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, 2003 Dr. 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 LICENSE RENEWAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (NUREG-1437)
FOR EARLY SITE PERMITS
Dear Dr. Simard:
This letter confirms our understandings and expectations regarding the use of information contained 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 is identified 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 impacts associated 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 to environmental 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 NEIs 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 in that 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 However, the process suggested in Items 2, 3 and 4, and the concluding remarks of your letter 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 staffs evaluation of the environmental 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 ESP applicant 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 have any questions on this matter.
Sincerely,
/RA/
James E. Lyons, Director New Reactor Licensing Project Office Office of Nuclear Reactor Regulation Project No. 689 cc: See next page
R. Simard However, the process suggested in Items 2, 3 and 4, and the concluding remarks of your letter 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 staffs evaluation of the environmental 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 ESP applicant 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 have any questions on this matter.
Sincerely,
/RA/
James E. Lyons, Director New Reactor Licensing Project Office Office of Nuclear Reactor Regulation Project No. 689 cc: See next page Distribution:
Hard Copy NRLPO Rdg.
RJenkins MGamberoni JLyons E-mail PUBLIC ACRS/ACNW RidsNrrAdip (RBorchardt)
RidsNrrAdpt (BSheron)
NRLPO Group RidsNrrOD (SCollins)
RidsOgcRp ACCESSION NO. ML030650601
- See previous concurrence OFC PM:NRLPO*
DD:NRLPO*
RLEP:SC*
OGC/NLO D:NRLPO NAME RJenkins MGamberoni JTappert AFernandez JLyons DATE 3/7/03 3/10/03 3/11/03 3/31/03 3/31/03 OFFICIAL RECORD COPY
ESP-Generic cc:
Mr. David Lochbaum Union of Concerned Scientists 1707 H Street, NW Suite 600 Washington, DC 20006-3919 Mr. Paul Gunter Director of the Reactor Watchdog Project Nuclear Information & Resource Service 1424 16th Street, NW, Suite 404 Washington, DC 20036 Mr. Ron Simard Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Russell Bell Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Thomas P. Miller U.S. Department of Energy Headquarters - Germantown 19901 Germantown Road Germantown, MD 20874-1290 Mr. James Riccio Greenpeace 702 H Street, NW, Suite 300 Washington, DC 20001 Rod Krich Vice President, Licensing Projects Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 Patricia Campbell Winston & Strawn 1400 L Street, NW Washington, DC 20005 Mr. Eddie Grant Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348 Mr. James F. Mallay, Director Regulatory Affairs FRAMATOME, ANP 3315 Old Forest Road Lynchburg, VA 24501 Mr. Ernie H. Kennedy Vice President New Plants Nuclear Plant Projects Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500 Dr. Regis A. Matzie Senior Vice President and Chief Technology Officer Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500 Mr. Gary Wright, Manager Office of Nuclear Facility Safety Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704 Mr. Vince Langman Licensing Manager Atomic Energy of Canada Limited 2251 Speakman Drive Mississauga, Ontario Canada L5K 1B2 Mr. David Ritter Research Associate on Nuclear Energy Public Citizens Critical Mass Energy and Environmental Program 215 Pennsylvania Avenue, SE Washington, DC 20003 Mr. Tom Clements 6703 Guide Avenue Takoma Park, MD 20912
Mr. Edwin Lyman Nuclear Control Institute 1000 Connecticut Avenue, NW Suite 410 Washington, DC 20036 Mr. Jack W. Roe SCIENTECH, INC.
910 Clopper Road Gaithersburg, MD 20878 Dr. Gail H. Marcus U.S. Department of Energy Room 5A-143 1000 Independence Ave., SW Washington, DC 20585 Ms. Marilyn Kray Vice President, Special Projects Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348 Mr. Joseph D. Hegner Lead Engineer - Licensing Dominion Generation Early Site Permitting Project 5000 Dominion Boulevard Glen Allen, VA 23060 Mr. George Alan Zinke Project Manager Nuclear Business Development Entergy Nuclear M-ECH-683 1340 Echelon Parkway Jackson, MS 39213 Mr. Charles Brinkman Westinghouse Electric Co.
Washington Operations 12300 Twinbrook Pkwy., Suite 330 Rockville, MD 20852 Mr. Ralph Beedle Senior Vice President and Chief Nuclear Officer Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Dr. Glenn R. George PA Consulting Group 130 Potter Street Haddonfield, NJ 08033 Arthur R. Woods Enercon Services, Inc.
500 TownPark Lane Kennesaw, GA 30144 Mr. Thomas Mundy Director, Project Development Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348