Unlike at WIPP, Ontario Power Generation would be the owner and operator of the proposed repository while it would be regulated independently by CNSC, Klassen said. Regulation of WIPP, which is overseen by DOE and a host of federal and state regulators, can be a concern because of the “multijurisdictional authorities and difficulties within DOE’s organization in understanding which role they are engaged in, i.e. being regulated or the regulator cooperating with another regulator,” according to Klassen. “This framework can also make the effective oversight and control of contractors more difficult as there may be differences in the expectation of the contractor between DOE the regulator, and DOE the operator managing the contractor. When problems occur with this type of framework it can lead to ineffective regulation and ineffective operation and a failure of the overall institution to ensure safety.”
As Canada examines the implications of recent incidents at the Department of Energy’s Waste Isolation Pilot Plant on its own repository planning efforts, DOE’s multiple roles at WIPP can be “potentially problematic,” Canadian regulators said at a meeting yesterday of the panel reviewing plans for a repository in Ontario. The Joint Review Panel is holding a string of public meetings this month on Ontario Power Generation’s effort to license a low and intermediate level radioactive waste repository in Kincardine, Ont., and Canadian officials yesterday focused on implications of the recent incidents at WIPP. While DOE is the owner and designer of WIPP, it is also the operator through its contractor and has established many of the regulations the facility must comply with, according to Kathleen Klassen of the Canadian Nuclear Safety Commission. “So the DOE implements the regulations that they have established and must demonstrate the adequacy of this implementation to themselves,” Klassen said. “This is potentially problematic because there may be a lack of impartiality and an inability to separate roles. DOE is the operator, and as a regulator must also coordinate and comply with other regulatory bodies.”
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