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(6) Engineered barrier system degradation, flow, and transport characteristics, which include:

(i) Colloid formation and stabilityfor example, the formation of colloidal particles and the ability of radionuclides to adhere to these particles as they may migrate through the remaining barriers; and

(ii) Engineered barrier transport-for example, the movement of radionuclides dissolved in water or adhering to colloidal particles to be transported through the remaining engineered barriers and in the underlying unsaturated zone.

(7) Unsaturated zone flow and transport characteristics, which include:

(i) Unsaturated zone transport for example, the movement of water with dissolved radionuclides colloidal particles through the unsaturated zone underlying the repository, including retardation mechanisms such as sorption on rock or mineral surfaces;

(ii) Thermal hydrology-for example, effects of heat from the waste on water flow through the site.

(8) Saturated zone flow and transport characteristics, which include:

(i) Saturated zone transport-for example, the movement of water with dissolved radionuclides colloidal particles through the saturated zone underlying and beyond the repository, including retardation mechanisms such as sorption on rock or mineral surfaces; and

(ii) Dilution-for example, diffusion of radionuclides into pore spaces, dis

persion of radionuclides along flow paths, and mixing with non-contaminated ground water.

(9) Biosphere characteristics, which include:

(i) Reference biosphere and reasonably maximally exposed individual-for example, biosphere water pathways, location and behavior of reasonably maximally exposed individual; and

(ii) Biosphere transport and uptakefor example, the consumption of ground or surface waters through direct extraction or agriculture, including mixing with non-contaminated waters and exposure to contaminated agricultural products.

(b) DOE will evaluate the postclosure suitability of the Yucca Mountain disposal system using criteria that consider disruptive processes and events important to the total system performance of the geologic repository. The applicable criteria related to disruptive processes and events include:

(1) Volcanism-for example, the probability and potential consequences of a volcanic eruption intersecting the repository;

(2) Seismic events-for example, the probability and potential consequences of an earthquake on the underground facilities or hydrologic system; and

(3) Nuclear criticality-for example, the probability and potential consequences of a self-sustaining nuclear reaction as a result of chemical or physical processes affecting the waste either in or after release from breached waste packages.

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CHAPTER X-DEPARTMENT OF ENERGY

(GENERAL PROVISIONS)

Page

Part 1000

617 620

1002 1003

622 640

1004 1005

654 657

..

1008 1009

1010 1013 1014

673 675 676

1015 1016 1017

Transfer of proceedings to the Secretary of Energy

and the Federal Energy Regulatory Commission
Official seal and distinguishing flag
Office of Hearings and Appeals procedural regula-

tions
Freedom of information
Intergovernmental review of Department of En-

ergy programs and activities
Records maintained on individuals (Privacy Act)
General policy for pricing and charging for mate-

rials and services sold by DOE
Conduct of employees .....
Program fraud civil remedies and procedures
Administrative claims under Federal Tort Claims

Act ......
Collection of claims owed the United States
Safeguarding of restricted data
Identification and protection of unclassified con-

trolled nuclear information
Referral of debts to IRS for tax refund offset
National Environmental Policy Act implementing

procedures .......
Compliance with floodplain/wetlands environ-

mental review requirements
Contract appeals ......
Procedures for financial assistance appeals
Governmentwide debarment and suspension (non-

procurement) and governmentwide requirements

for drug-free workplace (grants) .....
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

programs ....
Nondiscrimination in federally assisted programs

692 695 702

710 722

1018 1021

723

1022

1023 1024 1036

749 754 771

775

1039

797 797

1040

Part 1041

Page

828

1042

834

1044

1045 1046 1047

Enforcement of nondiscrimation on the basis of

handicap in programs or activities conducted by

the Department of Energy
Nondiscrimination on the basis of sex in education

programs or activities receiving federal financial

assistance ....
Security requirements for protected disclosures

under section 3164 of the National Defense Au

thorization Act for fiscal year 2000
Nuclear classification and declassification
Physical protection of security interests
Limited arrest authority and use of force by pro-

tective force officers
Trespassing on Strategic Petroleum Reserve facili-

ties and other property
Limited arrest authority and use of force by pro-

tective force officers of the Strategic Petroleum

Reserve
Foreign gifts and decorations
Payment of travel expenses of persons who are not

Government employees

850 853 867

879

1048

882

1049

883 886

1050 1060

895

PART 1000—TRANSFER OF PRO

CEEDINGS TO THE SECRETARY OF ENERGY AND THE FEDERAL ENERGY REGULATORY COMMISSION

$1000.1 Transfer of proceedings.

(a) Scope. This part establishes the transfer of proceedings pending with regard to those functions of various agencies which have been consolidated in the Department of Energy and identifies those proceedings which are transferred into the jurisdiction of the Secretary and those which are transferred into the jurisdiction of the Federal Energy Regulatory Commission.

(b) Proceedings transferred to the Secretary. The following proceedings are transferred to the Secretary:

(1) All Notices of Proposed Rulemaking, pending and outstanding, which have been proposed by the Department of Energy and the Department of Energy;

(2) All Notices of Inquiry which have been issued by the Department of Energy;

(3) All Requests for Interpretations which have been filed pursuant to 10 CFR part 205, subpart F, and on which no interpretation has been issued, with the Office of General Counsel of the Department of Energy;

(4) All Applications for Exception Relief which have been filed pursuant to 10 CFR part 205, subpart D, and on which no final decision and order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(5) All petitions for special redress, relief or other extraordinary assistance which have been filed pursuant to 10 CFR part 205, subpart R, and on which no order has been issued, with the Office of Private Grievances and Redress of the Department of Energy;

(6) All apr from Remedial Orders, Exception Decisions and Orders, Interpretations issued by the Office of General Counsel, and other agency orders which have been filed pursuant to 10 CFR part 205, subpart H, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Department of Energy;

(7) All applications for modification or rescission of any DOE order or interpretation which have been filed pursuant to 10 CFR part 205, subpart J, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Federal Energy Administation;

NOTE: For a document relating to procedures for natural gas import and export proceedings see 42 FR 61856, Dec. 7, 1977.

(8) All applications for temporary stays and stays which have been filed pursuant to 10 CFR part 205, subpart I, and on which no order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(9) All applications which have been filed with the Office of Regulatory Programs of the Department of Energy and on which no final order has been issued;

(10) All investigations which have been instituted and have not been resolved by the Office of Compliance of the Department of Energy;

(11) All Notices of Probable Violation which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(12) All Notices of Proposed Disallowance which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(13) All Prohibition Orders which have been issued pursuant to 10 CFR part 303 and as to which no Notice of Effectiveness has been issued;

(14) From the Department of the Interior:

(i) The tentative power rate adjustments for the Central Valley Project, California, proposed on September 12, 1977 (42 FR 46619, September 16, 1977).

(15) From the Interstate Commerce Commission:

(i) Ex Parte No. 308 (Sub-No. 1)-Investigation of Common Carrier Pipelines.

(16) From the Federal Power Commission:

(i) Cases:

(A) Northwest Pipeline Corporation, Docket No. CP75-340.

(B) Midwestern Gas Transmission Co., Docket No. CP77–458, et al.

(C) St. Lawrence Gas Company, Docket No. G-17500.

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