ML20055C712
| ML20055C712 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-RINC, TASK-SE SECY-90-208, NUDOCS 9006140203 | |
| Download: ML20055C712 (23) | |
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RULEMAKING ISSUE June 8, 1990
'(NEGATIVE CONSENT)
SECY-90-208 Egg:
The Commissioners-Eggg:
James M.. Taylor Executive Director for Operations Subiect:
ENVIRONMENTAL PROTECTION RULEMAKING FOR LICENSE RENEMhL
Purpose:
To advise the Coenaission on the staff's proposed _ action.to publish an.= advance-notice of proposed rulemaking (ANPR) and notice of intent to prepare an accompanying generic environmental = impact statement (GEIS).
Background:
In SECY-90-021, dated January 17, 1990, the staff submitted a program plan and schedule for completion of-license _ renewal rulemaking.
This' schedule called for development of a rule on the license renewal technical and procedural requirements (10_ CFR 54) : and: a supporting _ change to 10 CFR151 to treat environmental issues associated with license renewal generically, to the extent possible, (thus limiting the-extent of the-environmental issues which need to be considered'in individual license-renewal-applications). :In SECY-90-16C
'+.e proposed 10 CFR"54 was provided for a,, oval _and it was also noted that the staff intended to submit the ANPR for 10 CFR'51 in the-near,-
future and to-publish both the proposed 10 --
'CFR 54 and the'ANPR for 10 CFR 51 as a g g 7 together for. comment"as is practicable.
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Contact:
Donald P. Cleary.
NO'IE :
TO BE.MADE PUBLICLY AVAILABLE X23936 WHEN THE FINAL SRM IS MADE
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.s The Commissioners-2 Discussion:.
Publication'of the enclosed AMPR and noticei 1
of intent-to prepare a-generic environmental
,i impact statement will provida-official-notice of the Commission'e' intent to= proceed with a rulemaking on Part.51 and~will invite advice
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and' recommendations on'all aspects of the rulemaking, including tho' preparation:of a' genericienvironmental impact statement to support-development of a rule.
The staff discussed its plans and approach for this rulemaking-in an informal consultation-with I
the Deputy. General' Counsel cf the~ Council on l
Environmental Quality.on May.14,-1990.
The
)
response; to. the staff's plans was favorable. =
q The advance notice _of proposed rulemaking, l
Enclosure,l',.provides information on the purpose-of the rulemaking, the role of the
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generic' environmental' impact statement, and=
-information on the; scope of and approach"to a
developing theLstatement., A number.of.
specific questions concerning procedural and substantive, matters are included to solicit advice and:reccamendations.
The' notice of I
intent, Enclosure 2, is brief and' directs the.
i reader to the. advance-notice for further information'. eThe staff has made several-modifications to the plans-and to terminology reported in SECY-90-021.. Specifically, the
'l workshop to be held in July.1990, prior't5.._
publishing;the draft.GEIS.for comment,-is to be held ~after the draft GEIS'is issued for-comment.
After.further consideration the
-l staff concluded'that a workshop would not likely produce additional significant information at this time, but would be more useful once a draft GEIS'was available for a
review.
The ANPR plus the' aggressive-approach taken to solicit:information-from federalr' state, and local officials, in scoying andipreparing the GEIS,.is expected.
to provide forta comprehensive scoping of the impact statement and resulting' rule' change prior to drafting the-GEIS.
The: term
generic' environmental impact statement" replaces "generLc environmental document."-
After further consideration and consultation l
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with the-Council on' Environmental' Quality, 3
the staff now believes that treating the document as'an environmental ~ impact statement.-
1 is' procedurally sound-and will reduce tho'
'l chance of confusion in-the rulemaking process'-
and in any. future litigation.
This matter, however, isiraised as a question for further..
consideration in the advance notice of proposed'.rulemaking.
Coordination:
LThese. notices have'been prepared,by:the-
_ Office of; Nuclear Regulatory Research-in.
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- close1 cooperation with the Office ofiNucleart j
Reactor. Regulation..
i The.0ffice of the General. Counsel'has j.
substantially contributed to.and has reviewed'
- j this paper,c and: bas notlegaltobjection to it..
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Conclusion:==
J The Commission is advised chat, absent Commission comment.to'the contrary following-l ten.(10) days after the date of this-paper, s
the staff plans to publish the 10 CFR 51-j advance' notice of; proposed rulemaking, i,.and the notice of intent','
.', for a 90 day commentEperiod.
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Enclosures:
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Federal. Register Notice- (advance c
notice of proposed rulemaking)-
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Federal. Register Notices (noticolof-intent)~
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2 In the absence of instructions to,the contrary,1SECY-h SECY NOTE: :
will notify the staffEon Monday, June 25, 1990', that the Commission,-by negative consent, assents to the action proposed in.this paper.
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DISTRIBUTION:
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. Enclosure 1 WDCLEAR REGUIATOR1f CCBGEISSION 7
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10'CFR PART 51 RIN' AGENC1f:
'Muclear Regulatory Ceaunission' i
' ACTION:
Advance notice of proposed-rulemaking
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SUBSGULY:. The U.S. Nuclear-Regulatory Cosuaission (NRC)' is -
I-considering-developing regulations under'10 CFR Part 51-which will address the scope of environmental' effects which need'to be addressed by the Commaission in: conjunction' with applications -for license renewal for nuclear, power. plants : underi the. proposed Part 4
'54:to Title 10 of the Code of Federal Regulations.-
Changes to 10 l
CFR Part:51 will be based on'the findings of'a generic-environmental' impact statement --(GEIS).
The NRC is publishing
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g this notice in order to inform the publici industry and other:
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government' agencies.of-the'NRC's: intent to a'ddress environmental
- issuesiassociated with license renewals of-individual nuclear
.i power plants and to. prepare a GEIS to support-such a rulemaking;.
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to solicit timely comments on the scope of environmental issues-L l
to be covered in the rulemaking and GEIS; and to address the ways L
of incorporating results of the GEIS into the rulemaking on Part 51.
A notice of intent (NOI) to develop a generic environmental impact statement supporting this rulemaking is-being published simultaneously in the notice section of this-Fede al Register issue.
This advance notice of proposed rulemaking and the notice of intent begin the formal scoping process required for environmental impact statements under 10 CFR Sections 51.28 and 51.29.
As noted above, proposed rule (10 CFR i
Part 54) on the health and safety requirements for renewal of operating licenses for nuclear power plants will shortly be h
published for public comment in the Federal Register.'
DATES:
Written comments on matters covered by this notice received by [ add date 90 days from date of publication) will be considered in developing the generic environmental impact statement, a proposed rule change, and a draft regulatory guide
'The proposed Part 54 rule.is being supported by a separate environmental analysis (EA) (NUREG-1398), which is available by_
writing to the U.S. Nuclear Regulatory Commission, ATTN:
Distribution Section, Room P-130A, Washington, D.C. 20555.
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4 on the preparation of environmental reports _for nuclear power-
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Comments received after this date will be considered if it is practical to do so, but the WRC is able to assure consideration only for.comunents received on or before this date.
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ADDRESSES:
Send written comments on this notice to: The Secretary of the Coomaission, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, MD, between 7:45 and 4:15 P.M. on federal workdays.
Copies of comments received by~the Commission may be examined at the NRC Public Document Roont, 2120 L Street, a
N.W.,- (Lower Level)
Washington, D.C.
FOR PURTERR INFORMhTION CONTACT: Donald P. Cleary, Office of
. Nuclear Regulatory Research, U.S.-Nuclear Regulatory Commission, Washington, D.C. 20555, telephone (301) 492-3936 SUPPLEMENTARY INFORMATION:
l Introduction 4
A significant number of the licenses for the existing operating nuclear power plants are due to expire in the early part of the twe'nty-first century.
The NRC understands that the first two W'
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4
- epplications for license renewal will be submitted in'1991 and
-anticipates that a significant percentage of existing plants will' submit applications for renewal of their operating license 10 to 20 years prior'to their expiration.
The NRC will shortly issue a proposed rule, 10 CFR Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants, that establishes the I
requirements that an applicant for renewal of a nuclear power I
plant operating license must meet, the information that he must submit to the NRC for review so that the agency can detersdne whether these requirements have in fact been met, and the application procedures.
Apart from this Part 54 procedural and technical rulemaking, the j
NRC believes as a matter of sound policy that a rulemaking on 10 CFR Part 51 might'be pursued to generically address potential environmental impacts from relicensing and extended operation and, thereby, define the potential environmental impacts which-need-to be reviewed as part of the relicensing of individual-l nuclear power plants.
The-NRC is, therefore, undertaking a study
'i to assess which environmental impacts may occur, under what circumstances, and their possible level of significance.
The study and resulting changes to Part 51 will also provide the basis for developing a license renewal supplement to Regulatory 1
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Guide 4.2,'" Preparation of Environmental Reports for Nuclear Power-Stations."
The NRC believes that there has been sufficient
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experience with nuclear power plant operation, maintenance, refurbishment and associated environmental impacts to predict with some confidence the types and magnitude of environmental effects which may arise from renewal of operating licenses and q
resulting extended plant operation.
Form of Chances tc 10 CFR Part 51 Changes to Part 51 which will. generically address various potential environmental-impacts may take a variety of forms.
For some set of potential' environmental impacts it may be_possible to demonstrate.that the impacts will be nonexistent or insignificant.
Other types of impacts may be nonexistent or insignificant where certain conditions are met.
Some types of impacts may be described and enveloped generically.
The NRC is seeking the views of the public on the alternative approaches available for codifying these generic findings.
Part 51 already has several alternative methods for. consideration of specific types of environmental impacts.
Under one alternative, the Commission can make a finding in the-rule itself that an environmental subject need not be addressed by the applicant in a ER or by the NRC in an EA or EIS.
An example of L
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6 this alternative is Paragraph 51.23, Temporary' storage of spent fuel after cessation of reactor operation-generic determination of no significant environmental impact.
Alternatively, the Commission could require that certain information,-set fourth in l
the rule itself, be incorporated into an applicants' ER.
The i
i drawback here is that this does not explicitly address the NRC's responsibilities in the individual license proceeding, and does I
not explicitly remove the subject fram-potential for litigation.
Another alternative is to set forth information which must be included in an ER (or EA or.EIS), together with the criteria under which an individual, plant-specific analysis must be done in lieu of incorporation of the information contained in the rule.
Paragraph 51.52, Environmental effects of-transportation of fuel and waste-Table S-4, is an example of-a generic determination of the environmental impacts of certain activities, which can'be adopted if specific conditions set out in the paragraph are met.
A final approach is to categorically eliminate the need for both the applicant and the NRC to address an issue.
Under this approach, the subject being categorically excluded would not be subject to litigation in individual license proceedings.
The basis for the conclusion is actually set out in the statement of considerations accompanying the rule change (as opposed to the first option discussed above, in which the
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" finding" is actually part of the rule itself).
Paragraphs =
51.53, supplement to environmental report, and 51.95, Oupplement:
i to final environmental impact statement, which eliminate the need to consider need for power,' alternative energy sources, and' negate, the need to consider, at the operating licensing attge,-
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any aspect of the storage of spent fuel after cessation of j
reactor operation, are' examples of this approach.
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Generic Environmental Impact Statgment By means of the generic environmental impact statement, the NRC intends to identify the types-of environmental-impacts which may occur due to renewal of an individual nuclear power plant.
operating license, to assess if and under what conditions each type of impact would.be significant, and to summarise these-findings in a manner which can be codified in the agency's i
environmental protection regulations.
Thus, the " major federal action" is the decision whether to renew the license of an individual nuclear power plant.
However, since the NRC intends to-accomplish this task generically, the " major federal action" will be addressed in a generic fashion.
The analysis will encompass all operating light water power. reactors, and for each L
type of environmental impact, it will attempt to establish
8
. generic findings covering as many-plants as possible.
While plant and site specific information will be used in developing the generic findings, the NRC does not intend for the GEIS to be a compilation of individual plant environmental impact statements. -Generic findings for each type of impact are
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L expected to provide the basis for how that impact will be handled in the rule.
When postulated, impacts are determined to have no
_ possibility of occurring or of being significant, they may be categorically excluded from consideration in the renewal of any operating. license.. Some impacts may be-found to be insignificant whenever a specified set of plant and site parameters fall within-certain values, other impacts may be generically determined to be significant but, because they are anticipated and well understood, it is reasonable to adopt tho' generic findings in individual environmental impact statements-without further analysis.
Other approaches to codification will be explored as the generic environmental impact statement develops.
The NRC believes that all reasonable alternatives to the proposed action would be bounded by the action of denying the renewal application.
Denial would lead to decommissioning of the nuclear i
systems of a plant and replacement of the generating capacity with either alternative generating c'apacity, alternative forms of L
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energy or conservstion.
Decisions on-these matters will be made by utilities on the basis of their understanding.of future requirements for generating capacity and the economics of-i t
technically viable alternatives.
Alternative generating capacity, which will be considered in the generic environmental impact = statement, includes conversion of a plant,to an alt enative' fuel; replacement with nuclear plants of standardised or advanced design; replacement with coal, oil or gas fired-4 capacity; and replacement with capacity using other forms of energy.
Alternatives to replacing generating capacity, such as energy conservation, and load management, will be considered in assessing the need for generating capacity.
s As environmental consequences are assessed, consideration will be given to the extent to which mitigating actions have been taken in the past and the extent to which there may be additional mitigating actions which might be taken in conjunction with license renewal.
The following proposed outline for the generic environmental impact statement reflects the current NRC staff view on the scope and' major topics to be dealt with in this>rulemaking.
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't PROPOSED OUTLINE Abstract I
Executive Summary..
Table;of Content' l
List of' Figures
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- 1. -
Introduction
1.1 Background
1.2 Purpose and Need for.' Relicensing f
1.3 Applicable Regulation 1.4~' Purpose and Scope of Study 1.5 Approach and Methodology
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Power Plant Descriptions,-' Activities:Due-to License' Renewal)-
'and Impact Sources 2.1 Description of Existing Nuclear Power ~ Plants l
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2.2 The Affected Environment ~
2.3 Plant Refurbishment and Other Activities Directly.
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Associated ~with License Renewal and Operating Changes-t
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2 '. 4 Impact Sources
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Methodology and Approach-l
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Air-Quality!
-3.6 Busan Realth 3.7 Socioeconcaics 3.8 -Severe Accidents 4.
Environmental Impacts offRefurbishment and Other' Activities:-
Directly Associated with License' Renewal 4.1 Introduction" 1
4.2 Air Quality 4.3 Land Use l
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4.5. Aquatic Ecology 4.6 -Terrestrial Ecology L
1 4.7 Waste Management Impacts 4.8 Socioeconomics l
4.9' Population'and Occupational Dose i
4.10 Summary i-5.
Environmental Impacts of' Operation 5.1 ~ Introduction.
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Closed Cycle - Cooling Towers
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- 5.5 -Transmission. Corridors 5.6.StorageLof Soent Fuel, waste Management, and Fuel. Cycle Impacts 5.7:' Radiological' Impacts of Normal Operation 5 '. 8 Socioeconomic and-Community Impacts of Wormal' j
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-Environmental Impacts of._ Severe: Accidents-6.1-Introduction-6.2 Review'of Consequence Analyses 6.3 Review of Program to Reduce Severe Accident Risk-l 6.4 Projected Environmental. Impacts
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Environmental Impacts' of Decommissioning -
7.1 Introduction 7.2 Population.and Occupational Dose 7.3 Air _ Quality 7.4' Land Use 7.5 Surface Water and Groundwater' Quality 7.6< Aquatic Ecology 7.7 Terrestrial Ecology 4
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6 13-7.S Storage.of Spent Fuel _and Waste Management Impacts 7.9, Sociosconomics and Community
'7.10 Summary i-
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Weed For Generating' Capacity
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8.3 conservation 8.4=
Load Management 9.
Alternative Generating capacity 9.1 Replace with Fossil Generating Capacity 9.2 Replace with Nuclear Generating, Capacity 9.3 Replace with 0ther Energy Forma j
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Summary and Findings For Discipline and Subject 10.1 Aquatic Ecology 4
4 10.2 Water Quality 10.3 Terrestrial Ecology-10.4 Land'Use-10.5 Air _ Quality 10.6 Human Realth 10.7 Waste Management
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10.11 Need: for Generating. Capacity 10.12 Alternative Energy Sources Plans and Schedule The NRC has' contracted with Oak: Ridge National Laboratory (ORNL) to prepare the generic environmental' impact statement and-a.
supplement to Regulatory Guide '4.2,
Preparation of Environmental--
Reports =for Nuclear Power Stations", addressing license renewal g
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-applications.
The NRC has initiated consult.ations with the.
Council on Environmental = Quality and other appropriate federal agencies.
Discussions with-several federal agencies involving their assuming cooperating agency, status are. underway.
The Nuclear Utility Management and Resources Council -(NUMARC): has -
volunteered to coordinate the gathering'of.information from individual utilities.
Thisi. effort'is'now in progress:and will l
supplement the-extensive data gatheringreffort by ORNL.
The
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l proposed-rule, draft generic environmental impact statement-and draft supplement to RG 4.2 are scheduled for publication in i-The comment' period will be-90 days.
The'NRC is.
.May, :{.1991.
L planning to conduct a workshop during the comment period.
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i final rule, final generic environmental impact statement and l
supplement to RG 4.2 are scheduled for publication in April, l
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1992.
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specific considerations i
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Advice and recommendations on the proposed rulemaking are invited 1
i fros'all interested persons.
Comments and supporting legal and technical reasons for the comments are'particularly requested on the following questions:
1.
Is a generic environ 0 ental impact statement, or an 1
environmental assessmond required by NEPA to support this i
proposed rulemaking, or can the rulemaking be supported by a technical study?
2.
What alternative forms of codifying the findir.gs if the generic environmental impact statement should be considered?
3.
What activities associated with license renewal will lead to environmental impacts?
By what mechanism will they lead to impacts?
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What topical areas should be covered in the generic environmental impact statement?
Should the proposed outline be supplemented or restructured?
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For each topical area what are the specific environmental issues that should be addressed?
6.
For each topical area and each specific issue what information and data are required to perform generic a
analyses?
Where do the information and data exist?
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For each topical area and each specific issue what criteria 7
should be used to judge the significance of the
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environmental impact?
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For each topical area and each specific' issue what is the potential for successful generic analysis?
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What length of extended operating time can reasonably be addressed in the proposed rulemaking?
To what extent is it possible to reach generic conclusions about the i
environmental impacts which would be applicable to plants
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17 having renewed operating licenses espiring in the year 2030, or 2040, or 20507 List of subioets in 10 CFR Part 51 Environmental impact statement, environmental assessment, finding of no significant impact, scoping,' environmental report, request for consents, notice of intent, NEPA procedure, rulemaking The authority citation for this document is: Sec. 161, Pub. L. o 83-703, 68 Stat. 948, as amended (42-U.S.C. 2201); Sec. 201, Pub.
I L.93-438, 88 Stat. 1242, as amended (42 U.S.C. 5841, 5842)
I Dated at Rockville, Maryland, this day of
- 1990, i
i For the Nuclear Regulatory Commission.
Eric S. Rockjord, Director Office of Nuclear Regulatory Research 1
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l Renewal of Nuclear Power Plant operating Licenses l
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AGENCY:
Nuclear Regulatory Comunission I
ACTIOtt:
Notice of intent'to prepare a generic environmental' 7
impact statement.
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st20EkRY:
The Nuclear Regulatory Comunission (NRC) will prepare a generic environmental impact statement on the effects of renewing the operating licenses of individual. nuclear power plants.
The intent of the NRC is to treat generically as many types of-impacts as feasible.
The findings in the impact statement would
.then be codified in NRC environmental protection-regulations thereby limiting the scope of issues which need to be addressed-in individual license renewal applications.
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e DATES:
Written comments on matters covered by this notice received by [ add date 90 days from date of publication) will be considered in developing the generic environmental impact j
statement, a proposed rule change, and a draft regulatory guide.
Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.
I ADDRESSES:
Send written ocaments on this notice to: The Secretary of the Commission, Washington, J.C. 20555, Attention:
Docketing and Service Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, MD, between 7:45 and 4:15 P.M. Federal Workdays.
Copies of comments received by the Commission may be P
examined at the NRC Public Document Room, 2120 L Street, N.W.,
(Lower Level)
Washington, D.C.
FOR FURTRER INFORMATION CONTACT:
Donald P. Cleary, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, telephone (301) 492-3936 SUPPLEMENTARY INFORMkTION:
Supplementary information on the generic environmental impact statement may be found in the Advance Notice of Proposed Rulemaking on 10 CFR Part 51 in the L
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O' Proposed Rulemaking Section of this FR issue.
That notice contains speoitio considerations on which WRC desires advice and reocamendations.
Dated at Rockville, Maryland, this day of
, 1990.
For the Nucle'ar Regulatory Commission Erio 3. Bookjord, Director i
Office of Nuclear Regulatory Research
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