ML23243A977
| ML23243A977 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/2023 |
| From: | Christopher Regan NRC/NMSS/DREFS |
| To: | Scott(Ois) Morris NRC/EDO |
| References | |
| Download: ML23243A977 (4) | |
Text
September 21, 2023 MEMORANDUM TO: Scott Morris, Federal Permitting Improvement Steering Council Member Deputy Executive Director for Reactor and Preparedness Programs Office of the Executive Director for Operations Signed by Regan, Christopher FROM: Christopher M. Regan on 09/21/23 Chief Environmental Review Permitting Officer Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards
SUBJECT:
THE U.S. NUCLEAR REGULATORY COMMISSION
SUMMARY
OF THE ELEVATION PROCESS IN RESPONSE TO THE ADMINISTRATIONS PERMITTING ACTION PLAN FOR ENVIRONMENTAL PERMITTING REVIEWS Consistent with the Administrations Permitting Action Plan released on May 11, 2022, this memorandum provides a summary of the U.S. Nuclear Regulatory Commissions elevation process to utilize when one or more milestones of the environmental review and authorization process is anticipated to be missed or needs to be extended for Construction Permit (Title 10 of the Code of Federal Regulations (10 CFR) Part 50), Combined License (10 CFR 52) or fuel cycle facility (10 CFR 40 and 10 CFR 70) applications. If you have any questions, please contact Kenneth Erwin or Christopher Regan at the numbers below.
Enclosure:
Elevation Procedures for Environmental Reviews CONTACTS: Kenneth Erwin, NMSS/REFS 301-415-7559 Christopher Regan, NMSS/REFS 301-415-2768
ML23243A977 NMSS/REFS/
OFFICE NMSS/REFS/ENRB NMSS/REFS/ENRB NMSS/REFS ENRB NAME MNagel ASmith-Walker KErwin CRegan DATE 08/31/2023 09/05/2023 09/05/2023 09/07/2023 OFFICE OGC NMSS/DRMA/OMT NMSS/OD NMSS/REFS NAME TSteinfeldt M. Pringle JLubinski CRegan DATE 09/08/2023 09/11/2023 09/15/2023 09/18/2023 Process for Addressing and Elevating Environmental Permitting Schedule Challenges U.S. Nuclear Regulatory Commissions Elevation Process Procedure Quarter 1 Fiscal Year 2024 Released on May 11, 2022, the Administrations Permitting Action Plan directs agencies to develop an elevation procedure detailing how to report on and resolve schedule challenges for infrastructure projects listed on the Federal Permitting Dashboard, https://www.permits.performance.gov/projects. This elevation procedure is intended to be used when it is anticipated that one or more infrastructure project milestones will be missed or need to be extended, creating a delay of more than 30 calendar days from the final target completion date of the relevant agency action.
The U.S. Nuclear Regulatory Commission (NRC) used internal best practices and procedures to ensure consistency with existing agency statutes, guidance, and protocols in developing this procedure. The elevation procedure reports the roles of senior management who would be contacted at each phase of the elevation procedure, as well as the individuals who would be relaying this information. The NRC has established these procedures, roles, and responsibilities to elevate the schedule challenges to the NRCs Chief Environmental Review and Permitting Officer (CERPO) as soon as possible when the project manager (PM), with assistance from the affected Branch and Division Management, cannot obtain agreement from all cooperating agencies regarding the original permitting timetable. The CERPO will then work with counterparts in the cooperating agencies to resolve any disputes regarding the permitting timetable and inform the NRCs Federal Permitting Improvement Steering Council Member (Council Member). The procedure includes the timeframe after a missed deadline when senior officials, including the Council Member, will be contacted, and requested to take action, as well as a description of next steps to be taken. This will minimize further schedule delays.
It is also expected that the PM, in consultation with the NRC staff, will monitor the projects progress versus the schedule in the permitting timetable. The PM will identify issues or disputes that might delay the schedule at the earliest date possible. If the PM identifies any issues or disputes that could delay milestones in the permitting timetable, the PM will work with the points of contact at the cooperating agencies, and the project sponsor if appropriate, to resolve the issue or reduce or eliminate the delay. The process is summarized in the following table.
Enclosure
Individual Description of Elevation responsible for Senior official Next Actions Process notifying senior to be notified official If the PM identifies a delay that PM, with Division Director PM Branch will affect a milestone that is assistance, coordinates Supervisor and more than 60 calendar days with cooperating agencies, Division away and is expected to delay and the project sponsor if Management the milestone by fewer than 30 appropriate, to resolve the calendar days, raise the issue to issue or reduce or the cognizant Branch Chief eliminate the delay.
(immediate supervisor) and Division Director.
If the PM identifies a delay that Division Director and PM Branch will affect a milestone that is less CERPO coordinate with Supervisor, than 60 days away, and/or is CERPO(s) at the Division expected to delay the milestone cooperating agency(ies), Management, by 30 calendar days or more, and the project sponsor if CERPO, and raise the issue to the affected appropriate, to resolve the Council Branch Chief, Division Director issue or reduce or Member and CERPO; and inform Office eliminate the delay.
Director and Council Member of steps being taken.
If an issue that has been raised The Council Member will CERPO Office Director, to the CERPO, and the Council work with counterparts at CERPO, and Member and Office Director are the cooperating agencies, Council informed, has not been resolved and the project sponsor if Member by 30 calendar days after the appropriate, to resolve the milestone date or extension date, issue or reduce or raise the issue to the Council eliminate the delay.
Member for action.
For any of the above items, if the The Council Member works CERPO Council CERPO determines that with counterparts in the Member resolution with the other parties cooperating agencies to cannot be reached, request resolve any disputes that action by the Council Member. could not be resolved at a lower level.
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