Mountain site
to an annual dose in excess of 100 millirems
unless the Commission determines by rule that
such standard would constitute an unreasonable
risk to health and safety and establishes by rule
another standard which will protect health and
safety. Such standard shall constitute an overall
system performance standard.
‘‘(B) APPLICATION OF OVERALL SYSTEM
PERFORMANCE
STANDARD.—The Commission
shall issue the license if it finds reasonable as-
surance that—
‘‘(i) for the first 1,000 years following
the commencement of repository oper-
ations, the overall system performance
standard will be met based on a deter-
ministic or probabilistic evaluation of the
overall performance of the disposal system;
and
‘‘(ii) for the period commencing after
the first 1,000 years of operation of the re-
pository and terminating at 10,000 years
after the commencement of operation of
the repository, there is likely to be compli-
ance with the overall system performance
standard based on regulatory insight
gained through the use of a probabilistic
integrated performance model that uses
best estimate assumptions, data, and
methods.