Upon review and consideration of an application and environmental impact statement submitted under this part, the Commission may authorize construction if it determines:
(a) Safety. That there is reasonable assurance that the types and amounts of radioactive materials described in the application can be received, possessed, and disposed of in a geologic repository operations area of the design proposed without unreasonable risk to the health and safety of the public. In arriving at this determination, the Commission shall consider whether:
(1) DOE has described the proposed geologic repository including but not limited to:
(i) The geologic, geophysical, geochemical and hydrologic characteristics of the site;
(ii) the kinds and quantities of radioactive waste to be received, possessed, stored, and disposed of in the geologic repository operations area;
(iii) the principal architectural and engineering criteria for the design of the geologic repository operations area;
(iv) construction procedures which may affect the capability of the geologic repository to serve its intended function; and
(v) features or components incorporated in the design for the protection of the health and safety of the public.
(2) The site and design comply with the performance objectives and criteria contained in Subpart E of this part.
(3) The DOE's quality assurance program complies with the requirements of Subpart G of this part.
(4) The DOE's personnel training program complies with the criteria contained in Subpart H of this part.
(5) The DOE's emergency plan complies with the criteria contained in Subpart I of this part.
(6) The DOE's proposed operating procedures to protect health and to minimize danger to life or property are adequate.
(b) Common defense and security. That there is reasonable assurance that the activities proposed in the application will not be inimical to the common defense and security.
(c) Environmental. That, after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, the action called for is issuance of the construction authorization, with any appropriate conditions to protect environmental values.
[46 FR 13980, Feb. 25, 1981, as amended at 48 FR 28220, June 21, 1983; 54 FR 27872, July 3, 1989; 63 FR 26961, May 15, 1998]