DOE EM RAI and Contention Support

1. DOE EMRAI and Contention Support NSNFP Strategy MeetingWashington, DC Henry LooApril 2009

2. DOE EM RAI and Contention Support • DOE EM LA support • EM Support To-date • RAI status • Contention Status • Other EM support and Information • Summary

3. DOE EM LA Support • NSNFP tasked by DOE EM to support the RAIs from the NRC • Distribute, develop draft responses (as requested), and review RAIs relative to the DOE materials • Include appropriate DOE EM federal and contractor personnel from both SNF and HLW program in this process • 46 reviewers total • NSNFP also tasked by DOE EM to support the YM contentions process • Distribute, review and help with the responses (as requested) • Include appropriate DOE EM federal and contractor personnel from both SNF and HLW program in this process

4. EM Support To-date • RAIs coincide with the 5 LA SAR Groups of documents: 1. Surface Design (16/24)* 2. Subsurface Design and waste package (6/7)* 3. Preclosure safety analysis and criticality (12/62)* 4. Postclosure analysis and activities (124/186)* 5. Programmatic (27/37)* NNPP RAIs handled separately - not included in RAI numbers shown • 321 contentions from 14 petitioners *The number represents (RAIs responses submitted to NRC/Total RAIs received in the group)

5. RAI Status • EM supported draft response development (as requested) and reviewed and approved final RAI responses per schedule • RW is expecting 1,300 RAIs from the NRC but it could be as high as 2,000 • 316 RAIs received (about 24% if 1,300) with 185 responses completed • The NRC had predicted that they would provide 80% of the RAIs by April 2009 • That might explain the recent surge in RAIs (135 received from March 3rd to April 3rd) • Thanks to everyone for your support of the RAI process

6. Contention Status • All contentions, DOE responses, and petitioner counter responses in the NRC’s Adams Web Page • NRC established 3 Atomic Safety Licensing Boards (3 members each) to review the contentions • Prehearing Conferences held 3-31-2009 thru 4-2-2009 −Transcripts of contention proceedings provided to all last week via Jim Linhart e-mail • Most of the discussions dealt with how to determine the merit of each contention and the views of the NRC, DOE, and the petitioner’s relative to the requirements in the regulations and the basis of each party’s position • The dismissal by DOE of most contentions was based on legal grounds and not technical issues

7. Other EM Support and Information • Since the last strategy meeting, EM also supported the review of several RW documents (procedures and plans) • With the RW funding reduction, RW has directed the new M&O contractor to continue to support the LA only – all repository design activities have been placed on hold • The analyses of a drop on top of the MCO was completed by the NSNFP and BSC completed the “draft” analysis of the drop of a naval canister • Because of budget and manpower constraints, RW does not plan to complete any additional work on the MCO or naval canister until FY-2010

8. Summary • EM is playing an important role in the RAI process • RW is now expecting about 1,300 RAIs • As of April 3rd, RW received 316 RAIs (~24%) and submitted responses to 185 RAIs. EM has helped in both developing draft responses and reviewing the RAIs per the RW schedule • The contention hearing process has started • MCO analysis has been placed on hold by RW until FY-2010