State of Nevada; Denial of Petition for Rulemaking
The U.S. Nuclear Regulatory Commission (NRC or Commission) is denying a petition for rulemaking submitted by the State of Nevada (Nevada or petitioner). The petition requests that NRC modify its regulation regarding issues specified for review in a notice of hearing for the Department of Energy (DOE) application for a high-level waste (HLW) repository construction authorization at Yucca Mountain, Nevada. The petitioner asserts that the proposed regulation would ``fill a gap'' in the NRC's current regulations. Further, petitioner asserts that the proposed regulation fulfills the Commission's intent when it first required a hearing for any docketed applications for construction of a HLW repository. NRC is denying the petition because it is inconsistent with current NRC rules and inconsistent with the Commission's intent when it originally established regulations requiring an opportunity for a hearing for all docketed HLW repository construction applications.