ML25168A002
| ML25168A002 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/2025 |
| From: | David Wright NRC/Chairman |
| To: | Clark J US Executive Office of the President, Office of Mgmt & Budget (OMB) |
| Shared Package | |
| ML25057A467 | List: |
| References | |
| CORR-25-0039, SRM-LTR-25-0095, EO 14219 | |
| Download: ML25168A002 (1) | |
Text
(i) Unconstitutional (ii) Unlawful Delegations (iii) Lack Best Reading (iv) Lack Clear Statutory Authority (v) Costs v. Public Benefits (vi) National Interest Impediments (vii) Small Business/Private Enterprise Burdens Other NRC N/A 10 CFR 51.22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review This rule addresses the preparation of environmental assessments for NRC actions by licensees, and lists specific categorical exclusions for licensing, regulatory, and administrative actions that individually or cumulatively do not have a significant effect on the human environment.
Regulation imposes significant costs not outweighed by public benefits.
N/A N/A N/A N/A Yes N/A N/A N/A NRC plans to amend this regulation in a final rule (3150-AK54), subject to Commission approval, to expand the number of actions that qualify for categorical exclusions. The amendments would result in a reduction in unnecessary costs on the NRC and applicants by reducing the number of activities that would require preparation of environmental assessments. This change could accrue savings to the NRC and industry via averted cost, which could be up to (7% NPV) of $815,600.
NRC N/A 10 CFR 51.20(b), Criteria for and identification of licensing and regulatory actions requiring environmental impact statements.
This rule requires preparation of an environmental impact statement (EIS) for listed licensing actions, including new power reactors.
Regulation imposes significant costs not outweighed by public benefits.
N/A N/A N/A N/A Yes N/A N/A The NRC is currently using exemptions to prepare EAs instead of EISs where appropriate despite this requirement. This regulation will be modified as part of a rulemaking effort to implement the Fiscal Responsibility Act of 2023 amendments to the National Environmental Policy Act. The NRC expects to begin developing this rulemaking in Q4 FY25 that will result in a reduction of unnecessary costs by eliminating the requirement, when permitted by law, to prepare an EIS for certain licensing actions where an EA or categorical exclusion could satisfy NEPA.
https://www.ecfr.gov/current/title-10/part-51/section-51.20#p-51.20(b)
NRC N/A 10 CFR 50.54(q), Emergency plans This regulation requires nuclear power plant licenses to meet certain requirements in order to amend their emergency preparedness plans, which results in licensees transitioning to decommissioning (and, thus, posing less radiological risk than an operating nuclear power reactor) having to request exemptions from emergency preparedness requirements and amendments to make changes to emergency plans. This causes licensees to incur costs due to an inefficient regulatory framework.
Regulation imposes significant costs not outweighed by public benefits.
N/A N/A N/A N/A Yes N/A N/A N/A The NRC plans to amend this requirement in a final rule (3150-AJ59), subject to Commission approval, to reduce unnecessary costs on the NRC's licensees by providing an efficient regulatory framework for nuclear power reactor licensees to amend their emergency plans when transitioning to decommissioning. This change could accrue savings to the NRC and industry via averted costs, which could be up to $2,708,000 (7% NPV).
NRC N/A 10 CFR 73.55(b)(9), Insider Mitigation Programs This regulation requires nuclear power plant licensees to have a fitness for duty (FFD) program during operations and an insider mitigation program (IMP) during operations and decommissioning. The regulation requires these IMPs to contain elements from the FFD program described in 10 CFR Part 26.
However, the regulation does not identify which FFD program elements must be included in the IMP during decommissioning, which creates inefficiencies and imposes additional burden.
Regulation imposes significant costs not outweighed by public benefits.
N/A N/A N/A N/A Yes N/A N/A N/A The NRC plans to amend and clarify this requirement in a final rule (3150-AJ59), subject to Commission approval, that will reduce unnecessary costs on the NRC's licensees by clarifying the applicable requirements for nuclear power reactors transitioning to decommissioning. This change could accrue savings to the NRC and industry via averted cost, which could be up to $511,000 (7% NPV).
NRC N/A 10 CFR 50.72(b).
The regulation requires nonemergency event reporting requirements for new and existing power reactors.
Regulation imposes significant costs not outweighed by public benefits.
N/A N/A N/A N/A Yes N/A N/A N/A If approved by the Commission, this regulation (3150-AK71) would be modified to reduce the number of nonemergency event notifications that licensees must submit to only those that are needed for plant safety or appropriate awareness. This action would reduce unnecessary reporting. The changes in this rulemaking could accrue savings to the NRC and industry via averted costs, the total of which could be up to $3,664,000 (7%
NPV).
NRC N/A 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, appendices A, D, E, F, and G NRCs regulations set a 15-year duration for nuclear power plant design certifications. In establishing the 15-year duration for design certifications in 1989, the NRC expected that safety and security insights from actual operating experience could be factored into applications for and review of design certification renewals. Experience has shown that 15 years is not sufficient for that purpose.
Regulation imposes significant costs not outweighed by public benefits.
N/A N/A N/A N/A Yes N/A N/A N/A NRC plans to amend these requirements using the direct final rule process (3150-AL26) to extend the design certification period to 40 years. This action will result in a reduction in unnecessary costs on the NRC's licensees by reducing the number of renewal applications licensees would need to compose and submit. The 40-year duration would apply to design certifications currently in effect as well as future design certification applications. The direct final rule is currently under OIRA review.
Link Notes Agency Subagency Regulation Title RIN Description EO 14219 Justification EO 14219 Category