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
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 FROM:
Christopher M. Regan 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 September 21, 2023 Signed by Regan, Christopher on 09/21/23
ML23243A977 OFFICE NMSS/REFS/ENRB NMSS/REFS/ENRB NMSS/REFS/
ENRB NMSS/REFS 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
Enclosure 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.
2 Description of Elevation Process Next Actions Individual responsible for notifying senior official Senior official to be notified If the PM identifies a delay that will affect a milestone that is more than 60 calendar days away and is expected to delay the milestone by fewer than 30 calendar days, raise the issue to the cognizant Branch Chief (immediate supervisor) and Division Director.
PM, with Division Director assistance, coordinates with cooperating agencies, and the project sponsor if appropriate, to resolve the issue or reduce or eliminate the delay.
PM Branch Supervisor and Division Management If the PM identifies a delay that will affect a milestone that is less than 60 days away, and/or is expected to delay the milestone by 30 calendar days or more, raise the issue to the affected Branch Chief, Division Director and CERPO; and inform Office Director and Council Member of steps being taken.
Division Director and CERPO coordinate with CERPO(s) at the cooperating agency(ies),
and the project sponsor if appropriate, to resolve the issue or reduce or eliminate the delay.
PM Branch Supervisor, Division Management, CERPO, and Council Member If an issue that has been raised to the CERPO, and the Council Member and Office Director are informed, has not been resolved by 30 calendar days after the milestone date or extension date, raise the issue to the Council Member for action.
The Council Member will work with counterparts at the cooperating agencies, and the project sponsor if appropriate, to resolve the issue or reduce or eliminate the delay.
CERPO Office Director, CERPO, and Council Member For any of the above items, if the CERPO determines that resolution with the other parties cannot be reached, request action by the Council Member.
The Council Member works with counterparts in the cooperating agencies to resolve any disputes that could not be resolved at a lower level.
CERPO Council Member