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United States of America Nuclear Regulatory Commission UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of ) ) Docket No. 63-001 U.S. DEPARTMENT OF ENERGY ) ) (High-Level Waste Repository) ) December 22, 2008 ____________________________________) PETITION FOR LEAVE TO INTERVENE BY THE COUNTY OF INYO, CALIFORNIA ON AN APPLICATION BY THE U.S. DEPARTMENT OF ENERGY FOR AUTHORITY TO CONSTRUCT A GEOLOGIC HIGH-LEVEL WASTE REPOSITORY AT A GEOLOGIC REPOSITORY OPERATIONS AREA AT YUCCA MOUNTAIN, NEVADA Greg James Attorney for the County of Inyo 710 Autumn Leaves Circle Bishop, California 93514 Tel: (760) 873-6838 Fax: (760) 873-7095 [email protected] TABLE OF CONTENTS Page I. IDENTIFICATION OF PETITIONER AND BASIS FOR STANDING 1 II. JOINT CONTENTIONS 2 III. CONTENTIONS CONTENTION NO. 1 INY-SAFETY-1: 3 FAILURE TO ADEQUATELY DESCRIBE AND ANALYZE THE FLOW PATH IN THE LOWER CARBONATE AQUIFER THROUGH WHICH CONTAMINANTS MAY MIGRATE AND ADVERSELY IMPACT AREAS WITHIN THE COUNTY OF INYO CONTENTION NO. 2 INY-NEPA-1: 16 FAILURE TO PROVIDE A COMPLETE AND ADEQUATE DISCUSSION OF THE NATURE AND EXTENT OF THE REPOSITORY’S DIRECT AND CUMULATIVE IMPACTS ON GROUNDWATER IN THE LOWER CARBONATE AQUIFER CONTENTION NO. 3 INY-SAFETY-2 26 FAILURE TO ADEQUATELY DESCRIBE AND ANALYZE THE IMPACT OF THE REPOSITORY IN COMBINATION WITH A CONTINUATION OF EXISTING LEVELS OF GROUNDWATER PUMPING ON THE POTENTIAL MIGRATION OF CONTAMINANTS FROM THE PROPOSED REPOSITORY CONTENTION NO. 4 INY-NEPA-2 34 FAILURE TO ADEQUATELY DESCRIBE AND ANALYZE THE CUMULATIVE IMPACT OF THE REPOSITORY IN COMBINATION WITH A CONTINUATION OF EXISTING LEVELS OF GROUNDWATER PUMPING ON THE POTENTIAL MIGRATION OF CONTAMINANTS FROM THE PROPOSED REPOSITORY CONTENTION NO. 5 INY-NEPA-3 44 FAILURE TO PROVIDE A COMPLETE AND ADEQUATE DISCUSSION OF THE NATURE AND EXTENT OF THE REPOSITORY’S CUMULATIVE IMPACT ON GROUNDWATER IN THE VOCANIC-ALLUVIAL AQUIFER. CONTENTION NO. 6 INY-NEPA-4 50 FAILURE TO PROVIDE A COMPLETE AND ADEQUATE DISCUSSION OF THE NATURE AND EXTENT OF THE REPOSITORY’S CUMULATIVE IMPACT FROM SURFACE DISCHARGE OF GROUNDWATER CONTENTION NO. 7 INY-NEPA-5 57 FAILURE TO PROVIDE A COMPLETE AND ADEQUATE DISCUSSION OF THE NATURE AND EXTENT OF THE NECESSARY MITIGATION AND REMEDIATION MEASURES FOR RADIONUCLIDES SURFACING AT ALKALI FLAT/FRANKLIN LAKE PLAYA CONTENTION NO. 8 INY-SAFETY-3 64 FAILURE TO ADEQUATELY DESCRIBE AND ANALYZE THE VOLCANIC FIELD IN THE GREENWATER RANGE IN AND ADJACENT TO DEATH VALLEY NATIONAL PARK CONTENTION NO. 9 INY-NEPA-6 71 FAILURE TO ADEQUATELY DESCRIBE AND ANALYZE THE DESCRIBE AND ANALYZE THE VOLCANIC FIELD IN THE GREENWATER RANGE IN AND ADJACENT TO DEATH VALLEY NATIONAL PARK THUS FAILING TO ASSESS THE POTENTIAL ENVIRONMENTAL IMPACTS RESULTING FROM IGNEOUS ACTIVITY THAT COULD DISRUPT THE RESPOSITORY CONTENTION NO. 10 INY-NEPA-7 79 FAILURE TO ADDRESS SOCIOECONOMIC IMPACTS IN THE COUNTY OF INYO CONTENTION 11 INY-(JOINT) SAFETY-4 (NYE–(JOINT) SAFETY-5 86 FAILURE TO INCLUDE THE REQUIREMENTS OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS), DATED MARCH 1, 2004, AND RELATED DOCUMENTATION IN SECTION 5.7 EMERGENCY PLANNING OF THE YUCCA MOUNTAIN REPOSITORY SAFETY ANALYSIS REPORT (SAR) CONTENTION 12 INY- (JOINT) SAFETY-5 97 (NYE-(JOINT) SAFETY-6) THE LA LACKS ANY JUSTIFICATION OR BASIS FOR EXCLUDING POTENTIAL AIRCRAFT CRASHES AS A CATEGORY 2 EVENT SEQUENCE. IV. SUPPORTING ATTACHMENTS 103 Attachment 1: Affidavit of John Bredehoeft and Attachments Attachment 2: Affidavit of Matt Gaffney and Attachment Attachment 3: Affidavit of Eugene I. Smith and Attachment I. IDENTIFICATION OF PETITIONER AND BASIS FOR STANDING In response to the October 22, 2008 “In the Matter of the U.S. Department of Energy (High Level Waste Repository); Notice of Hearing and Opportunity to Petition for Leave to Intervene on an Application for Authority to Construct a Geologic Repository at a Geologic Repository Operations Area at Yucca Mountain.” the County of Inyo, California (“County”) petitions for leave to intervene in this proceeding. The County requests a formal adjudicatory hearing one each of the contentions presented in this Petition in accordance with section 189a(1)(A) of the Atomic Energy Act of 1954, as amended, section 114(d) of the Nuclear Water Policy Action of 1982, as amended, 5 U.S.C §§554-558, and 10 CFR 2, Subparts C, G and J. The County is a political subdivision of the State of California and the County is an “affected unit of local government” as defined in section 2 of the Nuclear Waste Policy Act of 1982 as amended (42 U.S.C 10101). Name of Party: County of Inyo, California Address: Greg James Attorney for the County of Inyo 710 Autumn Leaves Circle Bishop, California 93514 Tel: (760) 873-6838 Fax: (760) 873-7095 Email: [email protected] The Office identified below should also be kept informed: Yucca Mountain Repository Assessment Office P.O. Box 367 Independence, California 93526 Tel: (760) 878-0030 Fax: (760) 878-2117 Email: [email protected] Pursuant to a clarification of its intent regarding 10 CFR §2.309(d) published in 73 Federal Register 63031, October 22, 2008, this Commission determined that an affected unit of 1 local government, need not address the standing requirements of 10 CFR 2.309(d) in a petition for leave to intervene. Accordingly, this Petition does not address such standing requirements. Also, in 73 Federal Register 63031, this Commission clarified that an affected unit of local government shall be considered a party to this proceeding if it files at least one admissible contention in accordance with 10 CFR 2.309. The County hereby submits 10 contentions and 2 joint contentions. The County respectfully requests that this Petition be granted. II. JOINT CONTENTIONS The County designates IC-(Joint) Safety _ and IC (Joint) Safety _ as Joint Contentions that are being submitted pursuant to 10 CFR 2.309(F)(3). These contentions are being jointly offered by Nye, Churchill, Esmeralda, Lander and Mineral Counties, Nevada, and Inyo County California. For each of these two joint contentions, Nye County, Nevada is the specific participant with authority to act with respect to each of the two joint contentions. The County reserves the right to join the contentions of other parties within a reasonable period of time after the contentions are filed or admitted. III. CONTENTIONS The County of Inyo’s contentions are presented below. 2 CONTENTION NO. 1 INY-SAFETY-1 FAILURE TO ADEQUATELY DESCRIBE AND ANALYZE THE FLOW PATH IN THE LOWER CARBONATE AQUIFER THROUGH WHICH CONTAMINANTS MAY MIGRATE AND ADVERSELY IMPACT AREAS WITHIN THE COUNTY OF INYO 1. STATEMENT OF LAW OR FACT RAISED OR CONTROVERTED [10 CFR 2.309(F)(1)(i)] The applicant (or “DOE”) failed to include in the Yucca Mountain Repository License Application (“LA”) and Safety Analysis Report (“SAR”) a description and analysis of the flow path in the lower carbonate aquifer through which contaminants can migrate from the proposed repository site to the biosphere including to areas within the County of Inyo. 2. BASIS OF THIS CONTENTION [10 CFR 2.309(f)(1)(ii)] The lower carbonate aquifer beneath the proposed repository site is a potential flow path for contaminants from the repository to migrate to the biosphere (including Devil’s Hole, springs at Ash Meadows, groundwater wells in the Amargosa Valley in Nevada and the Franklin Lake Playa and major springs near Furnace Creek in Death Valley National Park in Inyo County.) 10 CFR 63.21(c)(12) requires that the SAR must assess the ability of the proposed geologic repository to limit releases of radionuclides into the accessible environment as required by 10 CFR 113(c). 10 CFR 63.21(c)(9) requires that investigations of features, events and processes of site that are expected to affect waste isolation must extend from the surface to a depth sufficient to determine principal pathways for radionuclide migration from the repository. The LA and the SAR do not adequately access the flow path in the lower carbonate aquifer to the accessible environment. 3 3. THE ISSUE RAISED IN THIS CONTENTION IS WITHIN THE SCOPE OF THE PROCEEDING [10 CFR 2.309(f)(1)(iii)] See number 4 below. 4. THE ISSUE RAISED IN THIS CONTENTION IS MATERIAL TO THE FINDINGS THAT MUST BE MADE BY THIS COMMISSION TO SUPPORT THE ACTION INVOLVED IN THIS PROCEEDING [10 CFR 2.309(f)(1)(iv)] This Commission may only authorize construction of a geologic repository operations area at Yucca Mountain if it determines “[T]hat there is reasonable assurance that the types and amounts of radioactive material described in the application can be received and possessed in a geologic repository operations area of the design proposed without unreasonable risk to the health and safety of the public.” (10 CFR 31(a)(1). Further, this Commission must determine “[T]hat there is a reasonable expectation that the materials can be disposed of without unreasonable risk to the health and safety of the public.” (10 CFR 31(a)(2). In arriving at these determinations, this Commission must consider whether “DOE has described the proposed geologic repository as specified at §63.21.” 10 CFR 31(a)(3)(i). Guidance regarding the NRC staff evaluation of the adequacy of the LA’s evaluation of flow paths in the unsaturated zone is provided in the NRC Yucca Mountain Review Plan (NUREG-1804, Revision 2). Acceptance Criterion 1 on page 2.2-84 provides in pertinent part that NRC should find that: (2) The description of the aspects of hydrology, geology, geochemistry, design features, physical phenomena, and couplings, that may affect flow paths in the saturated zone, is adequate. The issue raised in this contention is material to the findings that must be made by the Commission because the determinations called for by 10 CFR 31(a)(1) and 10 31(a)(2) cannot be reasonably made in the absence of an adequate assessment in the LA and SAR of the risk of 4 contamination from the proposed repository reaching the biosphere through the lower carbonate aquifer.
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