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HomeMy WebLinkAboutPSD-107-05 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 6, 2005 Report #:File #: By-law #: PSD-107-05 PLN 33.13 Subject: NUCLEAR WASTE MANAGEMENT ORGANIZATION – COMMENTS ON DRAFT STUDY REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-107-05 be received; 2. THAT Staff Report PSD-107-05 be adopted as the Municipality of Clarington’s comments on the Nuclear Waste Management Organization’s Draft Study Report, "Choosing A Way Forward"; 3. THAT the Independent Peer Review prepared by Acres – Sargent and Lundy regarding the Draft Study Report prepared by the Nuclear Waste Management Organization be endorsed; 4 THAT the NWMO be requested to specifically recognize in the Final Study Report that the interim storage of used nuclear fuel waste at the existing reactor sites is an integral component of Adaptive Phased Management and that the existing host communities be considered as the first host communities in the implementation of Adaptive Phased Management for the purposes of compensation; and 5. THAT a copy of this Report and Council’s resolution be forwarded to the Nuclear Waste Management Organization, the Board of Directors and Advisory Council for the NWMO, the member municipalities of the Canadian Association of Nuclear Host Communities, the Honourable John Efford the federal Minister of Natural Resources, Bev Oda, M.P., and John O'Toole, M.P.P. FORTHWITH. REPORT NO.: PSD-107-DS PAGE 2 Submitted by: Reviewed b~~~ '- Franklin Wu Chief Administrative Officer v . Crame, M.C.I.P.,R.P.P. Director, Planning Services JAS/FLlDJC/df 18 August 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-107-05 PAGE 3 1.0 BACKGROUND 1.1 The Nuclear Waste Management Organization (NWMO) was created by the Government of Canada in 2002 through the Nuclear Fuel Waste Act to investigate approaches for the long term management of Canada’s used nuclear fuel. The NWMO is required to submit a recommended approach and implementation plan to the Minister of Natural Resources Canada by November 15, 2005. The Minister may seek public comment on the study, or request the NWMO to undertake further work, before providing a recommendation to the Government. 1.2 The Act requires the NWMO to consider, at a minimum, the following three approaches - extended storage at reactor sites; storage at a central location; and deep geological disposal in the Canadian Shield (Atomic Energy of Canada Limited (AECL) concept). The NWMO will be the implementing agency once a management approach is approved by the Government and is only responsible for the used fuel waste expected to be generated by the existing nuclear reactors for their current design lives (approximately 3.7 million fuel bundles). The Act also introduced requirements for the producers of the used nuclear fuel to set aside sufficient funds to ensure the availability of adequate resources for managing the waste over the long term. 1.3 The NWMO is attempting to develop a management approach for the long-term care of Canada’s used nuclear fuel that is socially acceptable, technically sound, environmentally responsible and economically feasible. In order to fulfill its mission, the NWMO has embarked on an extensive consultation and study process, and has previously released two major reports for public discussion - Asking the Right Questions (November 2003), and Understanding the Choices (September 2004). Council submitted comments on the second report through its consideration of Staff Report PSD-007-05 on January 10, 2005. 1.4 In late May 2005, the NWMO released its Draft Study Report, Choosing A Way Forward. In this report, the NWMO has proposed that a fourth option, which they have called "Adaptive Phase Management" (APM), be considered for the long term management of Canada's nuclear fuel waste. APM is essentially the deep geological repository option with an extended schedule that incorporates steps and decision points that provide flexibility and adaptability during implementation, including provision for shallow underground storage of the waste at the central site prior to final placement in a deep repository. In addition to the crystalline rock of the Canadian Shield previously identified, Ordovician sedimentary rock such as that found in Southern Ontario, the St. Lawrence valley, and the Hudson's Bay basin has also been identified as potentially providing a suitable rock formation for the repository. A more complete description of APM is provided in Section 2 of this report. REPORT NO.: PSD-107-05 PAGE 4 1.5 The NWMO has indicated that, subject to further refinement based on comments received through consultation, it will be recommending to the Government of Canada that APM be selected as the approach for the long term management of Canada's nuclear fuel waste. However, the NWMO will not be recommending a specific site for the central site at that time. Rather, it will be identifying a number of broad economic regions in Ontario, Quebec, Saskatchewan and New Brunswick within which it intends to seek a willing host community. 1.6 The purpose of this staff report is to give an overview of the NWMO Draft Study Report and to provide the Municipality's comments on the report. The NWMO has requested that comments be submitted by August 31, 2005. As such, this report has already been forwarded to the NWMO as the Municipality’s preliminary comments, to be confirmed by Council. Comments provided by Acres-Sargent & Lundy (ASL) the peer review consultant retained by the Canadian Association of Nuclear Host Communities (CANHC), have also been incorporated into this report, where appropriate. The executive summary from the ASL report forms Attachment 3 to this report. 2.0 OVERVIEW OF ADAPTIVE PHASED MANAGEMENT 2.1 The NWMO developed APM in response to comments made by Canadians that this current generation should initiate the process and provide the necessary financial resources to ensure the safe long term management of the used nuclear fuel, that further research is required on the management and possible re-use of the used fuel, and that future generations should make the final determination on the final disposal of the waste. In this regard, APM is intended to capture the strengths of the other three options while minimizing their limitations. 2.2 APM is to be implemented in three phases, with Year 1 being that in which the Government of Canada decides to proceed with APM. The NWMO has cautioned however, that this projected schedule is conceptual only and may change as the implementation process proceeds. A chart setting out the projected timeframe and the key steps in the implementation process forms Attachment 2 to this report. 2.3 During Phase 1 (approximately the first 30 years), the used nuclear fuel would continue to be stored at the existing reactor sites and the NWMO would initiate the search for a willing host community. The schedule assumes that a preferred site would be selected in Year 10. An underground research facility would be constructed at the central site and in Year 20, the decision would be made whether or not to construct the shallow storage facility at the central site. REPORT NO.: PSD-107-05 PAGE 5 2.4 Phase 2 would begin at approximately Year 30 with the start of operations at the underground research facility where research would be conducted to confirm the suitability of the site for the deep geologic repository for placement in the repository. If the shallow storage facility has been constructed, the used nuclear fuel would be transported to the central site and moved into the storage facility. If the storage facility is not constructed, the used fuel would continue to be stored at the existing reactor sites. Around Year 50, construction of the deep geologic repository would begin. 2.5 Receipt of the operating license for the deep geologic repository would mark the start of Phase 3 at approximately Year 60 and placement of the used nuclear fuel in the repository would take place over a 30 year period. If the used nuclear fuel remains stored at the existing reactor sites, it would be transported to the central site. In-situ monitoring would be conducted over an extended period (estimated to be 240 years) to confirm the long term safety and performance of the repository, after which the repository would be backfilled and access sealed. Post-closure monitoring would take place from the surface. 2.6 During each phase, the used nuclear fuel will be safely stored in appropriate containers. Storage containers at the reactor sites will consist of the casks, vaults and silos currently used in the dry storage facilities. These containers have a design life of 50 years but are expected to last as long as 100 years. Prior to the waste being transported to the central site, it would have to be placed in certified transport containers. The storage containers to be used for the shallow storage facility (if constructed) would be similar to the dry storage containers currently being used, except with a 100 year design life. The containers to be used for the long term isolation of the waste in the repository would have a 100,000 year design life and would be designed to withstand long term environmental effects such as climate change and glaciation. 2.7 The NWMO has conservatively estimated the cost of APM to be $24 billion, including interim used fuel storage and retrieval from reactor sites, transportation costs to the central facility, extended storage in underground caverns, technology research and development and demonstration at the underground research facility, and placement of the used fuel in a deep geologic repository. These costs include the development and demonstration of the technology to retrieve the fuel from the shallow storage facility, but not the costs to perform retrieval operations from the deep repository. The present value cost based on current long term economic factors is approximately $6.1 billion. REPORT NO.: PSD-107-05 PAGE 6 3.0 DISCUSSION AND COMMENTS Recommended Management Approach 3.1 Discussion 3.1.1 Each of the three original management options considered by the NWMO exhibits strengths and weaknesses. For example, extended storage at reactor sites would not require the transportation of the used nuclear fuel, but would impose on-going responsibilities for the management of the waste for many thousands of years at sites not specifically chosen for this purpose. Centralized storage would provide more effective security for the waste, but would also impose long term obligations on future generations. Deep geological disposal would provide effective passive containment and isolation of the waste, but would not allow future generations to retrieve the fuel if scientific advances allow it to be safely re-used. In this regard, several factors have to be balanced when determining the most appropriate management approach for Canada's used nuclear fuel. Comments 3.1.2 The Municipality agrees with the assessment undertaken by the NWMO that none of the three original management options completely achieves the objectives set out by the NWMO or as expressed by Canadians. The Municipality also agrees that APM, if implemented properly and in a timely manner, will provide a technically effective, flexible and balanced approach for the long term management of Canada's used nuclear fuel. 3.1.3 However, the Municipality is concerned that APM can be used as an excuse to delay the implementation of a management approach and that the waste will remain at existing sites indefinitely and long after the existing reactors have stopped producing electricity. This concern is supported by the NWMO's failure to firmly commit to the construction of a shallow storage facility at the central site in Phase 1. If this facility is not constructed, the used nuclear fuel will remain at the existing reactor sites for up to 90 years (assuming that the projected timeline is adhered to). Although it could be argued that, because of the adaptability inherent in APM, it would not be appropriate to impose a management decision on future generations, it could also be argued that a decision not to construct the storage facility is unfair to the existing host communities. The Final Study Report and the implementation plan need to clearly commit to the construction of the shallow storage facility at the central site. REPORT NO.: PSD-107-05 PAGE 7 Difficulties With Implementation 3.2 Discussion 3.2.1 The implementation process is key to the effectiveness of any management approach. However, there are a large number of factors that, individually and collectively, could create significant delays in the implementation of APM. These factors could include: ? Failure by the Government of Canada to accept the NWMO's recommendation within a reasonable time period (eg. within two years of its submission). The NWMO has estimated that the internal review by federal departments should require approximately eight months. The siting process cannot start until this step is completed. ? The inability of the NWMO to identify a willing host community by Year 10. The NWMO has indicated that it is not their intention to impose a site on a community and that they will continue with their engagement process until a willing host community for the repository has been identified. The NWMO hopes to learn from the experiences of Sweden and Finland who have undertaken successful site searches for willing hosts. ? A decision by an apparent willing host community to withdraw its consent. Given the lengthy time frame required for the implementation of APM, it is possible that the identified willing host community could withdraw its consent part way through the implementation process. ? The time required to develop the necessary knowledge regarding the suitability of Ordovician sedimentary rock for a deep geologic repository. Limited rationale is provided in the Draft Study Report for identifying this rock formation as a suitable medium for a repository. Since most of the research undertaken to date on the deep geologic repository option has been based on the AECL concept (building the repository in the granitic rock of the Canadian Shield), a substantial amount of time may be required to build a similar level of knowledge for sedimentary rock, which could create delays in the siting process. ? Difficulty in transporting the used nuclear fuel to the central site as a result of social protests and potential legal action. The actual transportation of the used nuclear fuel to a central site is expected to require approximately 30 years. Whether the transportation occurs in Phase 2 or Phase 3, this issue could prove to be one of the most problematic factors in the implementation of APM. REPORT NO.: PSD-107-05 PAGE 8 Comments 3.2.2 The Municipality is concerned that the very long time frame required for the implementation of APM will make it difficult to maintain the necessary political will to ensure that the implementation process is completed in a timely fashion. In order to ensure that the used nuclear fuel does not remain at the existing reactor sites for an indefinite period of time or that on-site storage becomes the management approach by default, a detailed implementation schedule should be developed with key milestones/decision points clearly identified, and the Government of Canada, the waste owners and the NWMO should formally commit to adhering to this schedule. 3.2.3 In the short term, it is imperative that the Government commit to making a timely decision on a management approach. Failure to make such a decision will delay the initiation of the implementation plan and the search for a host community, and could disrupt the momentum and technical expertise that has been built up by the NWMO over the past three years. 3.2.4 The NWMO's Draft Study Report does not specifically acknowledge the potential for the implementation of APM to be delayed. The Final Study Report should identify and assess the factors that may delay or defer key milestones and decision points, and appropriate contingency plans and mitigation measures should be articulated in the Implementation Plan. The NWMO could also supplement its public engagement strategy in order to assess the concerns and possible impact of potential opposition groups and develop appropriate response strategies. Existing Host Communities 3.3 Discussion 3.3.1 The Nuclear Fuel Waste Act requires the NWMO to address significant socio- economic effects as part of their implementation planning. The NWMO has confirmed that the socio-economic dimension is the key to the success of their strategy for managing used nuclear fuel, and has committed to a process of on-going engagement with affected communities. Sufficient resources and information will be provided to ensure that these communities have the capacity to participate in discussions and decision-making. The Draft Study Report identifies five potential means to manage socio-economic effects - mitigation, enhancement, compensation, monitoring and contingency measures, and community liaison measures. 3.3.2 There appears to be some inconsistency regarding the role of the NWMO in working with the current host communities as it develops its recommended management approach and implementation plans. The Draft Study Report clearly states that the NWMO will work collaboratively with affected REPORT NO.: PSD-107-05 PAGE 9 communities to develop and implement the recommended management approach, and it clearly identifies current reactor site communities as implicated communities of interest for each of the management approach options under consideration. For example, in Table 4-11 of the Report, “Describing Implicated Communities for the Four Management Approaches,” the reactor site communities are specifically identified as communities of interest until all used nuclear fuel is relocated. Furthermore, the cost estimates developed by the NWMO for each of the management approaches includes the costs for socio-economic mitigation measures such as compensation. It would appear therefore, that the NWMO had been planning to include the current host communities in considerations for managing and mitigating the socio-economic effects related to the adoption of Canada’s new long-term used fuel management policy. 3.3.3 However, the NWMO has recently advised that the used fuel owners are responsible for the interim management and storage of the used fuel, including socio-economic effects management and mitigation. The NWMO would not become involved in discussions or actions related to current interim storage arrangements, and their obligations would not begin until the used fuel leaves its current locations. Accordingly, the current host communities would need to pursue the issue of socio-economic impact mitigation with the current fuel owners as opposed to the NWMO. Comments 3.3.4 The position taken by the NWMO that they have no responsibility for the used nuclear fuel while it remains at the existing reactor sites does not recognize that reactor site storage is integral to the success of APM. The continued safe storage of the waste at the reactor sites for as short a period as 30 years or as long as 90 years or beyond provides the NWMO with the assurances and flexibility that it needs to ensure that APM is properly implemented. Indeed, the NWMO has promoted Adaptive Phased Management as a blend of the other three management approaches, including Reactor Site Storage. In this regard, interim storage at the current reactor sites is the first step of Adaptive Phased Management and the existing host communities should be considered as the first host communities in the implementation of Adaptive Phased Management. 3.3.5 It also needs to be emphasized that the existing reactor sites were selected on the basis of their suitability for the development of nuclear generating stations and not for the long term storage of the used nuclear fuel. Similarly, the existing host communities, in concurring with the interim storage of the waste on-site in dry storage containers, did not concur with, nor did they receive compensation for, an extended and potentially indefinite period of on-site storage. It should be noted that AECL has been studying the issue of long term management of used nuclear fuel since the 1970s and, since that time, deep geological REPORT NO.: PSD-107-05 PAGE 10 disposal has been considered the most technically suitable approach. Clarington has always anticipated that a long-term management solution for the used nuclear fuel produced at the Darlington Generating Station would have been built or at least approved within a reasonable time period. 3.3.6 It is imperative that existing host communities be treated fairly and equitably in the implementation of APM. The NWMO should explicitly recognize their importance to the successful implementation of APM, and clearly state its intention to afford the current host communities the same considerations as a new host community once APM is approved by the Government of Canada. In this regard, the NWMO should specifically address the issue of compensation and on-going peer review funding for existing nuclear host communities. Identifying a Willing Host Community 3.4 Discussion 3.4.1 Finding a willing host community for the long term waste management facility within a reasonable time period is critical to the success of APM. In this regard, the challenge facing the NWMO is unprecedented in Canada. The engagement process with the various stakeholders and affected communities will need to be innovative in order to keep them effectively engaged over a number of generations. Education regarding radiation in general and nuclear waste management specifically will be necessary in order to allow these groups to make informed decisions and to counter the inevitable opposition that will arise. 3.4.2 A difficulty with the projected timeframe for identifying a host community proposed by the NWMO (ie. 10 years) is that a number of important issues may not be decided prior to the siting decision. Key among these is the volume of waste that will be accepted at the new management site. The NWMO has indicated that it will only deal with the used nuclear fuel from existing reactors. 3.4.3 The Municipality agrees that a decision on the long term management of this waste cannot wait until the broader issues related to energy policy and the future of nuclear power are decided. However, it should also be recognized that a siting decision made in the absence of this important information may not be fair to not only the potential host community, but other affected communities as well. Given the cost, time and complexity involved with the current NWMO process, it is reasonable to expect that used fuel waste from any new nuclear generating stations will eventually be moved to an existing long term management facility. 3.4.4 A comparable situation is faced by existing host communities. At the time the decision was made to build the nuclear stations, these communities were not aware that the used nuclear fuel would be stored at the reactor sites for a REPORT NO.: PSD-107-05 PAGE 11 potentially indefinite period. Continuing refurbishments could extend the projected operating lives of the generating stations, thereby adding to the stockpile of used fuel waste that must be safely stored on-site and eventually moved to a long term management facility. Therefore, it is important that any potential host community be fully aware of the implications of accepting a long term management facility for used nuclear fuel. Comments 3.4.5 The NWMO should commit to providing the necessary resources to enable affected groups, including existing host communities, to be effectively involved in the siting process and to make informed decisions. Such resources should include education regarding radiation and nuclear waste management. 3.4.6 Given the number and diversity of communities involved in the siting process, both now and in the future, the NWMO must recognize that a broad consensus or a high degree of social acceptability will probably never be achieved. In order to avoid paralyzing the siting process, the NWMO needs to develop realistic criteria by which social acceptability within each community can be determined. 3.4.7 The NWMO study must acknowledge that the siting process cannot move forward in isolation from a broader discussion on energy policy and the future of nuclear energy. This is critical to ensure that potential future host communities are aware of the long term implications of accepting a management facility for used nuclear fuel. Similarly, the host communities for any new nuclear generating facilities must also have assurances that the used fuel waste will not remain on-site indefinitely. 4.0 CONCLUSIONS 4.1 Adaptive Phased Management possesses the potential to provide a balanced and effective strategy for the long term management of Canada's nuclear fuel waste. However, the identification of APM and its approval by the Government of Canada is only the first step in an implementation process that will span many years and engage many future generations. 4.2 Given the enormity of the task facing the NWMO, the Municipality of Clarington and the other existing host communities must continue to ensure that their comments and concerns are heard and addressed by the NWMO. This is important to ensure that the existing reactor sites do not become the long term management solution by default and that appropriate compensation is provided to these communities. REPORT NO.: PSD-107-05 PAGE 12 Attachments: Attachment 1 Glossary of Terms Attachment 2 Key Steps in Implementation of Adaptive Phased Management Attachment 3 Executive Summary – ASL Peer Review Report Interested parties to be advised of Council and Committee’s decision: Ms. Elizabeth Dowdeswell Nuclear Waste Management Organization Board of Directors Nuclear Waste Management Organization Advisory Council Nuclear Waste Management Organization Mr. Roger Anderson, Chair The Regional Municipality of Durham Mayor David Ryan City of Pickering Mayor Glenn Sutton Municipality of Kincardine Mayor Ann Aikens Town of Deep River Mayor Len Simpson Town of Pinawa Mayor Maurice Richard Laville de Becancour Mayor Norm McFarlane City of Saint John Mayor Rick Austin Municipality of Port Hope Mr. John Efford Minister of Natural Resources Canada Ms. Beverly Oda, M.P. REPORT NO.: PSD-107-05 PAGE 13 Mr. John O'Toole, M.P.P. REPORT NO.: PSD-107-05 INTERESTED PARTIES LIST Ms. Elizabeth Dowdeswell, President Mayor Ann Aikens Nuclear Waste Management Town of Deep River Organization P.O. Box 400 49 Jackes Avenue 100 Deep River Road Toronto, ON M4T 1E2 Deep River, ON K0J 1P0 Board of Directors Mayor Len Simpson Nuclear Waste Management Town of Pinawa Organization P.O. Box 100 c/o Ms. Kathryn Shaver, Executive Burrows Road Director Pinawa, MB R0E 1L0 Nuclear Waste Management Organization Mayor Maurice Richard 49 Jackes Avenue La Ville de Becancour Toronto, ON M4T 1E2 1295, Avenue Nicolas-Perrot Becancour, PQ G9H 3B8 Advisory Council Nuclear Waste Management Mayor Norm McFarlane Organization City of Saint John c/o Ms. Kathryn Shaver, Executive 15 Market Square Director P.O. Box 1971 Nuclear Waste Management Saint John, NB E2L 4L1 Organization 49 Jackes Avenue Mayor Rick Austin Toronto, ON M4T 1E2 Municipality of Port Hope 56 Queen Street Roger Anderson, Chair P.O. Box 117 The Regional Municipality of Durham Port Hope,ON L1A 3V9 605 Rossland Rd. E. Whitby ,ON L1N 6A3 The Honourable Mr. John Efford Federal Minister of Natural Resources Mayor David Ryan House of Commons City of Pickering Ottawa, ON K1A 0A6 One The Esplanade Pickering, ON L1V 6K7 Ms. Bev Oda, M.P. 68 King Street East Mayor Glenn Sutton Bowmanville, ON L1C 3X2 Municipality of Kincardine 1475 Concession 5 Mr. John O'Toole, M.P.P. R.R. # 5 77 King Street E. Kincardine, ON N2Z 2X6 Bowmanville, ON L1C 1N4 Attachment 1 Glossary of Terms AECL Atomic Energy of Canada Limited APM Adaptive Phased Management ASL Acres/Sargent & Lundy (CANHC peer review consultant) CANHC Canadian Association of Nuclear Host Communities NWMO Nuclear Waste Management Organization Present Value The amount of money that must be invested today to earn compound interest in order to yield enough future value to cover costs at a known period of time. AECL APM ASL CANHC NWMO Present Value Attachment 1 to Report PSD-107-05 Glossary of Terms Atomic Energy of Canada Limited Adaptive Phased Management Acres/Sargent & Lundy (CANHC peer review consultant) Canadian Association of Nuclear Host Communities Nuclear Waste Management Organization The amount of money that must be invested today to earn compound interest in order to yield enough future value to cover costs at a known period of time. I- Z w ::ii: w Cl <( z <( ::ii: c w m <( :J: ll. W > j:: ll. <( C <( u. o z o !;( I- Z w ::ii: w ...J ll. ::ii: z m ll. W ?- m >- w ~ o ~.... ~ "' C1l >- ~ CO 0'" :;::: "' ... :J Co It> ATTACHMENT 2 to Report PSD-107-05 + o o M + o o ..... o '" o 00 o ... o M o N ... C1l III "' J: Q. o ..... - -=- -0 Q) t> ::J ~ "' C o u >- ~ .8 "(i; o 0. ~ U "0, o "5 Q) Cl 0. Q) Q) o c _ 0 :.:;. "O.;j) 2 0 ffi "E!i1 "(i; Q) - '0, E -"0 0 en ~ Q) ro 0 ...... > "'0 (.) a3 e Q> ! ~ Q) oQ.C) 00"0 cc.a. 0)='="'0 :::: ro ~ .~ ~ ffi as (5"'0 L... a. 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EXECUTIVE SUMMARY 1.1 OVERVIEW Acres-Sargent & Lundy (ASL) was engaged by the Canadian Association of Nuclear Host Communities (CANHC) to assist in its evaluation of Canada's Nuclear Waste Management Organization (NWMO) process for the future management of Canada's used nuclear fuel. Specifically, CANHC requested ASL to review NWMO's Draft Study Report "Choosing a Way Forward: The Future Management of Canada's Used Nuclear Fuel." Accordingly, ASL performed a broad review of the Draft Study Report with the overall objective of identifying issues or questions that CANHC should focus on as the NWMO continues its process. The NWMO was established in 2002 under the Nuclear Fuel Waste Act (NFW A) to investigate approaches for managing Canada's used nuclear fuel. The Nuclear Fuel Waste Act requires the NWMO to recommend a preferred management approach to the Government of Canada by November IS, 2005. The NWMO will then 'implement the approach chosen by the Government As noted in the NWMO's Fact Sheet 9, "The NWMO Study Process," the NWMO has committed to "develop collaboratively with Canadians a management approach that is socially acceptable, technically sound, environmentally responsible, and economically feasible." The purpose of the Draft Study Report is to present the NWMO's recommended approach for the long-term management of used nuclear fuel in Canada. The NFW A requires that the following three primary management approaches, as a minimum, be studied: deep geological disposal" storage at nuclear reactor sites, and centralized storage. However, the NFW A also noted that other methods may be considered. Based on its assessment of the three primary approaches, the NWMO decided that there is "considerable merit" in developing and assessing another approach that leverages the strengths of the primary options while minimizing their risks and unfavorable aspects. Accordingly, the NWMO developed a new option called Adaptive Phased Management (APM) that is intended to capture the strengths and mitigate the limitations of the other options. The NWMO has designated APM as the preferred management approach. APM is essentially the deep geological disposal option, but with an extended schedule that specifically incorporates steps and decision points that provide flexibility and adaptability during implementation. During Phase I of the APM scheme, used nuclear fuel would remain at the current nuclear reactor sites under current storage and monitoring conditions. Research would continue into technology improvements for used fuel management. The key activity during this phase is the selection of a preferred site and the decision of whether or Project 11769-011 S L-OOB521-FinaJ.docl071 505 [iiiL~ ~'U.ldy Acres-S&L 1.2 SL-008521 Final not to construct a shallow central underground storage facility. If the decision is made to not construct the shallow storage facility, then the used fuel would continue to be stored at the reactor sites until it is moved to the deep repository during Phase 3. Phase 2 would begin with the operation of the underground research laboratory. This laboratory would demonstrate the technology to be used and confirm that the selected site is suitable for a deep repository. \fthe shallow storage facility is constructed, then used fuel would be transported there from the reactor sites during this phase. If it is not constructed, the used fuel would remain at the reactor sites until transported for placement in the deep repository. Phase 3 begins with the receipt of the operating license for the deep repository. Assuming the shallow central storage facility was constructed in Phase 2, fuel transport and repackaging would continue in Phase 3 with the fuel now being placed in the deep repository, and extended in- place monitoring would begin. Access to the repository would be maintained to assess the performance of the repository system and to allow retrieval of the used fuel, if desired. Finally, a decision on when to close and decommission the deep geological repository facility would be made. Although the APM process is flexible, the final disposition is firm, in that the used fuel will be disposed in a deep geological repository. The following figure illustrates the impact on the duration of interim onsite storage associated with the different management options. Figure 1-1 _ Comparison of potential Interim Storage Durations Now Years after Approach Selected o 10 20 30 40 50 60 70 80 90 100 ? Project 11169-1>11 SL.008S21~F inal.docl07150S r.:~;;;;l !~.IJ if (il.!l, ~'UJnOV .J Acres-S&L 1-3 SL-008521 Final There are two key points illustrated in this figure. The first key issue is that the durations are all impacted by how long it will take before a decision is made to select an approach. The second key issue is that used nuclear fuel could remain in interim storage at the current reactor sites for over 90 years from now. This duration may exceed the storage capacity and licensing parameters for these facilities, and could create technical and security concerns that were not envisioned when these facilities were designed and approved for short-term interim storage. Overall, ASL believes that the Adaptive Phased Management. approach effectively addresses many of the concerns or weaknesses associated with the other options, while building on their strengths. The Adaptive Phased Management approach is technically reasonable and achieves its goal of providing balance relative to the assessment attributes. 11 should be noted that while there are significant risks and costs, along with benefits, associated with the APM, this approach is considered to be advantageous compared to the three primary alternatives. 1.2 KEY ISSUES AND RECOMMENDATIONS ASL identified several issues and corresponding recommendations during its independent peer review of the Draft Study Report as summarized in Table I-I. The issues related to the Draft Study Report are discussed in Section 3; the issues related to Adaptive Phased Management are discussed in Section 4; and the issues related to implementation planning are discussed in Section 5. Table 1-1 -Issue and Recommendation Summary Issue Draft Study Report There is a risk associated with an approach that combines quantitative and qualitative assessment factors, in that more weight can be given to quantifiable versus qualitative factors. For example, while the Golder/Gartner Lee analysis acknowledges the potential for significant cost impacts related to social protests, it later notes that "the risks and costs are not significant" for transporting used fuel in a centralized approach. The NWMO should develop an assessment of the qualitative risks and costs included in its analysis, as weli as an assessment of the direct and implicit assumptions, to ensure that appropriate contingency measures have been considered if extreme or unlikely events occur. These assessments should be included in the Final Study Report. Project 11769-011 SL_008521_Final.docl07150S [i-] llm,t..... &M~\,.o..n<<y , Acres-S&L 1-4 SL-008521 Final ,. --,- ... . < :' ,...'.,'.. .... R~corOrI1~lldatio~ .";}>. ,. Is.sue .. ..,}> , '> ... .,' .,'.'., ,.,. ..... The Golder/Gartner Lee assessment refers to the impact that could result from opposition groups, such as the potential for The NWMO should supplement its public social protests that could affect the transportation of used fuel. engagement strategy as required to However, there is no formal discussion or assessment of assess the concems, positions, and opposition groups, or a discussion of possible mitigating possible impact of potential opposition measures needed to address this issue. This would be groups. This assessment should be . relevant or could be a significant concern if these groups are performed during implementation planning, able to stop or change transportation options, which could and mentioned in the Final Study Report. mean that onsite storage is extended or becomes the long- term approach. In discussions with ASL the NWMO clarified that certain socia- The NWMO should clarify its position economic impact mitigation measures, such as compensation towards the current host communities for the unavoidable or residual adverse impacts of the relative to changes in the planned duration management approaches, are not being considered for the of interim storage in the Final Study current host communities. The NWMO noted that the used fuel Report. For example, the NWMO should owners are responsible for the interim management and clearly state whether or not it plans to storage of the used fuel, including socio-economlc effects afford the current host communities the management and mitigation. Accordingly, the NWMO would same considerations as new host not become involved in discussions or actions related to communities for changes in interim storage current interim storage arrangements, and the NWMO's plans once a new national policy is obligations would not begin until the used fuel leaves its decided upon. current locations. Adaptive Phased Management The Draft Study Report, in Section 3.3, specificaily discusses The NWMO should develop a specific the advantages and limitations of the three primary discussion of Adaptive Phased management approaches (Deep Geological Disposal in the Management advantages and IimUations, Canadian Shield Storage at Nuclear Reactor Sites, and comparable to the write-ups for lt1e other Centralized Sto~ge). However, the report does. n~ include a options found in Secti?n 3.3. This . comparable discussion of the advantages and limitations for discussion should be Included In the Final Adaptive Phased Management. Study Report. The NWMO shOuld ensure that lt1e implementation plans for Adaptive Phased Management consider the potential impact There is a potential that some of the decisions that are a of delaying or deferring decisions, and should develop corresponding critical part of Adaptive Phased Management could be delayed contingencies and mitigation measures as or deferred for longer than expected. Any type of delays would appropriate. For example, implementing require a continuation of interim storage, with the risk that on- legislation could include requirements that site interim storage would become the de facto long-term the used fuel will be moved off-sUe Within a management approach. As noted throughout the Draft Study defined time-frame, or else ceriain Report, that option has several disadvantages, nol the le~st of mitigation measures would go Into effect. which is the lack of fairness to the current host commUnities. This issue will have to be addressed during Implementation planning, but it should be mentioned in the Final Study Report. Project 11769-011 SL--0O8S 21.Final.docl071 505 rt---;l ll~\ ..fj'........ Acres-S&L Issue The NWMO's Draft Study assesses the technical aspects of transportation, such as the number of shipments, estimated costs, and statistical accident rates. The Draft Study also notes that there are significant economic benefits associated with transportation, such as the number of jobs created. However, the study does not fully address the negative socia-economic impacts or the potential impact of opposition groups. If these types of events effectively stop impiementation of Adaptive Phased Management or another recommended approach, then the status quo option of onsite storage will become the default approach. The potentiai duration of interim storage is impacted by how long it will take to select a management approach. With the recommended approach, Adaptive Phased Management, used nuclear fuel couid potentially remain in interim storage at the current reactor sites for over 90 years from now. This duration may exceed the storage capacity and licensing parameters for the interim storage facilities, and could create technical and security concerns that were not envisioned when these facilities were designed and approved for short-term interim storage. For example, the security risks for locations near heavily populated urban areas and adjacent to the Great Lakes may be significantly increased if the duration of interim storage significantly increases at these locations. 1-5 SL-008521 Final ,.:/.:xt.'.J.:i.';.ii.;:i..:.:'.:.;..:.,._..-.;,:,....",':'>': RecommendatIon .. The NWMO should ensure that transportation issues are studied and addressed in greater detail as it continues its planning and implementation work. For example, the implementation plan for the recommended approach should include contingency evaluations for seiected extreme events or unanticipated delays. This issue will have to be addressed during implementation planning, but it should be mentioned in the Final Study Report. Transportation issues should be specifically addressed as the NWMO develops (for the Final Study Report) a recommended assessment of the qualitative risks and costs included in its analysis as discussed earlier in tl1is report. Given the potentially lengthy time frames associated with Adaptive Phased Management, the NWMO should confirm and document that the existing reactor sites have adequate storage capacity for current and future used fuel inventories. The storage capacity shouid consider both potential facility and site space limitations and constraints. This should be addressed in the Final Study Report. The NWMO should address the potential increase in security risks associated with an increase in the duration of interim storage. This shouid be mentioned in the Final Study Report and addressed in detail during implementation planning. Also, contingencies should be considered if current sites are not able to obtain the licenses required to support expansion based on changes in the duration of interim storage requirements. S L_OO8521_FinaJ.doel071505 Project 11769-011 rEii, ~f~Y Acres-S&L Issue Implementation Planning The NWMO has had extensive engagement with Canadian citizens regarding its work as discussed in Appendix 5 of the Draft Study Report. This item was discussed with the NWMO during the CANHC meeting in Sl. Johns on June 3, 2005, when a question was posed to the NWMO attendees regarding the make-up of the participants in the engagement process (that is, how many private citizens, how many peopie were representing organizations, etc.). Appendix 5 of the Draft Study Report lists the number of participants and organizations, but does not analyze these data against expectations for participation and the overall quality of the engagement process. This information could provide valuable insight into the effectiveness of the NWMO's engagement process and indicate areas for improvement and lessons leamed from their experiences. There appears to be some confusion or inconsistency regarding the role of the NWMO in working with the current host communities as it develops its recommended management approach and implementation plans. The Draft Study Report notes that "[the NWMO] will be responsible for managing and coordinating the full range of activities related to the long-term management of used nuclear fuel." The NWMO's recommendation and implementation plan will affect the current host communities, and it would seem that the NWMO would take an active role in working with the current host communities to manage and mitigate socia-economic effects before the used fuel leaves interim storage. However, the NWMO stated that it would not be involved with detailed discussions or actions taken relative to mitigating socio- economic effects until the used fuel leaves interim storage. 1-6 SL-00852I Final Recommendation' It is recommended that the NWMO develop and/or study data characterizing the make-up of engagement participants to verify the quality of the engagement process and to identify areas for improvement during implementation planning. This issue will have to be addressed during implementation pianning, but it should be mentioned in the Final Study Report. It is recommended that the NWMO clarify its role regarding current interim storage at reactor sites, so that the current host communities understand the roles and responsibilities of the different organizations involved in developing interim storage policies. This clanncation will support effective planning and implementation of current and/or new storage policies. This issue will have to be addressed during implementation planning, but it should be mentioned in the Final Study Report. Last page of Section I. SL-008S21.Fina1.doclO71 505 Project 11769-011