ML21174A152

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LIC-217 NRR Support for Part 50 and Part 52 Mandatory Hearing Process
ML21174A152
Person / Time
Issue date: 07/27/2021
From: Renee Taylor
Office of Nuclear Reactor Regulation
To:
Office of Nuclear Reactor Regulation
Fetter, A. DNRL/NRLB
References
LIC-217, Y020200008
Download: ML21174A152 (19)
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Text

OFFICE OF NUCLEAR REACTOR REGULATION LIC-217 NRR Support for the Part 50 and Part 52 Mandatory Hearing Process Volume 200 Licensing Support Approved By: Robert M. Taylor Date Approved: July 27, 2021 Effective Date: August 2, 2021 Certification Date: August 2, 2026 Responsible Organizations: DNRL and DANU Primary Contacts: Allen Fetter Mallecia Sutton Allen.Fetter@nrc.gov Mallecia.Sutton@nrc.gov 301-415-8556 301-415-0673 Summary: This is the initial issuance of LIC-217, NRR Support for the Part 50 and Part 52 Mandatory Hearing Process it provides NRR staff with guidance on preparation for and effective participation in mandatory hearings for permits and licenses under 10 CFR Parts 50 or 52.

Training: None ADAMS Accession No.: ML21174A152 TABLE OF CONTENTS

1. POLICY ..................................................................................................................................... 2
2. OBJECTIVES ............................................................................................................................ 2
3. BACKGROUND ......................................................................................................................... 2
4. BASIC REQUIREMENTS .......................................................................................................... 3
5. RESPONSIBILITIES AND AUTHORITIES ................................................................................ 4
6. PERFORMANCE MEASURES.................................................................................................. 9
7. PRIMARY CONTACT ................................................................................................................ 9
8. RESPONSIBLE ORGANIZATION ............................................................................................. 9
9. EFFECTIVE DATE .................................................................................................................... 9
10. CERTIFICATION DATE............................................................................................................. 9
11. REFERENCES .......................................................................................................................... 9

Office Instruction: LIC-217, NRR Support for the Part 50 and Part 52 Mandatory Hearing Process Date: July 27, 2021 ADAMS Accession No.: ML21174A152 OFFICE NRR/DNRL/D NRR/DANU/D NMSS/REFS/D OGC NRR/DRMA DD/NRR NAME ABradford MShams JTappert MCarpentier/MWright TGorham RTaylor DATE 06/21/2021 06/21/2021 06/21/2021 06/08/2021 07 /21 /2021 0727//2021 OFFICIAL RECORD

Page Left Intentionally Blank NRR Office Instruction LIC-217 Page 2 of 10

1. POLICY It is the policy of the Office of Nuclear Reactor Regulation (NRR) to support uncontested (mandatory) hearings that must be held prior to issuance of a limited work authorization (LWA)1, a construction permit, an early site permit (ESP), or a combined license (COL) for a facility under AEA §§ 103 or 104b. or a testing facility under AEA § 104c.
2. OBJECTIVES This Office Instruction (OI), LIC-217, NRR Support for the Part 50 and Part 52 Mandatory Hearing Process provides NRR staff (and other NRC staff supporting Part 50 and 52 licensing activities) with guidance on adequate preparation for, and effective participation in, mandatory hearings for permits and licenses under 10 CFR Parts 50 or 52.
3. BACKGROUND Section 189a.(1)(A) of the AEA and NRC regulations define the types of applications for which a hearing must be held. As reflected in 10 CFR 2.104, a hearing is required before issuance of an LWA, a construction permit, an ESP, or a COL for a facility under AEA §§ 103 or 104b or a testing facility under AEA § 104c.

The NRC holds uncontested hearings for these applications, regardless of whether a contested hearing has been held or requested. Chapter IV of the Internal Commission Procedures (ADAMS Accession No. ML16250A666) describes the processes the Commission uses to conduct mandatory hearings for Part 52 COL applications or applications for Part 50 construction permits for medical isotope production and utilization facilities. For ESPs, which are partial construction permits (CPs), the Commission has delegated the duty of conducting uncontested hearings to the Atomic Safety and Licensing Boards (ASLBs) as discussed in the staff requirements memorandum for SECY-15-0088 (ADAMS Accession No. ML15238B093). The Commission retains the discretion to conduct those mandatory hearings as well. For example, in the case of the Clinch River ESP, the Secretary of the Commission transmitted a memo to the Atomic Safety and Licensing Board Panel (ASLBP) on August 23, 2018 (ADAMS Accession No. ML18235A386) rescinding the Panels previously delegated June 22, 2017 authority (ADAMS Accession No. ML17173A261) to conduct the mandatory hearing. The Commission held the mandatory hearing for the Clinch River ESP on August 14, 2019. For other types of applications, the Commission would decide who would conduct the mandatory hearing.

The Commission and ASLB mandatory hearing timelines for 10 CFR Part 50 and Part 52 licenses are tied to the staffs issuance of both the final safety evaluation report (FSER) and the final environmental impact statement (FEIS) or the 1

There is a distinct mandatory hearing process for an LWA that is issued separately from an ESP, COL or CP (a process that has not been recently used - see Washington Public Power Supply System (WPPSS Nuclear Project Nos. 3 and 5), LBP-77-25, 5 NRC 964 (1977) (Partial Initial Decision Authorizing Limited Work Authorization)). This OI does not cover mandatory hearings for LWAs that are issued separately from an ESP, COL or CP.

NRR Office Instruction LIC-217 Page 3 of 10 Environmental Assessment (EA) associated with a construction permit, COL or ESP review. Prior to issuance of an FEIS or an EA, required consultations with U.S. Fish and Wildlife and/or National Marine Fisheries Services should be completed or resolved, and for COLs and construction permits, any required certification under Section 401 of the Clean Water Act, as applicable2, must be obtained or waived. If there are delays in the completion of consultations or the Section 401 certification has not been obtained or waived, the mandatory hearing may take place, but those actions would need to be completed, as applicable, before the Commission will authorize issuance of a construction permit, a COL or an ESP.

4. BASIC REQUIREMENTS The preparation for and participation in mandatory hearings for Part 50 and Part 52 licenses before the Commission consists of the following high-level tasks:
  • Coordination with the Office of the Secretary (SECY) regarding expected completion dates for the FEIS or EA and FSER to support the Commissions agenda planning;
  • Preparation of the requisite SECY information paper;
  • Preparation of the draft license(s) and indemnity agreements (for COLs);
  • Preparation of the draft summary Record of Decision (ROD);
  • Preparation of presentations (slides and talking points for overview panel, safety panel and environmental panel) and planning and participating in dry runs/mock hearings (PMs, OGC, management and select technical staff);
  • Responding to Commission prehearing questions in coordination with OGC and management (Applicant also responds to prehearing questions);
  • Coordinating with OGC on documents to be filed as exhibits (Applicant also submits exhibits);
  • Participating in mandatory hearing and responding to post-hearing questions (both applicant and NRC, if applicable); and
  • Issuing license(s) (signed by NRR Office Director) and indemnity agreement or indemnity agreement amendment (as applicable) to licensees within 10 days if the Commission determines that the license (or licenses) should be granted.

The preparation for and participation in mandatory hearings for Part 50 and Part 52 licenses before the ASLB consists of the following high-level processes:

  • Communication with the ASLB (done by OGC) regarding expected 2

For example, a testing facility might not necessarily discharge to water.

NRR Office Instruction LIC-217 Page 4 of 10 completion dates for the FEIS and the FSER for the purpose of planning a hearing date;

  • Preparation of the draft license(s);
  • Preparation of the draft summary record of decision;
  • Preparing presentations (slides and talking points for overview panel, safety panel and environmental panel) and planning and participating in several dry runs/mock hearings (PMs, OGC, management and select technical staff);
  • Responding to ASLB prehearing questions in coordination with OGC and management (Applicant also responds to prehearing questions);
  • Coordinating with OGC on documents to be filed as exhibits (Applicant also submits exhibits);
  • Participating in mandatory hearing and responding to post-hearing questions (both applicant and NRC, if applicable); and
  • Issuing license(s) (signed by NRR Office Director) and indemnity agreement (as applicable) to licensees 10 days after initial decision by the ASLB3 (if the Board determines that the license (or licenses) should be approved).
5. RESPONSIBILITIES AND AUTHORITIES All NRR staff who support the review of Part 50 and Part 52 licensing applications requiring mandatory hearings are responsible for understanding and applying the guidance contained in Enclosure 1. Those responsibilities are applicable to NRC staff from other offices performing all or part of the application review, but participation in the mandatory hearing may be limited to a smaller cohort of the reviewers. The number of staff participating is a senior management determination. OGC involvement is integral to preparing for, and participating in, the mandatory hearing.

5.1.1 Project Management NRR Lead Project Manager The Lead Project Manager (PM) within NRR, as supported by other PMs For Mandatory Hearings conducted by the Commission 3

The decision is immediately effective per 10 CFR § 2.340(f). The license must be issued within 10 days under 10 CFR § 2.340(i) if the Commission or the appropriate Office Director has made all findings necessary for issuance.

NRR Office Instruction LIC-217 Page 5 of 10

  • Coordinates with SECY on schedule based on anticipated issuance dates of FEIS and FSER and provides the mailing list for SECY distribution of the hearing scheduling note.
  • Coordinates and manages activities associated with mandatory hearing preparations and participation in the mandatory hearing (sub-bulleted below):

- Selection of non-routine issues to describe in the SECY information paper in collaboration with NMSS Environmental PM (EnvPM), OGC and management (NRR and NMSS);

- Preparation of SECY information paper in collaboration with EnvPM, technical staff, OGC and management (NRR and NMSS). SECY Information Paper examples: Clinch River ESP (ADAMS Accession No. ML19107A241), Turkey Point Units 6 & 7 COLs (ADAMS Accession No. ML17348A656);

- Preparation of draft license(s) done in collaboration with NMSS EnvPM, technical staff, OGC and management (NRR and NMSS).

Example draft licenses: Clinch River ESP (ADAMS Accession No. ML19107A159), Turkey Point Units 6 & 7 COLs (ADAMS Accession Nos. ML16302A259 & ML16302A270) and indemnity agreement (as applicable, in collaboration with NMSS Financial COE)4 Indemnity Agreement and amendment for Turkey Point Units 6 & 7 (ADAMS Accession No. ML19274D139);

- Verifies that draft summary Record of Decision is prepared by NMSS EnvPM and reviewed by OGC. Examples of draft summary record of decision (ROD): Clinch River ESP (ADAMS Accession No. ML19070A028), draft summary ROD Turkey Point Units 6 & 7 COLs (ADAMS Accession No. ML16312A403);

- Preparation of testimony (slides and talking points for witness panels - overview panel, safety panel and environmental panel) and exhibits for the hearing, and planning several mock hearings prior to the hearing (done in collaboration with NMSS EnvPM, technical staff, OGC and management (NRR and NMSS). Examples of overview, safety and environmental panels for Clinch River ESP (ADAMS Accession Nos. ML19227A247, ML19227A244 and ML19227A246); Examples of overview, safety and environmental panels for Turkey Point Units 6 & 7 COLS (ADAMS Accession Nos.

ML17348A684, ML17348A685, and ML17348A686);

4 Note that an indemnity agreement associated with a site with existing reactors requires an amendment to include the new unit(s), which was the case for Turkey Point COLs (see Indemnity Agreement B-46, as amended, ADAMS Accession No. ML19274D139). For an undeveloped site, such as for the Levy Nuclear Plant COL, a new indemnity agreement is required (see ADAMS Accession No. ML16264A143).

NRR Office Instruction LIC-217 Page 6 of 10

- Responding to Commission pre-hearing and post-hearing questions (done in collaboration with NMSS EnvPM, technical staff, OGC and management). Staff responses are typically approved by licensing Division Directors, who brief Office Directors on the staff responses; and

- Participation in the mandatory hearing (done in collaboration with NMSS EnvPM, technical staff, OGC and management).

  • Works in coordination with the NMSS EnvPM to get license or licenses issued to the licensee within 10 days after the Commission decision (if the Commission authorizes issuance of the license or licenses). Licenses are signed by the NRR Office Director prior to transmittal. The EnvPM prepares and issues the final summary ROD to EPA following the Commission decision. Any changes from the draft license(s) or draft Summary ROD must be coordinated with OGC, and such changes should generally be made only as a result of the Commissions decision.

For Mandatory Hearings conducted by the ASLB5

  • Communicates with OGC on the anticipated issuance dates of the FEIS and the FSER, who will relay this information to the ASLB to support the timely commencement of the mandatory hearing.
  • Coordinates and manages activities associated with mandatory hearing preparations and participation in the hearing (sub-bulleted below):

- Preparation of draft license(s) (done in collaboration with NMSS EnvPM and technical staff, OGC and management). Example draft ESP: Clinch River ESP (ADAMS Accession No. ML19107A159).

Note that an ASLB might not require preparation and submission of a draft license or licenses for a mandatory hearing, but it is a best practice to prepare a draft license (or licenses) prior to a mandatory hearing;

- Verifies that draft summary record of decision is prepared by NMSS EnvPM and reviewed by OGC. Example of draft summary record of decision: Clinch River ESP (ADAMS Accession No. ML19070A028);

- Preparation of testimony (slides and talking points for overview panel, safety panel and environmental panel) and exhibits for the hearing, and planning several mock hearings prior to the hearing (done in collaboration with NMSS EnvPM, technical staff, OGC and management);

- Responding to ALSB pre-hearing and post-hearing questions (done in collaboration with NMSS EnvPM, technical staff, OGC and 5

An ASLB is initially established if a petition for leave to intervene and a request for a hearing on an application are proffered and those requests are referred to the Panel. If no such requests are proffered, the staff will communicate with the Office of the Secretary regarding the establishment of a docket for the proceeding at least 90 days in advance of the issuance of the FSER and FEIS.

NRR Office Instruction LIC-217 Page 7 of 10 management). Staff responses are typically approved by licensing Division Directors, who brief Office Directors on the staff responses; and

- Participation in the mandatory hearing (done in collaboration with EnvPM, technical staff, OGC and management).

  • Works in coordination with the NMSS EnvPM to get license issued to the licensee within 10 days per 2.340(i) after the initial decision by the ASLB (if the ASLB approves issuance of the license (or licenses)) (ESP signed by NRR Office Director). Any changes from the draft license that was reviewed by OGC must be coordinated with OGC.

Projects Branch Chief

  • Works in coordination with lead PM to ensure that mandatory hearing planning and milestones stay on schedule, and keeps senior management informed on planning preparations, as well as on any emerging issues.

NMSS Environmental Project Manager Environmental PM (EnvPM) in the Environmental Center of Expertise (COE) within NMSS

  • Supports the Lead PM in NRR in performing activities associated with preparation and participation in a mandatory hearing conducted by either the Commission or an ASLB (activities also described in detail above under NRR Lead Project Manager):

o Selection of non-routine issues to describe in the SECY information paper in collaboration with NRR Lead PM, OGC and management (NRR and NMSS);

o Preparation of SECY information paper in collaboration with NRR Lead PM, technical staff, OGC and management (NRR and NMSS). SECY Information Paper examples: Clinch River ESP (ADAMS Accession No. ML19107A241), Turkey Point Units 6 & 7 COLs (ADAMS Accession No. ML17348A656);

o Preparation of draft license(s) done in collaboration with NRR Lead PM, technical staff, OGC and management (NRR and NMSS)) Example draft licenses: Clinch River ESP (ADAMS Accession No. ML19107A159), Turkey Point Units 6 & 7 COLs (ADAMS Accession Nos. ML16302A259 & ML16302A270);

o Preparation of draft summary Record of Decision that is reviewed and approved by OGC. Examples of draft summary record of decision:

Clinch River ESP (ADAMS Accession No. ML19070A028), draft summary ROD Turkey Point Units 6 & 7 COLs (ADAMS Accession No. ML16312A403);

NRR Office Instruction LIC-217 Page 8 of 10 o Preparation of testimony (slides and talking points for witness panels -

overview panel, safety panel and environmental panel) and exhibits for the hearing, and planning several mock hearings prior to the hearing (done in collaboration with NRR Lead PM, technical staff, OGC and management (NRR and NMSS). Examples of overview, safety and environmental panels for Clinch River ESP (ADAMS Accession Nos.

ML19227A247, ML19227A244 and ML19227A246); Examples of overview, safety and environmental panels for Turkey Point Units 6 & 7 COLS (ADAMS Accession Nos. ML17348A684, ML17348A685, and ML17348A686);

o Responding to Commission pre-hearing and post-hearing questions (done in collaboration with NRR Lead PM, technical staff, OGC, NMSS and NRR management). Staff responses are typically approved by licensing Division Directors, who brief Office Directors on the staff responses; and o Participation in the mandatory hearing (done in collaboration with NRR Lead PM, technical staff, OGC and NMSS and NRR management).

Environmental Branch Chief

  • Works in coordination with the EnvPM and NRR Projects Branch Chiefs to ensure that mandatory hearing planning and milestones stay on schedule, and keeps senior management informed on planning preparations, as well as on any emerging issues.

5.1.2 Technical Branches Technical Staff - NRR and other offices as needed

  • Supports the Lead PM and NMSS EnvPM with responding to pre-hearing and post-hearing questions related to their areas of technical expertise and works with OGC on finalizing the responses. Technical staff may also be requested to participate in other preparations for the mandatory hearing, such as preparation of testimony and slides, engaging in mock hearing exercises, and participating in OGC training to staff on the mandatory hearing process, and participating in the hearing itself.

Technical Branch Chiefs

  • Works in coordination with the EnvPM and NRR Projects Branch Chiefs to ensure that staff are available and able to respond to pre-hearing and post-hearing questions related to their areas of technical expertise, and work with OGC on finalizing the responses. Prioritize resources so that technical staff may participate in other preparations for the mandatory hearing, such as mock hearing exercises, and OGC training to staff on the mandatory hearing, if requested.

NRR Office Instruction LIC-217 Page 9 of 10 5.1.3 OGC

  • Provides guidance, training and support to staff on planning and preparing for mandatory hearings, including legal review of all documents and slide presentations, prehearing testimony, and responses to pre-hearing and post-hearing questions. Files testimony and exhibits electronically and coordinates with staff to provide any corrections to the hearing transcript.
6. PERFORMANCE MEASURES Although there are no NRR performance measures associated with mandatory hearings, there are a number of prehearing and post-hearing activities and milestones that require effective planning and diligence by staff to achieve.
7. PRIMARY CONTACTS Allen Fetter Mallecia Sutton Allen.Fetter@nrc.gov Mallecia.Sutton@nrc.gov 301-415-8556 301-415-0673
8. RESPONSIBLE ORGANIZATIONS DNRL and DANU
9. EFFECTIVE DATE August 2, 2021
10. CERTIFICATION DATE August 2, 2026
11. REFERENCES A. Atomic Energy Act (AEA), Section 189a(1)(A)

B. Title 10, Energy, Part 2, of the Code of Federal Regulations (10 CFR Part 50), Agency Rules of Practice and Procedure C. Title 10, Energy, Part 50, of the Code of Federal Regulations (10 CFR Part 50), Domestic Licensing of Production and Utilization Facilities D. Title 10, Energy, Part 52, of the Code of Federal Regulations (10 CFR Part 52), Licenses, Certifications, and Approvals for Nuclear Power Plants.

E. Internal Commission Procedures, Chapter IV (ADAMS Accession No. ML16250A666).

F. SECY-19-0064, Staffs Statement in Support of the Uncontested Hearing for Issuance of an Early Site Permit for the Clinch River Nuclear Site (ADAMS Accession No. ML19107A241)

NRR Office Instruction LIC-217 Page 10 of 10 G. SECY 0136, Staffs Statement in Support of the Uncontested Hearing for Issuance of Combined Licenses for Turkey Point Units 6 and 7 (Docket Nos.52-040 AND 52-041) (ADAMS Accession No. ML17348A656)

H. Draft Early Site Permit (ESP-006) for the Clinch River Nuclear Site (ADAMS Accession No. ML19107A159)

I. Draft Combined Licenses for Turkey Point Units 6 & 7 (ADAMS Accession Nos.

ML16302A259 and ML16302A270)

J. Draft Summary Record of Decision for the Clinch River ESP (ADAMS Accession No. ML19070A028 K. Draft Summary Record of Decision for Turkey Point Units 6 & 7 COLs (ADAMS Accession No. ML16312A403)

L. Indemnity Agreement, as amended, for Turkey Point Units 6 & 7 COLs (ADAMS Accession No. ML19274D139)

Enclosures:

1. Guide for Preparation and Participation on Part 50 and Part 52 Commission-Conducted Mandatory Hearings
2. Timeline for Mandatory Hearing Activities
3. Appendix A - Change History

ENCLOSURE 1 Guide to Preparation for and Participation in Part 50 and Part 52 Commission-Conducted6 Mandatory Hearings INTRODUCTION This guide provides staff in the U.S. Nuclear Regulatory Commissions (NRCs) Office of Nuclear Reactor Regulation (NRR) with a basic framework and process to follow for preparing for and participating in Part 50 and Part 52 mandatory hearings for construction permits, COLs, and ESPs. The guide is for use by project managers (PMs), technical staff, and their respective management teams. Additionally, this guide is intended for use by NRC staff in other offices who are supporting NRR Part 50 and Part 52 application reviews (e.g., emergency plan review, environmental review, etc.).

While this guide is intended to be comprehensive, there may be some unique circumstances that may not be covered in this guidance, and any consideration of flexibility should be coordinated with OGC.

Process Overview The Part 50 and Part 52 mandatory hearing process is described in detail in the following sections:

Section 1.0 - Planning and Preparations for a Commission-Conducted Mandatory Hearing Section 2.0 - Commission-Conducted Mandatory Hearing Section 3.0 - Mandatory Post-Hearing Activities Section 4.0 - Commission or ASLB Decision and Issuance of Construction Permit, COL, or ESP 1.0 Planning and Preparations for a Commission-Conducted Mandatory Hearing A mandatory hearing is usually conducted in a single day (although multi-day hearings are possible),

but it requires a significant amount of planning and preparations on the part of NRC staff, management, and OGC. A sequential list and corresponding time intervals for planning and execution of the various tasks that need to be accomplished prior to a Commission-conducted mandatory hearing, as well as thereafter are provided in Enclosure 2 - Timeline for Mandatory Hearing Activities. Any coordination between NRC and applicants should be restricted to discussion of hearing scheduling and procedural matters. Advance communication with SECY, about seven months prior to the expected completion of the staffs safety and environmental reviews (FSER and 6 For ASLB-conducted mandatory hearings, there is no generally established schedule and the Commission has said that licensing boards have considerable flexibility regarding the procedures to be used for mandatory hearings, with the expectation that the ASLB will select the most appropriate and expeditious approach given the specific circumstances of a case (see Exelon Generation Co. (Early Site Permit for Clinton ESP Site), CLI-05-17, 62 NRC 5, 42-43 (2005)). As such, although much of the guidance in and Enclosure 2 are useful for preparation for and participation in ASLB-conducted mandatory hearings, staff should plan and prepare for those mandatory hearings in accordance with specific Board orders.

FEIS), is important for supporting scheduling of a Commission-conducted mandatory hearing.

The timing of a mandatory hearing is dependent on the public issuance of both the staffs Final Safety Evaluation Report (FSER) and Final Environmental Impact Statement (FEIS). These two documents are rarely issued concurrently, but for a Commission-conducted mandatory hearing, the staff issues a SECY Information Paper to the Commission within 7 days following the issuance of the later of the two. The SECY Information Paper is one of several pre-filed documents provided to the Commission, and what needs to be addressed in this Information Paper is outlined in Chapter IV, pages 11 and 12 of the Internal Commission Procedures (ADAMS Accession No. ML16250A666).

SECY-19-0064 (ADAMS Accession No. ML19107A241), prepared for the Clinch River ESP mandatory hearing, and SECY-16-0136 (ADAMS Accession No. ML17348A656), prepared for Turkey Point Unit 6 & 7 COLs are good examples of the level of detail and contents needed for the information paper. Planning for and drafting of the SECY Information Paper should begin approximately 160 days prior to the issuance of the FSER or FEIS (whichever is later), and the issues to be addressed in the SECY paper need to be identified and concurred on at this early stage, if practicable. The SECY Information Paper is also prepared semi-concurrently with the draft license and draft Summary Record of Decision (ROD), both of which are referenced in the Commission paper. The contents of the SECY Information Paper support the subsequent development by the Commission of a scheduling note (which serves as the hearings agenda), identification of presenters and witnesses, and the development of draft slides and testimony for the hearing. Those tasks should be started more than 3 months prior to the issuance of the Commission paper.

Approximately 17 days after staff submits the SECY Information Paper to the Commission, the Secretary of the Commission will issue an order containing the Commissions prehearing questions to the NRC staff and applicant. Preparing and finalizing the responses to the pre-hearing questions directed to NRC staff is a collaborative effort by technical staff, PMs, BCs, management, and OGC.

This is a time-intensive effort that must be completed in less than 14 days. The staff responses to Commission questions and witness lists are generally due to the Commission 21 days before the mandatory hearing (the order posing the questions will specify the due date for responses), though staff may submit pre-filed testimony of its planned individual witnesses as late as 5 days in advance of the hearing; other filing deadlines will depend upon the Commissions direction in the case-specific scheduling order.

Other preparations by NRC staff should include several dry run presentations of mandatory hearing testimony in a mock hearing setting to give staff the opportunity to refine their presentations and practice responding to potential questions. It is recommended that these practice sessions be spread out over a couple months and be completed one week prior to the mandatory hearing.

Training sessions are also given by OGC to prepare staff on how to address the Commission, how to respond to Commission questions, and how to comport oneself with decorum consistent with the nature of the proceeding.

2.0 Commission-Conducted Mandatory Hearing On the day of the mandatory hearing, it is a best practice for staff to gather with OGC about 45 minutes prior to the beginning of the hearing to take roll call and address any last-minute issues. At the start of the hearing, the Commission will conduct introductory housekeeping matters. Among these, the Chairman generally asks counsel for the staff to identify the staffs witnesses, who are then sworn in collectively by the Chairman. The Commission conducts the proceeding consistent with the scheduling note, and the staff and applicant give their respective presentations and respond to Commission questions. If the Commission asks a question that requires a response from a technical staff member who has not been sworn in, that individual will be sworn in prior to responding to the question. The entire proceeding is usually completed within one day.

3.0 Mandatory Post-Hearing Activities Approximately five days after the mandatory hearing, the transcript of the proceeding is provided to the applicant and staff for review and identification of any corrections, together with an order setting the deadline for submission of proposed corrections. If the Commission has post-hearing questions for either party, approximately seven days after the mandatory hearing, the Secretary of the Commission will issue an order transmitting post-hearing questions. The order transmitting post-hearing questions will include the deadline for responses, which is generally within seven days. Both the corrected transcript and responses to questions are typically due back to the Commission approximately 14 days after the hearing is complete.

4.0 Commission or ASLB Decision and Issuance of Construction Permit, COL, or ESP The Internal Commission Procedures provide that the Commission intends to issue adjudicatory decisions in mandatory hearings no later than 4 months after the FSER and FEIS or EA are both publicly issued. Following a Commission decision authorizing issuance of the permit or license, the NRR Office Director is required to issue the permit or license to the applicant in ten days or less, and the license and the final Summary ROD are signed by the NRR Office Director. If the hearing is conducted by the ASLB, its decision on whether or not to approve an ESP is rendered as an initial decision, which is generally immediately effective upon issuance. The decision becomes the final decision after 120 days, absent any order to the contrary by the Commission. The license should be issued within ten days of the date of the initial decision, and the license and the final Summary ROD are signed by the NRR Office Director.

ENCLOSURE 2 TIMELINE FOR COMMISSION-CONDUCTED MANDATORY HEARING ACTIVITIES The following table is based on internal Commission procedures and it shows the target schedule and timeline for preparing for and participating in Commission-conducted mandatory hearings.

Adjustments to schedule targets will be made to accommodate specific orders from the Commission in a specific proceeding. As noted in footnote 5 in Enclosure 1 of this OI, licensing boards have considerable flexibility regarding the procedures to be used for mandatory hearings and staff should plan activities for ASLB-conducted mandatory hearings in accordance with specific Board orders.

Milestone Notes Schedule (Targets)

Develop list of non-routine issues for Prepared by the safety and 225 days prior to SECY Information Paper for environmental PMs in issuance of FEIS and management and OGC consideration coordination with their BCs FSER Coordination with SECY on Led by safety PM in anticipated issuance dates of the 215 days prior to coordination with FEIS and FSER to support the issuance of FEIS and environmental PM, BCs and Commissions scheduling of a hearing FSER management date (establish a reserve time)

Prepared by safety PM in Preparation and completion of draft 200 to 30 days prior to coordination with license to be referenced in SECY issuance of FEIS and environmental PM, BCs and Information Paper FSER management Obtain management and OGC 200 to 160 days prior to alignment on non-routine issues for issuance of FEIS and SECY Information Paper FSER Preparation and completion of draft 200 to 130 days prior to summary Record of Decision to be Responsibility of the issuance of FEIS and referenced in SECY Information Environmental COE FSER Paper Prepared by safety PM in Preparation and completion of SECY Begin ~160 days prior to coordination with Information Paper for OEDO briefing issuance of FEIS and environmental PM, BCs and and final concurrence FSER management Briefing by Safety PM, OEDO briefing on SECY Information 7 days prior to issuance Environmental PM and Paper of FEIS and FSER Division Management

Milestone Notes Schedule (Targets)

Prepare draft agenda to support Prepared by safety PM in 100 to 80 days prior to development of the scheduling note, coordination with issuance of FEIS and identify presenters, and develop draft environmental PM, BCs and FSER slides and testimony management Staff, management and OGC conduct 80 to 30 days prior to first dry runs of slide presentations issuance of FEIS and and testimony FSER Issuance of both FEIS and FSER Issuance of FEIS and completed (not usually concurrent) FSER completed Within 7 days of public Staff submits Information Paper to Transmitted by OEDO issuance of FSER &

Commission FEIS or EA As soon as practicable Notice of mandatory hearing sent to after staffs Information Federal Register (SECY will send Paper is submitted to the Safety PM FRN to update)

Commission Interested States, local government bodies, or Federally-recognized 36 days before the Indian Tribes file any written mandatory hearing statements Response effort led by Commission issues any pre-hearing safety PM in coordination 34 days before the questions with environmental PM, BCs, mandatory hearing OGC and management Applicant files pre-filed testimony, 21 days before the including witness list and answers to mandatory hearing any pre-hearing questions Staff files witness list and answers to 21 days before the any pre-hearing questions mandatory hearing Staff, management and OGC conduct 20 to 7 days before the final dry runs of slide presentations mandatory hearing and testimony Secretary issues scheduling order 14 days before the and note mandatory hearing 51 days after staffs Information Paper is Mandatory hearing commences submitted to the Commission Secretary issues order requesting 5 days after the hearing proposed transcript corrections is complete Milestone Notes Schedule (Targets)

Secretary issues order with post- 7 days after the hearing hearing questions is complete Staff and applicant file transcript 14 days after hearing is corrections and responses to any complete follow-up questions Prepare final license (same as draft Prepared by safety PM in license unless revised by 14 to 20 days after coordination with Commission) as new package in mandatory hearing environmental PM ADAMS Final summary ROD, FRN, Staff prepare all other documents indemnity agreement (if 20 to 28 days after associated with issuance of license applicable), and transmittal mandatory hearing letter to licensee Secretary issues order adopting 30 days after the hearing proposed transcript corrections and is complete closing the record Commission holds affirmation session 4 months after FSER &

and issues mandatory hearing FEIS or EA are both decision publicly issued Staff issues construction permit or Within 10 days of the license for COL or ESP (if Commission decision Commission approves) to applicant Appendix A - Change History Office Instruction LIC-217 NRR Support for the Part 50 and Part 52 Mandatory Hearing Process NRR-LIC-217 - Change History Date Description of Changes Method Used Training to Announce

& Distribute 07/27/2021 This is the initial issuance of LIC-217, E-mail to all None NRR Support for the Part 50 and Part NRR Staff 52 Mandatory Hearing Process it provides NRR staff with guidance on preparation for and effective participation in mandatory hearings for permits and licenses under 10 CFR Parts 50 or 52.

Enclosure 3

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