Limited work authorization for a monitored retrievable storage facility

The issuance of an limited work authorization (LWA) by the Nuclear Regulatory Commission (NRC/Commission) allows a potential licensee permission to undertake preliminary site construction, at the applicants' risk, pending completion of later adjudicatory hearings covering radiological health and safety issues. There are no NRC licensing requirements for the Monitored Retrievable Storage (MRS) facility in 10 CFR part 72 that authorize the issuance of an LWA. This paper examines, from the NRC licensing perspective only, the potential course of action that Department of Energy (DOE) may undertake in order to obtain an LWA and commence non-safety related site preparation activities at an MRS site before the issuance of a materials license by the NRC. This paper does not address compliance by DOE with its own Guidelines for Implementing the Procedural Provisions on the National Environmental Policy Act of 1969 (NEPA), as amended, in 10 CFR part 1021