ML101800301
| ML101800301 | |
| Person / Time | |
|---|---|
| Issue date: | 06/02/2010 |
| From: | Division of Operating Reactor Licensing |
| To: | Division of Operating Reactor Licensing, Nuclear Energy Institute |
| Mieghan, Sean C, NRR/DORL, 415-1020 | |
| References | |
| Download: ML101800301 (5) | |
Text
License Amendment Process 1
Overview
License Amendment Process Overview
- Describe the general process for NRC review and processing of license amendments
- Background material for those who may not be familiar 2
with the license amendment process
- Provide detail on No Significant Hazards Consideration (NSHC) process steps
License Amendment Basic Steps
- Public Notification
- Detailed Technical Review Detailed Technical Review
- Issuance/Denial 3
- Done to facilitate submittal of acceptable licensing actions - review for completeness and acceptability
- Normally performed within 25 working days of application being placed in the NRC document processing system (ADAMS) processing system (ADAMS)
- Includes Project Manager Review & Technical Review
- Possible Outcomes
- Accept
- Unacceptable, with opportunity to supplement (licensee has up to 13 working days from conference call that discusses the information insufficiencies, to respond)
- Unacceptable, with no opportunity to supplement
- Withdrawal (licensees option) 4
Public Notification
- Public process - part of NRC openness goal
- Applicable regulations: 10 CFR 50.58, 50.91, 50.92
ti i
d l
d t i
- NSHC determination is procedural - determines whether to hold a hearing, if granted, before issuance
- NSHC standards do not pre-judge NRCs public health and safety decision to approve or deny the amendment 5
Public Notification
- Normal Process - publish notice in Federal Register (FR)
- 30 comment period on NSHC determination
- 60 day hearing request period
- Proposed NSHC determination p
- NRC should publish notice in FR soon after amendment is accepted, so as not to delay issuance.
- There are emergency and exigent provisions for more rapid processing of amendments
- If emergency standards are met, and if NSHC criteria are satisfied, NRC may issue amendment without prior notice and opportunity for hearing or comment (Final NSHC determination will then be in the staffs safety evaluation) 6
Technical Review
- NRC staff reviews submittal in detail
- Review may result in a request(s) for additional information (RAI)
- Normally sent to licensee in draft form with a follow-up telecon telecon
- Formal RAI letter then normally issued to licensee
- Licensee responds, usually within 30 days
- Process may iterate until staff is prepared to make its decision (issuance or denial) 7
Technical Review - Environmental Assessment
- If EA is required, it must be published before issuance
- Environmental Assessment (EA) may or may not be required based on a categorical exclusion pursuant to required based on a categorical exclusion pursuant to 10 CFR 51.22. For certain amendments (i.e., (c)(9)),
this is another area where the NSHC determination comes into play.
- EP changes submitted as a license amendment may not have an applicable categorical exclusion and hence may require an EA.
8
Issuance/Denial
- NRC staff prepares a safety evaluation to document its basis for approval or denial
- Denial requires a finding that the submittal does not conform to the Atomic Energy Act of 1954, as amended (i e adequate protection of public health and safety (i.e., adequate protection of public health and safety, common defense and security), or the NRCs rules and regulations.
- State is consulted
- If amendment is issued, it will specify implementation time
- If denied, licensee may demand a hearing (appeal)
- Upon issuance/denial a FR notice is posted 9
Summary - Some Key Points
- Processing of a license amendment is a public process
- NSHC determination determines order of hearing versus issuance of amendment, if a hearing is requested
- Guidance for preparing the required licensees analysis
- Guidance for preparing the required licensee s analysis of NSHC determination is contained in RIS 2001-22 10