ML20308A453
| ML20308A453 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 11/02/2020 |
| From: | Kissinger P Nuclear Energy Institute |
| To: | Office of Administration |
| References | |
| 85FR47252 00002, NRC-2020-0175 | |
| Download: ML20308A453 (10) | |
Text
Page 1 of 1 SUNI Review Complete Template=ADM-013 E-RIDS=ADM-03 ADD: Jennifer Davis, Mary Neely As of: 11/3/20 10:49 AM Received: November 02, 2020 PUBLIC SUBMISSION Comment (2)
Publication Date: 8/4/2020 CITATION 85 FR 47252 Status: Pending_Post Tracking No. 1k4-9jv9-gdqk Comments Due: November 02, 2020 Submission Type: Web Docket: NRC-2020-0175 Notice of Intent to Review and Update the Generic Environmental Impact Statement for License Renewal of Nuclear Plants Comment On: NRC-2020-0175-0001 Notice of Intent To Review and Update the Generic Environmental Impact Statement for License Renewal of Nuclear Plants Document: NRC-2020-0175-DRAFT-0002 Comment on FR Doc # 2020-16952 Submitter Information Name: Peter Kissinger General Comment See attached file(s)
Attachments 11-02-2020_NRC_Industry Comments on Scoping of an LR GEIS https://www.fdms.gov/fdms/getcontent?objectId=090000648494741b&format=xml&showorig=false 11/03/2020
PETER W. KISSINGER, PE Senior Project Manager 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 612.419.3602 pwk@nei.org November 2, 2020 Ms. Jennifer Borges Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Program Management, Announcements and Editing Staff Submitted Via LicenseRenewal-GEIS@nrc.gov
Subject:
NEI Comments on Scoping for Review and Update of the Generic Environmental Impact Statement for License Renewal of Nuclear Plants [Docket ID: NRC-2020-0175]
The Nuclear Energy Institute (NEI) 1 is pleased to provide comments in response to the Nuclear Regulatory Commissions (NRC) August 4, 2020 Notice of Intent To Review and Update the Generic Environmental Impact Statement for License Renewal of Nuclear Plants. 2 NEI agrees with the NRCs observation that NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, (LR GEIS) has been effective in focusing the NRCs resources on important license renewal environmental impact issues and has increased the efficiency of the environmental review process. 3 Accordingly, we support NRC efforts to update the LR GEIS and to codify the update in a final rule. We offer additional comments below in response to the LR GEIS Scoping Notice.
A. The Continuing Need for an Efficient License Renewal Process The LR GEIS states that [t]he purpose and need for NRCs proposed action [i.e., issuance of a renewed license] is to provide an option to continue plant operations beyond the current licensing term to meet future system generating needs, as such needs may be determined by State, utility, system, 1 The Nuclear Energy Institute (NEI) is the organization responsible for establishing unified industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues.
NEI's members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations and entities involved in the nuclear energy industry.
2 Notice of Intent to Review and Update the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, 85 Fed. Reg. 47,252 (Aug. 4, 2020) (LR GEIS Scoping Notice).
3 As the NRC notes, 94 nuclear units at 59 plant sites have received renewed operating licenses and four units at two plant sites have received subsequent (second) renewed operating licenses. Id. at 47,253.
Program Management, Announcements and Editing Staff November 2, 2020 Page 2 and, where authorized, Federal (other than NRC) decision-makers. 4 That statement remains valid.
Indeed, preserving the option of initial and subsequent license renewals (SLR) for operating plants is critically important for the environmental, economic, and national security reasons described briefly below.
Nuclear power plants are a vital component of the U.S. electrical grid. In 2019, nearly 20 percent of U.S. total energy generation, and approximately 55 percent of the nations carbon-free emissions electricity came from nuclear power plants. 5 According to U.S. Energy Information Administration (EIA) data on power plant operations, nine of the ten power plants that generated the most electricity in 2019 were nuclear plants. 6 Moreover, in 2019, U.S. nuclear power plants achieved their highest electricity generation. 7 They also achieved their highest average capacity factor ever (93.4 percent) in 2019 and lowest average total electricity generating cost ($30.14 per megawatt-hour) since 2002. 8 Nuclear power plants have a number of unique attributes relative to other energy sources, such as long asset lifetime and reliability, very high energy density and capacity, and long refueling intervals. 9 They also help maintain grid stability by offsetting the impacts of fluctuations in renewable energy production. 10 This is especially important as renewable energy sources account for increasingly larger shares of U.S. electric generation. 11 In short, nuclear power is critical to the nations ability to provide a diverse and reliable source of baseload generation that can complement renewable energy sources by producing dispatchable, zero-emission electricity from a relatively small geographic footprint. 12 Additionally, operating reactors provide thousands of high-paying jobs, and will continue to do so if they are permitted to renew their operating licenses. Maintenance, refueling, and upgrades also provide 4 Generic Environmental Impact Statement for License Renewal of Nuclear Plants (Final Report), NUREG-1437, Rev. 1, Vol. 1 at S-3 (June 2013) (NRC ADAMS Accession No. ML13106A241) (LR GEIS).
5 NEI, Nuclear by the Numbers, at 7, 11 (Aug. 2020), available at https://www.nei.org/resources/fact-sheets/nuclear-by-the-numbers.
6 EIA, Today in Energy, In 2019, 9 of the 10 highest-generating U.S. power plants were nuclear plants (Sept. 25, 2020), https://www.eia.gov/todayinenergy/detail.php?id=45276#.
7 Nuclear by the Numbers, at 9. From 2014 to 2019, total U.S. nuclear electricity generation increased from 797.2 to 809.4 billion kilowatt-hours, despite a number of premature plant retirements during that same period.
8 Id. at 10, 12 9 Electric Power Research Institute (EPRI), Exploring the Role of Advanced Nuclear in Future Energy Markets:
Economic Drivers, Barriers, and Impacts in the United States, Report 3002011803, at 1-1 (Mar. 2018), available at https://www.epri.com/research/products/000000003002011803.
10 Krikorian, S. (2019), Nuclear and Renewables: Playing Complementary Roles in Hybrid Energy Systems, International Atomic Energy Agency, https://www.iaea.org/newscenter/news/nuclear-and-renewables-playing-complementary-roles-in-hybrid-energy-systems.
11 EIA, Annual Energy Outlook 2020 with projections to 2050, at 62 (Jan. 2020),
https://www.eia.gov/outlooks/aeo/pdf/AEO2020%20Full%20Report.pdf.
12 Atlantic Council Task Force on U.S. Nuclear Energy Leadership, U.S. Nuclear Energy Leadership: Innovation and the Strategic Global Challenge, at 4, 8 (May 2019), available at https://www.atlanticcouncil.org/wp-content/uploads/2019/05/US_Nuclear_Energy_Leadership-.pdf.
Program Management, Announcements and Editing Staff November 2, 2020 Page 3 important business opportunities for nuclear services contractors and suppliers. A robust civilian nuclear energy program, moreover, helps ensure the availability of the technological expertise and infrastructure necessary for the U.S. to be a leader in nuclear technology innovation and compete in the global marketplace. 13 For these reasons, the availability of an efficient NRC license renewal process remains essential.
B. Issues Related to the Applicability and Scope of the LR GEIS The LR GEIS Scoping Notice raises four issues related to the scope or applicability of the LR GEIS and associated Part 51 provisions. We provide our views on each of those issues below.
- 1. Applicability of the LR GEIS to Subsequent License Renewal (SLR)
NEI agrees that the NRC should explicitly clarify, in both the updated GEIS and in a revision to Part 51, that the findings in the LR GEIS apply to subsequent (second) license renewal environmental reviews. 14 Such a clarification is consistent with the Commissions ruling in CLI-20-3, in which it directly addressed this issue in the context of the Turkey Point Units 3 and 4 SLR proceeding. 15 The Commission noted the current language of 10 CFR 51.53(c)(3) is ambiguous because it neither directs the Commission to apply section 51.53(c)(3) to [subsequent license renewal] applicants, nor does it forbid the Commission from doing so. 16 However, based on a holistic reading of Part 51 and its review of the relevant regulatory history, the Commission held that section 51.53(c)(3) covers all applicants for license renewal, including subsequent license renewal applicants. 17 This controlling Commission determination should be explicitly reflected in the updated LR GEIS and Part 51.
- 2. Inclusion of Large Light-Water Reactors (LLWR) Impacts in the LR GEIS The NRC Staff is considering whether it should include license renewal environmental reviews for LWRs permitted for construction after June 30, 1995 in the updated LR GEIS. 18 As the Staff notes, Vogtle Units 3 and 4 (which are AP1000 LLWRs) are nearing completion, with the start of operations scheduled for 2021 and 2022, respectively. No other LLWRs are under construction. 19 10 CFR 54.17(c) 13 Id. at 4, 7.
14 LR GEIS Scoping Notice, 85 Fed. Reg. at 47,254.
15 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4), CLI-20-3, 91 NRC __ (Apr. 23, 2020) (slip op.).
16 Id., slip op. at 8 (internal quotation marks and citation omitted).
17 Id., slip op. at 10 (emphasis added).
18 LR GEIS Scoping Notice, 85 Fed. Reg. at 47,255.
19 NEI notes that the Tennessee Valley Authority (TVA) completed construction of Watts Bar Unit 2 in 2015 after reactivating construction of the plant and extending the original 1973 construction permit. Watts Bar Unit 2 commenced commercial operations approximately four years ago in October 2016.
Program Management, Announcements and Editing Staff November 2, 2020 Page 4 provides that [a]n application for a renewed license may not be submitted to the Commission earlier than 20 years before the expiration of the operating license or combined license currently in effect.
Thus, while Vogtle Units 3 and 4 may eventually seek license renewal, that action is still at least two decades away given the expected expiration dates for those units combined licenses. 20 Further, while the environmental impacts of Vogtle Unit 3 and Unit 4 operations are expected to be consistent with those of currently-operating LLWRs, the new units will not have accrued substantial operating experience by the time the NRC Staff issues the next GEIS update. Therefore, we recommend that any revisions to the LR GEIS to account for Vogtle Units 3 and 4 operations specifically be deferred to a subsequent update.
- 3. Inclusion of Advanced Nuclear Reactor (ANR) and/or Small Modular Reactor (SMR)
Impacts in the LR GEIS The NRC Staff also is considering whether it should include license renewal environmental reviews for ANR and SMR facilities in the LR GEIS. 21 While NEI believes the NRC should not foreclose this possibility (especially in future LR GEIS updates), it appears premature given the current licensing status of such facilities. At present, the only ANR application pending review is Oklos Aurora micro-reactor license application. 22 Other prospective applicants are still in the pre-application phase of the process. 23 Additionally, the NRC is in the early stages of preparing a GEIS to assess the environmental impacts of initial ANR and SMR licensing. The Staff recently completed the scoping process and received approval from the Commission to develop an ANR GEIS using a technology-inclusive, plant parameter envelope (PPE) approach. 24 NEI presumes that the NRC would prefer to complete that effort before assessing the environmental impacts of renewing ANR and SMR licenses, and may ultimately consider the final ANR GEIS in a future update of the LR GEIS.
- 4. Consideration of the Environmental Impacts of License Renewal Beyond the 20-Year License Renewal Term The NRC Staff notes that it is in the early stages of evaluating whether to extend the operating reactor license renewal period from 20 years to a maximum of 40 years, and thus queries whether the LR GEIS should consider the environmental impacts of license renewal beyond current regulatory limit of 20 Although the NRC issued the combined licenses for Vogtle Units 3 and 4 in 2012, the 40-year initial license period runs from the date on which the Commission makes a finding that acceptance criteria are met under § 52.103(g) or allowing operation during an interim period under the combined license under § 52.103(c).
21 LR GEIS Scoping Notice, 85 Fed. Reg. at 47,255.
22 See NRC, Aurora - Oklo Application, https://www.nrc.gov/reactors/new-reactors/col/aurora-oklo.html.
23 See NRC, Advanced Reactors (non-LWR designs) - Pre-Application Activities, https://www.nrc.gov/reactors/new-reactors/advanced.html#preAppAct.
24 See Staff Requirements - SECY-20-0020 - Results of Exploratory Process for Developing a Generic Environmental Impact Statement for the Construction and Operation of Advanced Nuclear Reactors (Sept. 21, 2020)
(ML20265A112); Environmental Impact Statement Scoping Process Summary Report - The Advanced Nuclear Reactor Generic Environmental Impact Statement Public Scoping Period (Sept. 2020) (ML20269A317).
Program Management, Announcements and Editing Staff November 2, 2020 Page 5 20 years (e.g., up to a maximum of 40 years). 25 NEI recommends that the next LR GEIS update remain focused on the 20-year extensions allowed by current NRC regulations, and that any consideration of the environmental impacts of longer extensions be deferred to a subsequent LR GEIS update and rulemaking (assuming that the NRC ultimately decides to amend its rules to allow 40-year extensions). Although NEI does not perceive any legal or technical bar to extending the renewal period, modification of the LR GEIS to reflect a longer renewal period would be premature at this time given that the NRC Staff is still in the early stages of evaluating that possibility.
C. Greenhouse Gas Emissions/Climate Change Issues In June 2019, the Council on Environmental Quality (CEQ) issued its Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions (Draft GHG Guidance) to address how NEPA analyses should address greenhouse gas emissions. 26 The NRC Staff is considering whether it should evaluate this new NEPA issue in the LR GEIS and determine the issue category and level of impact. 27 As explained below, we do not believe the Draft GHG Guidance warrants any modifications to the LR GEIS, even assuming the NRC was obligated to follow that guidancewhich it is not.
CEQ has not finalized the Draft GHG Guidance, and it is unclear if it intends to do so (at least in its current form). Notably, when CEQ revised its NEPA regulations in July 2020, it stated that [u]nder the final rule, agencies will consider predictable environmental trends in the area in the baseline analysis of the affected environment, and that [t]rends determined to be a consequence of climate change would be characterized in the baseline analysis of the affected environment rather than as an effect of the action. 28 Further, the CEQs final rule narrows the scope of effects that agencies must consider in reviewing proposed actions by eliminating the distinction between direct and indirect effects and the need for cumulative impact analysis. 29 Agencies must consider only effects that are reasonably foreseeable and have a reasonably close causal relationship to the proposed action (i.e., a but for causal relationship is insufficient to trigger federal agency obligations under NEPA). 30 Insofar as these CEQ statements reflect the position that climate change effects resulting from greenhouse gas emissions are not to be viewed as reasonably foreseeable effects of the proposed action, they would appear to eclipse the 2019 draft CEQ guidance. In fact, in responding to public comments on its January 2020 proposed rule, CEQ stated: CEQ has anticipated the need to review the Draft GHG 25 LR GEIS Scoping Notice, 85 Fed. Reg. at 47,255.
26 84 Fed. Reg. 30,097 (June 26, 2019).
27 LR GEIS Scoping Notice, 85 Fed. Reg. at 47,254.
28 CEQ, Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act; Final Rule, 85 Fed. Reg. 43,304, 43,331 (July 16, 2020) (CEQ Final Rule).
29 Id. at 43,343-44, 43375 (discussing the revised definition of effects or impacts in 40 CFR 1508.1(g)).
30 Id. at 43,343-44 (citing Metro. Edison Co. v. People Against Nuclear Energy, 460 U.S. 766, 776 (1983)).
Program Management, Announcements and Editing Staff November 2, 2020 Page 6 Guidance for potential revisions consistent with the final rule. Based on the publics comments, the final rule does not codify any portion of the Draft GHG Guidance. 31 We also note that this issue is not new. In CLI-09-21, the Commission stated that it expect[s] the Staff to include consideration of carbon dioxide and other greenhouse gas emissions in its environmental reviews for major licensing actions under [NEPA], and that [t]he Staff should ensure that these issues are addressed consistently in agency NEPA evaluations and, as appropriate, update Staff guidance documents to address greenhouse gas emissions. 32 As the LR GEIS explains, to comply with the Commissions direction in CLI-09-21 and in response to public comments, the Staff added a new section, GHG Emissions and Climate Change, (Chapter 4, Section 4.12.3.2) to LR GEIS, Revision 1, summarizing the potential cumulative impacts of GHG emissions and global climate change. 33 Consequently, the current LR GEIS and site-specific supplements thereto discuss greenhouse gases, both in terms of (1) greenhouse gas emissions from operating nuclear plants relative to other energy sources, and (2) the effects of greenhouse-induced climate change on the affected environment. Even if the Draft GHG Guidance is considered, there is no apparent need for further analysis. 34 D. Other Issues Identified in the LR GEIS Scoping Notice The LR GEIS Scoping Notice identifies several other specific issues on which the NRC Staff invites public comments. NEI provides the following brief comments on those issues:
- Groundwater quality degradation (plants with cooling ponds in salt marshes): NEI supports the suggested revisions to the LR GEIS, and notes that the Staff should utilize the detailed environmental information and analyses contained in the NRCs supplemental EIS for the Turkey Point Units 3 and 4 SLR application, as relevant to this specific issue. 35 31 CEQ, Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act:
Final Rule Response to Comments at 482 (June 30, 2020), available at https://www.whitehouse.gov/wp-content/uploads/2020/01/CEQ-NEPA-Regulations-Final-Rule_Response-to-Comments_Final.pdf.
32 Duke Energy Carolinas, LLC (William States Lee III Nuclear Station, Units 1 and 2), CLI-09-21, 70 NRC 927, 931 (2009).
33 See LR GEIS, Rev. 1., Vol. 1 at 1-30.
34 NEI does believe it is appropriate for the LR GEIS to explicitly recognize the critical, beneficial role that operating nuclear power plants play in avoiding greenhouse gas emissions relative to other energy sources. As noted above, nuclear power currently accounts for about 55 percent of the nations carbon-free emissions electricity (more than all other sources combined). Carbon emissions avoided by the U.S. nuclear industry in 2019 totaled 505.8 million metric tons, the equivalent to taking nearly 110 million cars off the road. NEI, Nuclear by the Numbers, at 8. Nuclear plants with initial license renewals generated more than 739 billion kilowatt-hours of carbon-free electricity in 2019, powering over 68 million homes. Id. at 21.
35 Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos. 3 and 4 - Final Report, NUREG-1437, Supp. 5, Second Renewal (Oct. 2019) (ML19290H346).
Program Management, Announcements and Editing Staff November 2, 2020 Page 7
- Threatened, endangered, and protected species and essential fish habitat (interagency consultations): NEI supports the suggested revisions insofar as they clarify: (1) issues that do not require interagency consultation or non-Federal protection categories, such as State-listed species, and (2) requirements for interagency consultation with the National Oceanic and Atmospheric Administration under the National Marine Sanctuaries Act.
- Updated guidance on evaluating radiological doses to aquatic and terrestrial biota: Given that the current GEIS references the 2002 version of the U.S. Department of Energys (DOE) A Graded Approach to Evaluating Radiation Doses to Aquatic and Terrestrial Biota (i.e., DOE-STD-1153-2002), NEI supports the Staffs proposal to update the LR GEIS to reflect DOEs issuance of the latest version of that standard (DOE-STD-1153-2019) in February 2019.
- NEI 17-04, Revision 1 guidance: NEI 17-04, Revision 1, Model SLR New and Significant Assessment Approach for SAMA, (Aug. 2019) (ML19316C718) provides guidance on identifying and considering new and significant information with respect to a prior severe accident mitigation alternatives (SAMA) analysis. Insofar as the Staff intends to include a reference to NEI 17-04 in the updated LR GEIS (e.g., in Appendix E, Section E.4), NEI notes that by letter dated December 11, 2019, the Staff found NEI 17-04, Revision 1 acceptable for interim use by applicants, pending formal NRC endorsement of NEI 17-04 by incorporation in Regulatory Guide 4.2, Supplement 1, Preparation of Environmental Reports for Nuclear Power Plant License Renewal Applications. 36 E. Consideration of CEQs July 2020 Updated NEPA Regulations The NRC Staff notes that it is reviewing the CEQs recently-updated NEPA regulations to determine their potential effect on the LR GEIS update. NEI submitted detailed comments on the CEQs proposed rule in March 2020. 37 Those comments explained how CEQs revisions to the regulations, which are intended to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies, might serve to improve the efficiency of the NRCs environmental review process. 38 The CEQs updated regulations include modifications that are generally consistent with the recommendations made by NEI in its March 2020 white paper, 39 to which the NRC Staff responded on June 10, 2020. 40 Although the NEI white paper focuses on advanced reactors, most of the recommendations (including targeted process-related improvements) apply to the NRC environmental review process more broadly.
36 See Letter from A. Bradford, NRC to C. Earls, NEI (Dec. 11, 2019).
37 Comments of the Nuclear Energy Institute in Response to the Council of Environmental Qualitys Notice of Proposed Rulemaking: Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act, Docket No. CEQ-2019-0003, RIN: 0331-AA03 (Mar. 10, 2020).
38 CEQ Final Rule, 85 Fed. Reg. at 43,306.
39 Nuclear Energy Institute, Recommendations for Streamlining Environmental Reviews for Advanced Reactors (Mar.
2020) (ML20065N155).
40 Letter to D. True, Nuclear Energy Institute, from J. Tappert, NRC-NMSS (June 10, 2020) (ML20147A540).
Program Management, Announcements and Editing Staff November 2, 2020 Page 8 Based upon our review, we do not foresee the new CEQ rules as significantly affecting the scope or substantive content of the LR GEIS update. However, we continue to encourage the NRC to consider the CEQs rule changes in the context of the agencys broader efforts to enhance and streamline its environmental reviews. 41 For example, the NRC Staff might consider using presumptive page limits; 42 making increased use of incorporation by reference of existing studies, analyses, and information (including information contained in the applicants environmental report); 43 focusing on environmental effects that have a reasonably close causal relationship to the proposed action (i.e., utilizing CEQs narrower definition of effects); 44 and optimizing the efficiency of the public comment/NRC comment response processes for both the scoping and draft supplemental EIS stages. 45 Relatedly, we encourage the Staff to continue to implement various process-related improvements like those identified in NEIs March 2020 white paper and in industry comments provided to the NRC during SLR Lessons Learned public meetings held on March 28, 2019 46 and April 7, 2020. 47 Such process improvements include, for example, more timely delivery of NRC questions/audit needs list to allow pre-audit preparation of responses; better definition of tour needs to improve planning for tour content and resources; and increased use of Requests for Confirmation of Information process in lieu of formal requests for additional information. Such process improvements have contributed to the Staffs demonstrated ability to conduct its environmental reviews for initial and subsequent license renewals, as well as other types of licensing actions, 48 in a timely manner.
Finally, we note that CEQ has sought to make its regulations consistent with the One Federal Decision policy established by Executive Order 13807 for multiagency review and related permitting and other 41 As an independent regulatory agency, the NRC is not bound by CEQ regulations unless they are adopted into Part
- 51. Powertech (USA) Inc. (Dewey-Burdock In Situ Uranium Recovery Facility), CLI-20-9, 92 NRC __ (slip op. at 9,
- 10) Oct. 8, 2020. Nevertheless, the NRC gives them substantial deference in applying NEPA and looks to CEQ regulations as guidance. Id. at 9 (quoting Dominion Nuclear North Anna, LLC (Early Site Permit for North Anna ESP Site), CLI-07-27, 66 NRC 215, 222 n.21 (2007)). It also is the NRCs announced policy to take account of the regulations of the CEQ and [e]xamine any future interpretation or change to the Councils NEPA regulations. 10 CFR 51.10(a).
42 See 40 CFR 1502.7, Page limits.
43 See 40 CFR 1501.11, Tiering; 40 CFR 1501.12, Incorporation by Reference; 40 CFR 1506.3, Adoption.
44 See CEQ Final Rule, 85 Fed. Reg. at 43,343-44, 43,375 (discussing the revised definition of effects or impacts in 40 CFR 1508.1(g)).
45 See CEQ Final Rule, 85 Fed. Reg. at 43,318, 43,333, 43,367-68 (discussing 40 CFR 1503.3, Specificity of comments and information); id. at 43,318, 43,334, 43,358 (discussing 40 CFR 1500.3(d), NEPA compliance).
46 Industry Slides for the March 28, 2019 Public Meeting on SLR Lessons Learned (ML19086A036).
47 Industry Slides for the April 7, 2020 Public Meeting on SLR Lessons Learned (ML20092K606).
48 See, e.g., Pacific Northwest National Laboratory News Release, Power Reactor Project is Model for Accelerated Site Review (Apr. 24, 2019), https://www.pnnl.gov/news-media/power-reactor-project-model-accelerated-site-review (discussing effective EIS-related process improvements for the Clinch River ESP).
Program Management, Announcements and Editing Staff November 2, 2020 Page 9 authorization decisions. 49 As CEQ explains, the Executive Order specifically instructed CEQ to take steps to ensure optimal interagency coordination, including through a concurrent, synchronized, timely, and efficient process for environmental reviews and authorization decisions. 50 NEI emphasizes this point because the NRCs NEPA reviews for license renewal coincide with parallel obligations under various environmental statutes. 51 The NRC and applicants are sometimes delayed in their own actions because they must await actions by other agencies with key authority over these aspects of project review, but with no stake in the project itself. While delays caused by other federal or state agencies are not within NRCs direct control, we encourage the NRC to use its authorities and processes to avoid or mitigate such delays to the maximum extent practicable. In this regard, we commend the NRC Staff for including detailed guidance in NRR Office Instruction LIC-203, Revision 4 for performing interagency coordination and consultation activities associated with the aforementioned environmental statutes. 52 If you have questions concerning this letter please contact me or Martin ONeill, Associate General Counsel (202.739.8139 or mjo@nei.org).
Sincerely, Peter W. Kissinger, PE C: Robert Elliot NMSS/REFS/ERLRB Jennifer Davis NMSS/REFS/ERNRB Jeffery Rikhoff NMSS/REFS/ERLRB John Tappert NMSS/REFS Kevin Coyne NMSS/REFS 49 Executive Order 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects, 82 Fed. Reg. 40,463 (Aug. 24, 2017).
50 CEQ Final Rule, 85 Fed. Reg. at 43,313 (emphasis added).
51 Such statutes include the National Historic Preservation Act (NHPA), Coastal Zone Management Act (CZMA), Clean Water Act (CWA), and/or wildlife and habitat protection statutes such as the Endangered Species Act (ESA) and Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended (MSA).
52 NRR Office Instruction LIC-203, Revision 4, Procedural Guidance for Categorical Exclusions, Environmental Assessments, and Considering Environmental Issues (July 13, 2020) (ML20016A379).