Potential Licensees Research Articles

Licensing a geologic repository: Types of uncertainties

This paper provides a summary of the regulatory background for the U.S. geologic repository program, describing the history of the congressional actions that established the program and the allocation of responsibilities within the program. The current status of actions by the U.S. Department of Energy (DOE) to investigate a potential repository site, located at Yucca Mountain in Nye County, Nevada, is then reviewed. The U.S. Nuclear Regulatory Commission has provided guidance to the DOE for characterizing potential repository sites, and the DOE's approach to implementing that guidance is described. One of the purposes of intensive characterization of a potential repository site is to reduce uncertainties about key aspects of the site that are relevant to protection of public health and safety. However, the link between measurable site characteristics and demonstrations of compliance with regulatory criteria promulgated by the responsible federal agencies are often complex. A discussion of types of uncertainties points out that the potential licensee (DOE) and the regulator (NRC) may have differing views of the nature and importance of uncertainties.

Congress and the Control of Radio-Broadcasting, II

Congress established a policy for wartime radio under Section 606 of the Communications Act of 1934 when it gave the President power to take over the entire radio industry in time of war or national emergency. He took advantage of this in September, 1940, when by an executive order he created the Board of War Communications (previously the Defense Communications Board). In the 1934 act, too, he was given wide authority to suspend the FCC rules and to close stations or to use them as he saw fit. In September, 1939, when a state of “limited national emergency” was declared, there was speculation as to the effect that this section would have on the broadcasting industry. Certain Congressmen showed an inclination to back down from the principle of broad Presidential powers over radio. Representative Ditter's bill of 1940, enthusiastically supported by the broadcasting industry, was intended to curb the wide powers the Communications Act had conferred upon the President. This bill, never acted upon, would have added a provision that no transmitter might be confiscated or silenced because of the “character or contents of any program” or in order to permit the government to engage in or control broadcasting, except upon proclamation by the President that the United States was actually at war.Previously, Congress had enacted some legislation which is pertinent to the war. In 1932, for example, a law was passed that licenses should be issued to qualified United States citizens only, and in 1941, by a new act, the Commission was enabled to consider the character and capacity of potential licensees in order to guard against “subversive” individuals.