View source for L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses

{{Adams
| number = ML20195F849
| issue date = 10/28/1998
| title = Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses
| author name = Kundalkar R
| author affiliation = FLORIDA POWER &amp; LIGHT CO.
| addressee name = 
| addressee affiliation = NRC OFFICE OF ADMINISTRATION (ADM)
| docket = 05000250, 05000251, 05000335, 05000389
| license number = 
| contact person = 
| case reference number = FRN-63FR42644, RTR-REGGD-XX.XXX, TASK-*****, TASK-RE
| document report number = 63FR42644-00009, 63FR42644-9, L-98-272, NUDOCS 9811200105
| document type = LEGAL TRANSCRIPTS &amp; ORDERS &amp; PLEADINGS, PUBLIC COMMENTS ON PROPOSED RULES &amp; PETITIONS FOR
| page count = 2
| project = 
| stage = Draft Other
}}

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                                                                                            'oct 2 81998        p Rules and Directives' Branch
            ' Office of Administration -
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

==Subject:==
Florida Power & Light Company Comments                                                            l Draft Regulatory Guide DG-4005                                                                    I Preparation of Supplemental Environmental Reports for Applications to Renew Nuclear Power Plant Operating Licenses Florida Power & Light Company (FPL), the licensee for the St. Lucie Nuclear Plant, Units                    l 1 and 2, and the Turkey Point Nuclear Plant, Units 3 and 4, hereby submits the following comments                   j
             'on the above-referenced Draft Regulatory Guide. In this regard, FPL endorses the comments of the Nuclear Energy Institute (NEI) on the Draft Regulatory Guide.
FPL has indicated its intent to prepare a license renewal application for the Turkey Point Nuclear Plant, Units 3 and 4 in a letter to the Commission dated June 26,1998.- A key factor that will influence FPL 's decision whether to file a license enewal application for Turkey Point is the
: stability, predictability, and efficiency et the Commis,sion's environmental review process in
             . connection with license renewal applications. In this regard, FPL wishes to emphasize two important comments made by NEI that should be considered by NRC before issuance of the final Regulatory Guide.
                                                                                                              ~
First, NRC should reconsider its proposed approach for evaluating severe accident mitigation -
l alternatives (SAMAs). As discussed in the NEI comments, FPL does not believe that consideration
             . of SAMAs as proposed in the Draft Regulatory Guide is consistent withjudicial precedent under the National Environmental Policy Act (NEPA).
t Second, there is no legal authority for NRC to conduct "environmentaljustice" evaluations in connection with license renewal applications. As explained in the NEl comments, President
            - Clinton's Executive Order 12898," Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations," is not binding on independent agencies such as NRC.
Even assuming that the Executive Order is binding on the agency, the terms of the order direct an environmentaljustice evaluation "when such analysis is required by" NEP A. No provision in NEPA authorizes agencies to review siting criteria for racial motivation. Therefore, NRC should not
: conduct environmental justice evaluations in connection with license renewal, and Section 4.22 should be deleted in its enti. ety from the Regulatory Guide.
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L                                                                                                             l FPL appreciates the opportunity to comment on the Draft Regulatory Guide.
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Very truly yours, Rajiv S.
                                 'iv5.
undalkar
                 - Vice President                                                                             i Nuclear Engineering l.
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