ML030650601
| ML030650601 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 04/01/2003 |
| From: | Lyons J NRC/NRR/NRLPO |
| To: | Simard R Nuclear Energy Institute |
| Jenkins R, NRR/NRLPO 415-2985 | |
| References | |
| NUREG-1437 | |
| Download: ML030650601 (5) | |
Text
April 1, 2003Dr. Ronald L. Simard Nuclear Energy Institute (NEI) 1776 I Street, NW, Suite 400 Washington, DC 20006-3708
SUBJECT:
RESOLUTION OF EARLY SITE PERMIT TOPIC 10 (ESP-10), USE OF LICENSERENEWAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (NUREG-1437)
FOR EARLY SITE PERMITS
Dear Dr. Simard:
This letter confirms our understandings and expectations regarding the use of informationcontained in NUREG-1437, "Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants," for the purpose of preparing early site permits (ESP) issued under Title 10 of the Code of Federal Regulations (10 CFR) Part 52, Subpart A. This topic, which isidentified as ESP-10 on the list of Nuclear Energy Institute (NEI) generic ESP issues, was discussed during public meetings on January 10, July 16 and September 25, 2002 (Meeting Summary - ADAMS Accession Nos. ML020390320, ML021830280, and ML022900341 respectively). Subsequently, NEI documented its position on this topic in a letter dated February 6, 2003. The Nuclear Regulatory Commission (NRC) has assessed the environmental impactsassociated with granting a renewed operating license for a nuclear power plant to a licensee that holds either an operating license or construction permit as of June 1995. The GEIS is not directly applicable to any licensing action other than license renewal, but may be used just as any other technical resource, such as those that may be considered under ESP-20, "Practical use of existing site/facility information".The GEIS identified 92 environmental issues and reached generic conclusions related toenvironmental impacts during the renewal term for 69 of these issues (known as Category 1 issues) that apply to all light-water-reactor (LWR) plants or to LWR plants with specific design or site characteristics. As discussed during the public meetings on this issue, the staff emphasized that there is a different technical basis and regulatory structure necessary for the evaluation of environmental impacts for ESP purposes. Therefore, all of the relevant environmental issues addressed in the GEIS will require detailed review as described in the Draft ESP Review Standard, which references NUREG-1555, "Environmental Standard Review Plan." The NRC staff offers the following observations and clarifications to NEI's February 6, 2003,letter. 1.The NRC staff agrees with Item 1 of the subject NEI letter.
2.The NRC staff agrees with the text of the first sentence of Item 2 of the subject NEI letter inthat "NRC regulations and the National Environmental Policy Act (NEPA) focus on significant issues and direct the NRC to determine the significance of impacts to public health and safety and the environment..."
R. Simard-2-However, the process suggested in Items 2, 3 and 4, and the concluding remarks of yourletter implies that the ESP applicant can adopt the conclusions of the GEIS in its application without detailed knowledge of the design and operational characteristics of a facility that may be built on the proposed site. The GEIS documents the staff
's evaluation of theenvironmental impacts of LWR reactors of known design, locations, and operating experiences. The analysis results documented in the GEIS may not be representative of the environmental impacts of a facility that could be built on the site proposed in an ESP application. Therefore, although the environmental impacts of the construction and operation of a nuclear facility located on the proposed site may be similar to those identified in the GEIS, it is incumbent on the ESP applicant to justify its conclusions regarding these impacts.The NRC staff does believe that there may be useful insights in the GEIS that an ESPapplicant can consider for its purposes in developing its environmental report, but, as stated above, the burden for justifying relevance and demonstrating completeness rests entirely with the applicant. In addition, the NRC retains the prerogative to utilize well-established NEPA techniques, such as tiering, cooperation and adoption, where the NRC believes that it is appropriate.Please contact Ronaldo Jenkins, the ESP Senior Project Manager, at 301-415-2985 if you haveany questions on this matter.Sincerely, /RA/James E. Lyons, DirectorNew Reactor Licensing Project Office Office of Nuclear Reactor RegulationProject No. 689 cc: See next page R. Simard-2-However, the process suggested in Items 2, 3 and 4, and the concluding remarks of yourletter implies that the ESP applicant can adopt the conclusions of the GEIS in its application without detailed knowledge of the design and operational characteristics of a facility that may be built on the proposed site. The GEIS documents the staff
's evaluation of theenvironmental impacts of LWR reactors of known design, locations, and operating experiences. The analysis results documented in the GEIS may not be representative of the environmental impacts of a facility that could be built on the site proposed in an ESP application. Therefore, although the environmental impacts of the construction and operation of a nuclear facility located on the proposed site may be similar to those identified in the GEIS, it is incumbent on the ESP applicant to justify its conclusions regarding these impacts.The NRC staff does believe that there may be useful insights in the GEIS that an ESPapplicant can consider for its purposes in developing its environmental report, but, as stated above, the burden for justifying relevance and demonstrating completeness rests entirely with the applicant. In addition, the NRC retains the prerogative to utilize well-established NEPA techniques, such as tiering, cooperation and adoption, where the NRC believes that it is appropriate.Please contact Ronaldo Jenkins, the ESP Senior Project Manager, at 301-415-2985 if you haveany questions on this matter.Sincerely, /RA/James E. Lyons, DirectorNew Reactor Licensing Project Office Office of Nuclear Reactor RegulationProject No. 689 cc: See next page Distribution
- Hard CopyNRLPO Rdg.RJenkinsMGamberoni JLyonsE-mailPUBLICACRS/ACNWRidsNrrAdip (RBorchardt)RidsNrrAdpt (BSheron)NRLPO GroupRidsNrrOD (SCollins)
RidsOgcRpACCESSION NO. ML030650601*See previous concurrenceOFCPM:NRLPO
- DD:NRLPO*RLEP:SC* OGC/NLOD:NRLPONAMERJenkinsMGamberoniJTappert AFernandezJLyons DATE3/7/033/10/033/11/033/31/033/31/03OFFICIAL RECORD COPY ESP-Generic cc:Mr. David LochbaumUnion of Concerned Scientists 1707 H Street, NW Suite 600 Washington, DC 20006-3919Mr. Paul GunterDirector of the Reactor Watchdog Project Nuclear Information & Resource Service
1424 16 th Street, NW, Suite 404Washington, DC 20036Mr. Ron SimardNuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708Mr. Russell BellNuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708Mr. Thomas P. MillerU.S. Department of Energy Headquarters - Germantown 19901 Germantown Road Germantown, MD 20874-1290Mr. James RiccioGreenpeace 702 H Street, NW, Suite 300 Washington, DC 20001Rod KrichVice President, Licensing Projects Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555Patricia CampbellWinston & Strawn 1400 L Street, NW Washington, DC 20005Mr. Eddie GrantExelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348Mr. James F. Mallay, DirectorRegulatory Affairs FRAMATOME, ANP 3315 Old Forest Road Lynchburg, VA 24501Mr. Ernie H. KennedyVice President New Plants Nuclear Plant Projects Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500Dr. Regis A. MatzieSenior Vice President and Chief Technology Officer Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500Mr. Gary Wright, ManagerOffice of Nuclear Facility Safety Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704Mr. Vince LangmanLicensing Manager Atomic Energy of Canada Limited 2251 Speakman Drive Mississauga, Ontario Canada L5K 1B2Mr. David RitterResearch Associate on Nuclear Energy Public Citizens Critical Mass Energy and Environmental Program 215 Pennsylvania Avenue, SE Washington, DC 20003Mr. Tom Clements6703 Guide Avenue Takoma Park, MD 20912 Mr. Edwin LymanNuclear Control Institute 1000 Connecticut Avenue, NW Suite 410 Washington, DC 20036Mr. Jack W. RoeSCIENTECH, INC.
910 Clopper Road Gaithersburg, MD 20878Dr. Gail H. MarcusU.S. Department of Energy Room 5A-143 1000 Independence Ave., SW Washington, DC 20585Ms. Marilyn KrayVice President, Special Projects Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348Mr. Joseph D. HegnerLead Engineer - Licensing Dominion Generation Early Site Permitting Project 5000 Dominion Boulevard Glen Allen, VA 23060Mr. George Alan ZinkeProject Manager Nuclear Business Development Entergy Nuclear M-ECH-683 1340 Echelon Parkway Jackson, MS 39213Mr. Charles BrinkmanWestinghouse Electric Co.
Washington Operations 12300 Twinbrook Pkwy., Suite 330 Rockville, MD 20852Mr. Ralph BeedleSenior Vice President and Chief Nuclear Officer Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708Dr. Glenn R. GeorgePA Consulting Group 130 Potter Street Haddonfield, NJ 08033Arthur R. WoodsEnercon Services, Inc.
500 TownPark Lane Kennesaw, GA 30144Mr. Thomas MundyDirector, Project Development Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348