The Nuclear Waste Policy Act of 1982, as amended, establishes a comprehensive policy and program for the safe, permanent disposal of commercial spent nuclear fuel and other highly radioactive wastes in one or more geologic repositories. The act charges DOE with (1) establishing criteria for recommending sites for repositories; (2) “characterizing” (investigating) the Yucca Mountain site to determine its suitability for a repository; (3) if the site is found suitable, recommending it to the President, who would submit a recommendation to the Congress if he agreed that the site was qualified; and (4) seeking permission from NRC to construct and operate a repository at the approved site. Under the Nuclear Waste Policy Act, users of nuclear-power-generated electricity pay $0.001 per kilowatt-hour into a Nuclear Waste Fund, which may be used only to pay for the siting, licensing, and construction of a nuclear waste repository. In fiscal year 2006, DOE reported that the fund had $19.4 billion. DOE also reported that it had spent about $11.7 billion (in fiscal year 2006 dollars) from project inception in fiscal years 1983 through 2005 and estimated that an additional $10.9 billion (in fiscal year 2006 dollars) would be incurred from fiscal years 2006 to 2017 to build the repository. Since the early 1980s, DOE has studied the Yucca Mountain site to determine whether it is suitable for a high-level radioactive waste and spent nuclear fuel repository. For example, DOE completed numerous scientific studies of water flow and the potential for rock movement near the mountain, including the likelihood that volcanoes and earthquakes will adversely affect the repository’s performance. To allow scientists and engineers greater access to the rock being studied, DOE excavated two tunnels for studying the deep underground environment: (1) a 5-mile main tunnel that loops through the mountain, with several research areas or alcoves connected to it, and (2) a 1.7-mile tunnel that crosses the mountain, allowing scientists to study properties of the rock and the behavior of water near the potential repository area. Since July 2002, when the Congress approved the President’s recommendation of the Yucca Mountain site for the development of a repository, DOE has focused on preparing its license application. In October 2005, DOE announced a series of changes in the management of the project and in the design of the repository to simplify the project and improve its safety and operation. Previously, DOE’s design required radioactive waste to be handled at least four separate times by transporting the waste to the Yucca Mountain site, removing the waste from its shipping container, sealing it in a special disposal container, and moving it into the underground repository. The new repository design relies on uniform canisters that would be filled and sealed before being shipped, reducing the need for direct handling of most of the waste prior to being placed in the repository. As a result, DOE will not have to construct several extremely large buildings costing millions of dollars for handling radioactive waste. In light of these changes, DOE has been working on revising the designs for the repository’s surface facilities, developing the technical specifications for the canisters that will hold the waste, and revising its draft license application. In accordance with NRC regulations, before filing its license application, DOE must first make all documentary material that is potentially relevant to the licensing process electronically available via NRC’s Internet-based document management system. This system, known as the Licensing Support Network, provides electronic access to millions of documents related to the repository project. DOE is required to initially certify to NRC that it has made its documentary material available no later than 6 months in advance of submitting the license application. NRC, Nevada, and other parties in the licensing process must also certify their documentary material was made available following DOE’s initial certification. This information will then be available to the public and all the parties participating in the licensing process. OCRWM currently expects to certify its material in the Licensing Support Network by December 21, 2007. In addition, OCRWM expects to complete the necessary designs and have the draft license application ready for DOE management’s review by February 29, 2008. NRC is charged with regulating the construction, operation, and decommissioning phases of the project and is responsible for ensuring that DOE satisfies public health, safety, and environmental regulatory requirements. Once DOE files the license application, NRC will begin a four-stage process to process the application and decide whether to (1) authorize construction of the repository, (2) authorize construction with conditions, or (3) deny the application. As shown in figure 1, this process includes the following steps: Acceptance review. NRC plans to take up to 180 days to examine the application for completeness to determine whether the license application has all of the information and components NRC requires. If NRC determines that any part of the application is incomplete, it may either reject the application or require that DOE furnish the necessary documentation. NRC will docket the application once it deems the application complete, indicating its readiness for a detailed technical review. Technical review. The detailed technical review, scheduled for 18 to 24 months, will evaluate the soundness of the scientific data, computer modeling, analyses, and preliminary facility design. The review will focus on evaluating DOE’s conclusions about the ability of the repository designs to limit exposure to radioactivity, both during the construction and operation phase of the repository (known as preclosure) and during the phase after the repository has been filled, closed, and sealed (known as postclosure.) If NRC discovers problems with the technical information used to support the application, it may conduct activities to determine the extent and effect of the problem. As part of this review, NRC staff will prepare a safety evaluation report that details staff findings and conclusions on the license application. Public hearings. NRC will also convene an independent panel of judges— called the Atomic Safety Licensing Board—to conduct a series of public hearings to address contested issues raised by affected parties and review in detail the related information and evidence regarding the license application. Upon completion, the board will make a formal ruling (called the initial decision) resolving matters put into controversy. This initial decision can then be appealed to the NRC commissioners for further review. NRC commission review. In the likely event of an appeal, the NRC commissioners will review the Atomic Safety Licensing Board’s initial decision. In addition, outside of the adjudicatory proceeding, they will complete a supervisory examination of those issues contested in the proceeding to consider whether any significant basis exists for doubting that the facility will be constructed or operated with adequate protection of the public health and safety. The commissioners will also review any issues about which NRC staff must make appropriate findings prior to the authorization of construction, even if they were not contested in the proceeding. However, until DOE submits a license application, NRC’s role has involved providing regulatory guidance; observing and gathering information on DOE activities related to repository design, performance assessment, and environmental studies; and verifying site characterization activities. These prelicensing activities are intended to identify and resolve potential licensing issues early to help ensure that years of scientific work are not found to be inadequate for licensing purposes. DOE and NRC have interacted since 1983 on the repository. In 1998, they entered into a prelicensing interaction agreement that provides for technical and management meetings, data and document reviews, and the prompt exchange of information between NRC’s on-site representatives and DOE project personnel. Consistent with this prelicensing interaction agreement and NRC’s regulations, NRC staff observe and review activities at the site and other scientific work as they are performed to allow early identification of potential licensing issues for timely resolution at the staff level. EPA also has a role in the licensing process––setting radiation exposure standards for the public outside the Yucca Mountain site. In 2001, EPA set standards for protecting the public from inadvertent releases of radioactive materials from wastes stored at Yucca Mountain, which are required by law to be consistent with recommendations of the National Academy of Sciences. In July 2004, the U.S. Court of Appeals for the District of Columbia Circuit ruled that EPA’s standards were not consistent with the National Academy of Sciences’ recommendations. In response, EPA proposed a revised rule in August 2005. The director of EPA’s Office of Air and Radiation Safety told us that EPA plans to finalize its rule this year. In addition, NRC must develop exposure limits that are compatible with EPA’s rule. NRC published a proposed rule which it states is compatible with EPA’s rule, received public comments in 2005, but has not yet finalized the rule. If EPA’s rule does not change significantly in response to public comments, NRC’s rule would not require major revisions either and could be finalized within months. However, if EPA’s final rule has major changes, it could require major changes to NRC’s rule, which could take more than a year to redraft, seek and incorporate public comments, and finalize, according to NRC officials. In July 2006, DOE announced its intent to file a license application to NRC no later than June 30, 2008. OCRWM’s director set the June 30, 2008, goal to jump-start what he viewed as a stalled project. OCRWM’s director told us that he consulted with DOE and contractor project managers to get a reasonable estimate of an achievable date for submitting the license application and asked OCRWM managers to develop a plan and schedule for meeting the June 30, 2008, goal. OCRWM’s director believes this schedule is achievable, noting that DOE had already performed a significant amount of work toward developing a license application.