Code of Federal Regulations Title 10. Energy 10 CFR Pt. 960, App. III—Application of the System and Technical Guidelines During the Siting Process

Current as of October 02, 2022 | Updated by FindLaw Staff

1. This appendix presents a table that specifies how the guidelines of subparts C and D are to be applied at certain decision points of the siting process. The decision points, as referenced in the table, are defined as follows:

“Potentially acceptable” means the decision point at which a site is identified as potentially acceptable.

“Nomination and recommendation” means the decision point at which a site is nominated as suitable for characterization or recommended as a candidate site for characterization.

2. The findings resulting from the application of a disqualifying condition for any particular guideline at a given decision point are denoted in the table by the numeral 1 or 2. The numerals 1 and 2 signify the types of findings that are required and are defined as follows:

“1” means either of the following:

(a) The evidence does not support a finding that the site is disqualified.

(b) The evidence supports a finding that the site is disqualified.

“2” means either of the following:

(a) The evidence supports a finding that the site is not disqualified on the basis of that evidence and is not likely to be disqualified.

(b) The evidence supports a finding that the site is disqualified or is likely to be disqualified.

3. The findings resulting from the application of a qualifying condition for any particular guideline at a given decision point are denoted in the table by the numeral 3 or 4. The numerals 3 and 4 signify the types of findings that are required and are defined as follows:

“3” means either of the following:

(a) The evidence does not support a finding that the site is not likely to meet the qualifying condition.

(b) The evidence supports a finding that the site is not likely to meet the qualifying condition, and therefore the site is disqualified.

4. If performance assessments are used to substantiate any of the above findings, those assessments shall include estimates of the effects of uncertainties in data and modeling.

5. For both the disqualifying and qualifying conditions of any guideline, a higher finding (e.g., a “2” finding rather than “1”) shall be made if there is sufficient evidence to support such a finding.

Findings Resulting From the Application of the Qualifying and Disqualifying Conditions of the Technical Guidelines at Major Siting Decisions
			Siting decision
Section 960	Guideline	Condition	Potentially acceptable	Nomination and recommendation
4-1(a)․․․․․․․․․․․․․․․․․․	System․․․․․․․․․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-1(a)․․․․․․․․․․․․․․․․	Geohydrology․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-1(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	․․․․․․․․․․․․	1
4-2-2(a)․․․․․․․․․․․․․․․․	Geochemistry․․․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-3(a)․․․․․․․․․․․․․․․․	Rock Characteristics․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-4(a)․․․․․․․․․․․․․․․․	Climatic Changes․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-5(a)․․․․․․․․․․․․․․․․	Erosion․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-5(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1
4-2-6(a)․․․․․․․․․․․․․․․․	Dissolution․․․․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-6(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1
4-2-7(a)․․․․․․․․․․․․․․․․	Tectonics․․․․․․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-7(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1
4-2-8-1(a)․․․․․․․․․․․․․․	Natural Resources․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
4-2-8-1(d)(1)․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1
4-2-8-1(d)(2)․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	1
4-2-8-2(a)․․․․․․․․․․․․․․	Site Ownership and Control	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-1(a)(1)․․․․․․․․․․․․․․․	System․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-1(a)(2)․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-1(a)(3)․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-1(a)․․․․․․․․․․․․․․․․	Population Density and Distribution	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-1(d)(1)․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1
5-2-1(d)(2)․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	1	1
5-2-1(d)(3)․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	1
5-2-2(a)․․․․․․․․․․․․․․․․	Site Ownership and Control	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-3(a)․․․․․․․․․․․․․․․․	Meteorology․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-4(a)․․․․․․․․․․․․․․․․	Offsite Installations and Operations	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-4(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1
5-2-5(a)․․․․․․․․․․․․․․․․	Environmental Quality․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-5(d)(1)․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	․․․․․․․․․․․․	1
5-2-5(d)(2)․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	1	1
5-2-5(d)(3)․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	1	1
5-2-6(a)․․․․․․․․․․․․․․․․	Socioeconomic Impacts․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-6(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	․․․․․․․․․․․․	1
5-2-7(a)․․․․․․․․․․․․․․․․	Transportation․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-8(a)․․․․․․․․․․․․․․․․	Surface Characteristics․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-9(a)․․․․․․․․․․․․․․․․	Rock Characteristics․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-9(d)․․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	․․․․․․․․․․․․	1
5-2-10(a)․․․․․․․․․․․․․․․	Hydrology․․․․․․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-10(d)․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	․․․․․․․․․․․․	1
5-2-11(a)․․․․․․․․․․․․․․․	Tectonics․․․․․․․․․․․․․․․	Qualifying․․․․․․․․․․․․․․	․․․․․․․․․․․․	3
5-2-11(d)․․․․․․․․․․․․․․․	․․․․․․do․․․․․․․․․․․․․․․․․․․․․	Disqualifying․․․․․․․․․․․	1	1

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Cite this article: FindLaw.com - Code of Federal Regulations Title 10. Energy 10 CFR Pt. 960, App. III—Application of the System and Technical Guidelines During the Siting Process - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-10-energy/cfr-pt-10-960-app-iii/

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