ML20259A391
| ML20259A391 | |
| Person / Time | |
|---|---|
| Issue date: | 09/14/2020 |
| From: | Andrew Averbach, Grant E, Heminger J, Eric Michel, Marian Zobler NRC/OGC, US Dept of Justice, Environment & Natural Resources Div |
| To: | US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1861341, 20-1026 | |
| Download: ML20259A391 (60) | |
Text
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 1 of 60 ORAL ARGUMENT NOT YET SCHEDULED No. 20-1026 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT FRIENDS OF THE EARTH, NATURAL RESOURCES DEFENSE COUNCIL, INC., and MIAMI WATERKEEPER, Petitioners, v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and THE UNITED STATES OF AMERICA, Respondents, and FLORIDA POWER & LIGHT CO.
Intervenor.
On Petition for Review of Orders of the United States Nuclear Regulatory Commission ADDENDUM OF STATUTES AND REGULATIONS TO BRIEF OF FEDERAL RESPONDENTS JONATHAN D. BRIGHTBILL MARIAN L. ZOBLER Principal Deputy Assistant General Counsel Attorney General ANDREW P. AVERBACH ERIC GRANT Solicitor Deputy Assistant Attorney General ERIC V. MICHEL JUSTIN D. HEMINGER Senior Attorney ERIKA KRANZ Office of the General Counsel Attorneys U.S. Nuclear Regulatory Commission Environment and Natural Resources 11555 Rockville Pike Division Rockville, MD 20852 U.S. Department of Justice (301) 415-0932 Post Office Box 7415 eric.michel2@nrc.gov Washington, D.C. 20044 (202) 307-6105 erika.kranz@usdoj.gov September 14, 2020
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 2 of 60 TABLE OF CONTENTS Statutes Cited:
5 U.S.C. § 551..........................................................................................................1a 5 U.S.C. § 704..........................................................................................................1a 28 U.S.C. § 2342......................................................................................................2a 42 U.S.C. § 2133......................................................................................................2a 42 U.S.C. § 2239......................................................................................................4a 42 U.S.C. § 2241......................................................................................................5a 42 U.S.C. § 4332......................................................................................................6a 42 U.S.C. § 5841......................................................................................................7a Regulations Cited 10 C.F.R. § 2.309.....................................................................................................8a 10 C.F.R. § 2.310...................................................................................................11a 10 C.F.R. § 2.311...................................................................................................12a 10 C.F.R. § 2.335...................................................................................................13a 10 C.F.R. § 2.340...................................................................................................15a 10 C.F.R. § 2.341...................................................................................................16a 10 C.F.R. § 51.14...................................................................................................19a 10 C.F.R. § 51.20...................................................................................................19a 10 C.F.R. § 51.45...................................................................................................19a 10 C.F.R. § 51.53...................................................................................................22a 10 C.F.R. § 51.71...................................................................................................25a 10 C.F.R. § 51.73...................................................................................................27a 10 C.F.R. § 51.91...................................................................................................27a i
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 3 of 60 10 C.F.R. § 51.95...................................................................................................28a 10 C.F.R. § 51.102.................................................................................................30a 10 C.F.R. § 51.103.................................................................................................30a 10 C.F.R. Part 51, Appendix B to Subpart A, Table B-1...................................................................................31a 10 C.F.R. § 54.23...................................................................................................56a 10 C.F.R. § 54.29...................................................................................................56a 10 C.F.R. § 54.31...................................................................................................57a ii
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 4 of 60 5 U.S.C. § 551 (excerpted)
Definitions For the purpose of this subchapter (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; (7) "adjudication" means agency process for the formulation of an order; (8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; 5 U.S.C. § 704 Actions reviewable Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action.
Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.
1a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 5 of 60 28 U.S.C. § 2342 Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of (1) all final orders of the Federal Communication Commission made reviewable by section 402(a) of title 47; (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101-56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305, 41304, 41308, or 41309 or chapter 421 or 441 of title 46; (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42; (5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by section 2321 of this title; (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in section 20114(c) of title 49.
Jurisdiction is invoked by filing a petition as provided by section 2344 of this title.
42 U.S.C. § 2133 Commercial licenses (a) Conditions The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to section 2153 of this title, utilization or 2a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 6 of 60 production facilities for industrial or commercial purposes. Such licenses shall be issued in accordance with the provisions of subchapter XV and subject to such conditions as the Commission may by rule or regulation establish to effectuate the purposes and provisions of this chapter.
(b) Nonexclusive basis The Commission shall issue such licenses on a nonexclusive basis to persons applying therefor (1) whose proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized; (2) who are equipped to observe and who agree to observe such safety standards to protect health and to minimize danger to life or property as the Commission may by rule establish; and (3) who agree to make available to the Commission such technical information and data concerning activities under such licenses as the Commission may determine necessary to promote the common defense and security and to protect the health and safety of the public. All such information may be used by the Commission only for the purposes of the common defense and security and to protect the health and safety of the public.
(c) License period Each such license shall be issued for a specified period, as determined by the Commission, depending on the type of activity to be licensed, but not exceeding forty years from the authorization to commence operations, and may be renewed upon the expiration of such period.
(d) Limitations No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 2153 of this title, or except under the provisions of section 2139 of this title. No license may be issued to an alien or any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public.
3a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 7 of 60 (f) Accident notification condition; license revocation; license amendment to include condition Each license issued for a utilization facility under this section or section 2134(b) of this title shall require as a condition thereof that in case of any accident which could result in an unplanned release of quantities of fission products in excess of allowable limits for normal operation established by the Commission, the licensee shall immediately so notify the Commission.
Violation of the condition prescribed by this subsection may, in the Commission's discretion, constitute grounds for license revocation. In accordance with section 2237 of this title, the Commission shall promptly amend each license for a utilization facility issued under this section or section 2134(b) of this title which is in effect on June 30, 1980, to include the provisions required under this subsection.
42 U.S.C. § 2239 (excerpted)
Hearings and judicial review (a)(1)(A) In any proceeding under this chapter, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of compensation, an award or royalties under sections 1 2183, 2187, 2236(c) or 2238 of this title, the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. The Commission shall hold a hearing after thirty days' notice and publication once in the Federal Register, on each application under section 2133 or 2134(b) of this title for a construction permit for a facility, and on any application under section 2134(c) of this title for a construction permit for a testing facility. In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days' notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days' notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.
4a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 8 of 60 (b) The following Commission actions shall be subject to judicial review in the manner prescribed in chapter 158 of title 28 and chapter 7 of title 5:
(1) Any final order entered in any proceeding of the kind specified in subsection (a).
(2) Any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license.
(3) Any final order establishing by regulation standards to govern the Department of Energy's gaseous diffusion uranium enrichment plants, including any such facilities leased to a corporation established under the USEC Privatization Act [42 U.S.C. 2297h et seq.].
(4) Any final determination under section 2297f(c) of this title relating to whether the gaseous diffusion plants, including any such facilities leased to a corporation established under the USEC Privatization Act [42 U.S.C.
2297h et seq.], are in compliance with the Commission's standards governing the gaseous diffusion plants and all applicable laws.
42 U.S.C. § 2241 Atomic safety and licensing boards; establishment; membership; functions; compensation (a) Notwithstanding the provisions of sections 556(b) and 557(b) of title 5, the Commission is authorized to establish one or more atomic safety and licensing boards, each comprised of three members, one of whom shall be qualified in the conduct of administrative proceedings and two of whom shall have such technical or other qualifications as the Commission deems appropriate to the issues to be decided, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this chapter, any other provision of law, or any regulation of the Commission issued thereunder. The Commission may delegate to a board such other regulatory functions as the Commission deems appropriate. The Commission may appoint a panel of qualified persons from which board members may be selected.
(b) Board members may be appointed by the Commission from private life, or designated from the staff of the Commission or other Federal agency.
Board members appointed from private life shall receive a per diem compensation for each day spent in meetings or conferences, and all 5a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 9 of 60 members shall receive their necessary traveling or other expenses while engaged in the work of a board. The provisions of section 2203 of this title shall be applicable to board members appointed from private life.
42 U.S.C. § 4332 (excerpted)
Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts The Congress authorizes and directs that, to the fullest extent possible:
(1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall (A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment; (B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by subchapter II of this chapter, which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations; (C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on (i) the environmental impact of the proposed action, (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented, (iii) alternatives to the proposed action, (iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and 6a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 10 of 60 (v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
42 U.S.C. § 5841 Establishment and transfers (a) Composition; Chairman; Acting Chairman; quorum; official spokesman; seal; functions of Chairman and Commission (1) There is established an independent regulatory commission to be known as the Nuclear Regulatory Commission which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present.
Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have an official seal which shall be judicially noticed.
(f) Transfer of licensing and regulatory functions of Atomic Energy Commission There are hereby transferred to the Commission all the licensing and related regulatory functions of the Atomic Energy Commission, the Chairman and members of the Commission, the General Counsel, and other officers and components of the Commissionwhich functions officers, components, and 7a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 11 of 60 personnel are excepted from the transfer to the Administrator by section 5814(c) of this title.
10 C.F.R. § 2.309 (excerpted)
Hearing requests, petitions to intervene, requirements for standing, and contentions.
(a) General requirements. Any person whose interest may be affected by a proceeding and who desires to participate as a party must file a written request for hearing and a specification of the contentions which the person seeks to have litigated in the hearing. In a proceeding under 10 CFR 52.103, the Commission, acting as the presiding officer, will grant the request if it determines that the requestor has standing under the provisions of paragraph (d) of this section and has proposed at least one admissible contention that meets the requirements of paragraph (f) of this section. For all other proceedings, except as provided in paragraph (e) of this section, the Commission, presiding officer, or the Atomic Safety and Licensing Board designated to rule on the request for hearing and/or petition for leave to intervene, will grant the request/petition if it determines that the requestor/petitioner has standing under the provisions of paragraph (d) of this section and has proposed at least one admissible contention that meets the requirements of paragraph (f) of this section. In ruling on the request for hearing/petition to intervene submitted by petitioners seeking to intervene in the proceeding on the HLW repository, the Commission, the presiding officer, or the Atomic Safety and Licensing Board shall also consider any failure of the petitioner to participate as a potential party in the pre-license application phase under subpart J of this part in addition to the factors in paragraph (d) of this section. If a request for hearing or petition to intervene is filed in response to any notice of hearing or opportunity for hearing, the applicant/licensee shall be deemed to be a party.
(c) Filings after the deadline; submission of hearing request, intervention petition, or motion for leave to file new or amended contentions (1) Determination by presiding officer. Hearing requests, intervention petitions, and motions for leave to file new or amended contentions filed after the deadline in paragraph (b) of this section will not be entertained 8a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 12 of 60 absent a determination by the presiding officer that a participant has demonstrated good cause by showing that:
(i) The information upon which the filing is based was not previously available; (ii) The information upon which the filing is based is materially different from information previously available; and (iii) The filing has been submitted in a timely fashion based on the availability of the subsequent information.
(2) Applicability of §§ 2.307 and 2.323.
(i) Section 2.307 applies to requests to change a filing deadline (requested before or after that deadline has passed) based on reasons not related to the substance of the filing.
(ii) Section 2.323 does not apply to hearing requests, intervention petitions, or motions for leave to file new or amended contentions filed after the deadline in paragraph (b) of this section.
(3) New petitioner. A hearing request or intervention petition filed after the deadline in paragraph (b) of this section must include a specification of contentions if the petitioner seeks admission as a party, and must also demonstrate that the petitioner meets the applicable standing and contention admissibility requirements in paragraphs (d) and (f) of this section.
(4) Party or participant. A new or amended contention filed by a party or participant to the proceeding must also meet the applicable contention admissibility requirements in paragraph (f) of this section. If the party or participant has already satisfied the requirements for standing under paragraph (d) of this section in the same proceeding in which the new or amended contentions are filed, it does not need to do so again.
(d) Standing.
(1) General requirements. A request for hearing or petition for leave to intervene must state:
(i) The name, address and telephone number of the requestor or petitioner; (ii) The nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (iii) The nature and extent of the requestor's/petitioner's property, financial or other interest in the proceeding; and (iv) The possible effect of any decision or order that may be issued in the proceeding on the requestor's/petitioner's interest.
(2) Rulings. In ruling on a request for hearing or petition for leave to intervene, the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on such requests must determine, among 9a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 13 of 60 other things, whether the petitioner has an interest affected by the proceeding considering the factors enumerated in paragraph (d)(1) of this section.
(f) Contentions.
(1) A request for hearing or petition for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must:
(i) Provide a specific statement of the issue of law or fact to be raised or controverted, provided further, that the issue of law or fact to be raised in a request for hearing under 10 CFR 52.103(b) must be directed at demonstrating that one or more of the acceptance criteria in the combined license have not been, or will not be met, and that the specific operational consequences of nonconformance would be contrary to providing reasonable assurance of adequate protection of the public health and safety; (ii) Provide a brief explanation of the basis for the contention; (iii) Demonstrate that the issue raised in the contention is within the scope of the proceeding; (iv) Demonstrate that the issue raised in the contention is material to the findings the NRC must make to support the action that is involved in the proceeding; (v) Provide a concise statement of the alleged facts or expert opinions which support the requestor's/petitioner's position on the issue and on which the petitioner intends to rely at hearing, together with references to the specific sources and documents on which the requestor/petitioner intends to rely to support its position on the issue; (vi) In a proceeding other than one under 10 CFR 52.103, provide sufficient information to show that a genuine dispute exists with the applicant/licensee on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant's environmental report and safety report) that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the petitioner's belief 10a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 14 of 60 (2) Contentions must be based on documents or other information available at the time the petition is to be filed, such as the application, supporting safety analysis report, environmental report or other supporting document filed by an applicant or licensee, or otherwise available to a petitioner. On issues arising under the National Environmental Policy Act, participants shall file contentions based on the applicant's environmental report.
Participants may file new or amended environmental contentions after the deadline in paragraph (b) of this section (e.g., based on a draft or final NRC environmental impact statement, environmental assessment, or any supplements to these documents) if the contention complies with the requirements in paragraph (c) of this section.
(3) If two or more requestors/petitioners seek to co-sponsor a contention, the requestors/petitioners shall jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the requestors/petitioners with respect to that contention.
10 C.F.R. § 2.310 (excerpted)
Selection of hearing procedures Upon a determination that a request for hearing/petition to intervene should be granted and a hearing held, the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the request/petition will determine and identify the specific hearing procedures to be used for the proceeding as follows (a) Except as determined through the application of paragraphs (b) through (h) of this section, proceedings for the grant, renewal, licensee-initiated amendment, or termination of licenses or permits subject to parts 30, 32 through 36, 39, 40, 50, 52, 54, 55, 61, 70 and 72 of this chapter may be conducted under the procedures of subpart L of this part.
11a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 15 of 60 (d) In proceedings for the grant, renewal, licensee-initiated amendment, or termination of licenses or permits for nuclear power reactors, where the presiding officer by order finds that resolution of the contention or contested matter necessitates resolution of issues of material fact relating to the occurrence of a past activity, where the credibility of an eyewitness may reasonably be expected to be at issue, and/or issues of motive or intent of the party or eyewitness material to the resolution of the contested matter, the hearing for resolution of that contention or contested matter will be conducted under subpart G of this part.
(h) Except as determined through the application of paragraphs (b) through (g) of this section, proceedings for the grant, renewal, licensee-initiated amendment, or termination of licenses or permits subject to parts 30, 32 through 36, 39, 40, 50, 52, 54, 55, 61, 70 and 72 of this chapter, and proceedings on an application for the direct or indirect transfer of control of an NRC license may be conducted under the procedures of subpart N of this part if (1) The hearing itself is expected to take no more than two (2) days to complete; or (2) All parties to the proceeding agree that it should be conducted under the procedures of subpart N of this part.
10 C.F.R. § 2.311 Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedures, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.
(a) An order of the presiding officer, or if a presiding officer has not been designated, of the Chief Administrative Judge, or if he or she is unavailable, of another administrative judge, or of an administrative law judge with jurisdiction under § 2.318(a), may be appealed to the Commission with respect to:
(1) A request for hearing; (2) A petition to intervene; or (3) A request for access to sensitive unclassified non-safeguards information (SUNSI), including, but not limited to, proprietary, confidential commercial, and security-related information, and Safeguards 12a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 16 of 60 Information (SGI). An appeal to the Commission may also be taken from an order of an officer designated to rule on information access issues.
(b) These appeals must be made as specified by the provisions of this section, within 25 days after the service of the order. The appeal must be initiated by the filing of a notice of appeal and accompanying supporting brief. Any party who opposes the appeal may file a brief in opposition to the appeal within 25 days after service of the appeal. The supporting brief and any answer must conform to the requirements of § 2.341(c)(3). No other appeals from rulings on requests for hearing are allowed.
(c) An order denying a petition to intervene, and/or request for hearing, or a request for access to the information described in paragraph (a) of this section, is appealable by the requestor/petitioner on the question as to whether the request and/or petition should have been granted.
(d) An order granting a petition to intervene, and/or request for hearing, or granting a request for access to the information described in paragraph (a) of this section, is appealable by a party other than the requestor/petitioner on the question as to:
(1) Whether the request for hearing or petition to intervene should have been wholly denied; or (2) Whether the request for access to the information described in paragraph (a)(3) of this section should have been denied in whole or in part. However, such a question with respect to SGI may only be appealed by the NRC staff, and such a question with respect to SUNSI may be appealed only by the NRC staff or by a party whose interest independent of the proceeding would be harmed by the release of the information.
(e) An order selecting a hearing procedure may be appealed by any party on the question as to whether the selection of the particular hearing procedures was in clear contravention of the criteria set forth in § 2.310. The appeal must be filed with the Commission no later than ten (10) days after issuance of the order selecting a hearing procedure.
10 C.F.R. § 2.335 Consideration of Commission rules and regulations in adjudicatory proceedings.
(a) Except as provided in paragraphs (b), (c), and (d) of this section, no rule or regulation of the Commission, or any provision thereof, concerning the 13a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 17 of 60 licensing of production and utilization facilities, source material, special nuclear material, or byproduct material, is subject to attack by way of discovery, proof, argument, or other means in any adjudicatory proceeding subject to this part.
(b) A participant to an adjudicatory proceeding subject to this part may petition that the application of a specified Commission rule or regulation or any provision thereof, of the type described in paragraph (a) of this section, be waived or an exception be made for the particular proceeding. The sole ground for petition of waiver or exception is that special circumstances with respect to the subject matter of the particular proceeding are such that the application of the rule or regulation (or a provision of it) would not serve the purposes for which the rule or regulation was adopted. The petition must be accompanied by an affidavit that identifies the specific aspect or aspects of the subject matter of the proceeding as to which the application of the rule or regulation (or provision of it) would not serve the purposes for which the rule or regulation was adopted. The affidavit must state with particularity the special circumstances alleged to justify the waiver or exception requested.
Any other participant may file a response by counter-affidavit or otherwise.
(c) If, on the basis of the petition, affidavit, and any response permitted under paragraph (b) of this section, the presiding officer determines that the petitioning participant has not made a prima facie showing that the application of the specific Commission rule or regulation (or provision thereof) to a particular aspect or aspects of the subject matter of the proceeding would not serve the purposes for which the rule or regulation was adopted and that application of the rule or regulation should be waived or an exception granted, no evidence may be received on that matter and no discovery, cross examination, or argument directed to the matter will be permitted, and the presiding officer may not further consider the matter.
(d) If, on the basis of the petition, affidavit and any response provided for in paragraph (b) of this section, the presiding officer determines that the prima facie showing required by paragraph (b) of this section has been made, the presiding officer shall, before ruling on the petition, certify the matter directly to the Commission (the matter will be certified to the Commission notwithstanding other provisions on certification in this part) for a determination in the matter of whether the application of the Commission rule or regulation or provision thereof to a particular aspect or aspects of the subject matter of the proceeding, in the context of this section, should be 14a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 18 of 60 waived or an exception made. The Commission may, among other things, on the basis of the petition, affidavits, and any response, determine whether the application of the specified rule or regulation (or provision thereof) should be waived or an exception be made. The Commission may direct further proceedings as it considers appropriate to aid its determination.
(e) Whether or not the procedure in paragraph (b) of this section is available, a participant to an initial or renewal licensing proceeding may file a petition for rulemaking under § 2.802.
10 C.F.R. § 2.340 (excerpted)
Initial decision in certain contested proceedings; immediate effectiveness of initial decisions; issuance of authorizations, permits, and licenses.
(a) Initial decisionproduction or utilization facility operating license.
(1) Matters in controversy; presiding officer consideration of matters not put in controversy by parties. In any initial decision in a contested proceeding on an application for an operating license or renewed license (including an amendment to or renewal of an operating license or renewed license) for a production or utilization facility, the presiding officer shall make findings of fact and conclusions of law on the matters put into controversy by the parties and any matter designated by the Commission to be decided by the presiding officer. The presiding officer shall also make findings of fact and conclusions of law on any matter not put into controversy by the parties, but only to the extent that the presiding officer determines that a serious safety, environmental, or common defense and security matter exists, and the Commission approves of an examination of and decision on the matter upon its referral by the presiding officer under, inter alia, the provisions of §§ 2.323 and 2.341.
(2) Presiding officer initial decision and issuance of permit or license.
(i) In a contested proceeding for the initial issuance or renewal of a construction permit, operating license, or renewed license, or the amendment of an operating or renewed license where the NRC has not made a determination of no significant hazards consideration, the Commission or the Director, Office of Nuclear Reactor Regulation, as appropriate, after making the requisite findings, shall issue, deny, or appropriately condition the permit or license in accordance with the presiding officer's initial decision once that decision becomes effective.
(ii) In a contested proceeding for the amendment of a construction permit, operating license, or renewed license where the NRC has made a 15a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 19 of 60 determination of no significant hazards consideration, the Commission or the Director, Office of Nuclear Reactor Regulation, as appropriate (appropriate official), after making the requisite findings and complying with any applicable provisions of § 2.1202(a) or § 2.1403(a), may issue the amendment before the presiding officer's initial decision becomes effective. Once the presiding officer's initial decision becomes effective, the appropriate official shall take action with respect to that amendment in accordance with the initial decision. If the presiding officer's initial decision becomes effective before the appropriate official issues the amendment, then the appropriate official, after making the requisite findings, shall issue, deny, or appropriately condition the amendment in accordance with the presiding officer's initial decision.
10 C.F.R. § 2.341 Review of decisions and actions of a presiding officer (a)(1) Review of decisions and actions of a presiding officer are treated under this section; provided, however, that no party may request further Commission review of a Commission determination to allow a period of interim operation under § 52.103(c) of this chapter. This section does not apply to appeals under § 2.311 or to appeals in the high-level waste proceeding, which are governed by § 2.1015.
(2) Within 120 days after the date of a decision or action by a presiding officer, or within 120 days after a petition for review of the decision or action has been served under paragraph (b) of this section, whichever is greater, the Commission may review the decision or action on its own motion, unless the Commission, in its discretion, extends the time for its review.
(b)(1) Within 25 days after service of a full or partial initial decision by a presiding officer, and within 25 days after service of any other decision or action by a presiding officer with respect to which a petition for review is authorized by this part, a party may file a petition for review with the Commission on the grounds specified in paragraph (b)(4) of this section.
Unless otherwise authorized by law, a party to an NRC proceeding must file a petition for Commission review before seeking judicial review of an agency action.
(2) A petition for review under this paragraph may not be longer than twenty-five (25) pages, and must contain the following:
16a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 20 of 60 (i) A concise summary of the decision or action of which review is sought; (ii) A statement (including record citation) where the matters of fact or law raised in the petition for review were previously raised before the presiding officer and, if they were not, why they could not have been raised; (iii) A concise statement why in the petitioner's view the decision or action is erroneous; and (iv) A concise statement why Commission review should be exercised.
(3) Any other party to the proceeding may, within 25 days after service of a petition for review, file an answer supporting or opposing Commission review. This answer may not be longer than 25 pages and should concisely address the matters in paragraph (b)(2) of this section to the extent appropriate. The petitioning party may file a reply brief within 10 days of service of any answer. This reply brief may not be longer than 5 pages.
(4) The petition for review may be granted in the discretion of the Commission, giving due weight to the existence of a substantial question with respect to the following considerations:
(i) A finding of material fact is clearly erroneous or in conflict with a finding as to the same fact in a different proceeding; (ii) A necessary legal conclusion is without governing precedent or is a departure from or contrary to established law; (iii) A substantial and important question of law, policy, or discretion has been raised; (iv) The conduct of the proceeding involved a prejudicial procedural error; or (v) Any other consideration which the Commission may deem to be in the public interest.
(5) A petition for review will not be granted to the extent that it relies on matters that could have been but were not raised before the presiding officer.
A matter raised sua sponte by a presiding officer has been raised before the presiding officer for the purpose of this section.
(6) A petition for review will not be granted as to issues raised before the presiding officer on a pending motion for reconsideration.
(c)(1) If within 120 days after the filing of a petition for review the Commission does not grant the petition, in whole or in part, the petition is deemed to be denied, unless the Commission, in its discretion, extends the time for its consideration of the petition and any answers to the petition.
(2) If a petition for review is granted, the Commission may issue an order specifying the issues to be reviewed and designating the parties to the review proceeding. The Commission may, in its discretion, decide the matter on the 17a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 21 of 60 basis of the petition for review or it may specify whether any briefs may be filed.
(3) Unless the Commission orders otherwise, any briefs on review may not exceed 30 pages in length, exclusive of pages containing the table of contents, table of citations, and any addendum containing appropriate exhibits, statutes, or regulations. A brief in excess of 10 pages must contain a table of contents with page references and a table of cases (alphabetically arranged), cited statutes, regulations, and other authorities, with references to the pages of the brief where they are cited.
(d) Petitions for reconsideration of Commission decisions granting or denying review in whole or in part will not be entertained. A petition for reconsideration of a Commission decision after review may be filed within ten (10) days, but is not necessary for exhaustion of administrative remedies.
However, if a petition for reconsideration is filed, the Commission decision is not final until the petition is decided. Any petition for reconsideration will be evaluated against the standard in § 2.323(e).
(e) Neither the filing nor the granting of a petition under this section stays the effect of the decision or action of the presiding officer, unless the Commission orders otherwise.
(f) Interlocutory review. (1) A ruling referred or question certified to the Commission under §§ 2.319(l) or 2.323(f) may be reviewed if the certification or referral raises significant and novel legal or policy issues, or resolution of the issues would materially advance the orderly disposition of the proceeding.
(2) The Commission may, in its discretion, grant interlocutory review at the request of a party despite the absence of a referral or certification by the presiding officer. A petition and answer to it must be filed within the times and in the form prescribed in paragraph (b) of this section and must be treated in accordance with the general provisions of this section. The petition for interlocutory review will be granted only if the party demonstrates that the issue for which the party seeks interlocutory review:
(i) Threatens the party adversely affected by it with immediate and serious irreparable impact which, as a practical matter, could not be alleviated through a petition for review of the presiding officer's final decision; or (ii) Affects the basic structure of the proceeding in a pervasive or unusual manner.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 22 of 60 10 C.F.R. § 51.14 (excerpted)
Definitions (a) As used in this subpart:
Environmental report means a document submitted to the Commission by an applicant for a permit, license, or other form of permission, or an amendment to or renewal of a permit, license or other form of permission, or by a petitioner for rulemaking, in order to aid the Commission in complying with section 102(2) of NEPA.
10 C.F.R. § 51.20 (excerpted)
Criteria for and identification of licensing and regulatory actions requiring environmental impacts statements.
(a) Licensing and regulatory actions requiring an environmental impact statement shall meet at least one of the following criteria:
(1) The proposed action is a major Federal action significantly affecting the quality of the human environment.
(2) The proposed action involves a matter which the Commission, in the exercise of its discretion, has determined should be covered by an environmental impact statement.
(b) The following types of actions require an environmental impact statement or a supplement to an environmental impact statement:
(2) Issuance or renewal of a full power or design capacity license to operate a nuclear power reactor, testing facility, or fuel reprocessing plant under part 50 of this chapter, or a combined license under part 52 of this chapter.
10 C.F.R. § 51.45 Environmental report.
(a) General. As required by §§ 51.50, 51.53, 51.54, 51.55, 51.60, 51.61, 51.62, or 51.68, as appropriate, each applicant or petitioner for rulemaking shall submit with its application or petition for rulemaking one signed 19a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 23 of 60 original of a separate document entitled Applicant's or Petitioner's Environmental Report, as appropriate. An applicant or petitioner for rulemaking may submit a supplement to an environmental report at any time.
(b) Environmental considerations. The environmental report shall contain a description of the proposed action, a statement of its purposes, a description of the environment affected, and discuss the following considerations:
(1) The impact of the proposed action on the environment. Impacts shall be discussed in proportion to their significance; (2) Any adverse environmental effects which cannot be avoided should the proposal be implemented; (3) Alternatives to the proposed action. The discussion of alternatives shall be sufficiently complete to aid the Commission in developing and exploring, pursuant to section 102(2)(E) of NEPA, appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources. To the extent practicable, the environmental impacts of the proposal and the alternatives should be presented in comparative form; (4) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and (5) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
(c) Analysis. The environmental report must include an analysis that considers and balances the environmental effects of the proposed action, the environmental impacts of alternatives to the proposed action, and alternatives available for reducing or avoiding adverse environmental effects. An environmental report required for materials licenses under
§ 51.60 must also include a description of those site preparation activities excluded from the definition of construction under § 51.4 which have been or will be undertaken at the proposed site (i.e., those activities listed in paragraphs (2)(i) and (2)(ii) in the definition of construction contained in
§ 51.4); a description of the impacts of such excluded site preparation activities; and an analysis of the cumulative impacts of the proposed action when added to the impacts of such excluded site preparation activities on the human environment. An environmental report prepared at the early site permit stage under § 51.50(b), limited work authorization stage under
§ 51.49, construction permit stage under § 51.50(a), or combined license 20a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 24 of 60 stage under § 51.50(c) must include a description of impacts of the preconstruction activities performed by the applicant at the proposed site (i.e., those activities listed in paragraph (1)(ii) in the definition of construction contained in § 51.4), necessary to support the construction and operation of the facility which is the subject of the early site permit, limited work authorization, construction permit, or combined license application. The environmental report must also contain an analysis of the cumulative impacts of the activities to be authorized by the limited work authorization, construction permit, or combined license in light of the preconstruction impacts described in the environmental report. Except for an environmental report prepared at the early site permit stage, or an environmental report prepared at the license renewal stage under § 51.53(c),
the analysis in the environmental report should also include consideration of the economic, technical, and other benefits and costs of the proposed action and its alternatives. Environmental reports prepared at the license renewal stage under § 51.53(c) need not discuss the economic or technical benefits and costs of either the proposed action or alternatives except if these benefits and costs are either essential for a determination regarding the inclusion of an alternative in the range of alternatives considered or relevant to mitigation. In addition, environmental reports prepared under § 51.53(c) need not discuss issues not related to the environmental effects of the proposed action and its alternatives. The analyses for environmental reports shall, to the fullest extent practicable, quantify the various factors considered. To the extent that there are important qualitative considerations or factors that cannot be quantified, those considerations or factors shall be discussed in qualitative terms. The environmental report should contain sufficient data to aid the Commission in its development of an independent analysis.
(d) Status of compliance. The environmental report shall list all Federal permits, licenses, approvals and other entitlements which must be obtained in connection with the proposed action and shall describe the status of compliance with these requirements. The environmental report shall also include a discussion of the status of compliance with applicable environmental quality standards and requirements including, but not limited to, applicable zoning and land-use regulations, and thermal and other water pollution limitations or requirements which have been imposed by Federal, State, regional, and local agencies having responsibility for environmental protection. The discussion of alternatives in the report shall include a 21a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 25 of 60 discussion of whether the alternatives will comply with such applicable environmental quality standards and requirements.
(e) Adverse information. The information submitted pursuant to paragraphs (b) through (d) of this section should not be confined to information supporting the proposed action but should also include adverse information.
10 C.F.R. § 51.53 (excerpted)
Postconstruction environmental reports.
(a) General. Any environmental report prepared under the provisions of this section may incorporate by reference any information contained in a prior environmental report or supplement thereto that relates to the production or utilization facility or site, or any information contained in a final environmental document previously prepared by the NRC staff that relates to the production or utilization facility or site. Documents that may be referenced include, but are not limited to, the final environmental impact statement; supplements to the final environmental impact statement, including supplements prepared at the license renewal stage; NRC staff-prepared final generic environmental impact statements; and environmental assessments and records of decisions prepared in connection with the construction permit, operating license, early site permit, combined license and any license amendment for that facility.
(c) Operating license renewal stage.
(1) Each applicant for renewal of a license to operate a nuclear power plant under part 54 of this chapter shall submit with its application a separate document entitled Applicant's Environmental ReportOperating License Renewal Stage.
(2) The report must contain a description of the proposed action, including the applicant's plans to modify the facility or its administrative control procedures as described in accordance with § 54.21 of this chapter. This report must describe in detail the affected environment around the plant, the modifications directly affecting the environment or any plant effluents, and any planned refurbishment activities. In addition, the applicant shall discuss in this report the environmental impacts of alternatives and any other matters described in § 51.45. The report is not required to include discussion of need for power or the economic costs and economic benefits of the proposed action or of alternatives to the proposed action except insofar as such costs 22a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 26 of 60 and benefits are either essential for a determination regarding the inclusion of an alternative in the range of alternatives considered or relevant to mitigation. The environmental report need not discuss other issues not related to the environmental effects of the proposed action and the alternatives. As stated in § 51.23, no discussion of the environmental impacts of the continued storage of spent fuel is required in this report.
(3) For those applicants seeking an initial renewed license and holding an operating license, construction permit, or combined license as of June 30, 1995, the environmental report shall include the information required in paragraph (c)(2) of this section subject to the following conditions and considerations:
(i) The environmental report for the operating license renewal stage is not required to contain analyses of the environmental impacts of the license renewal issues identified as Category 1 issues in appendix B to subpart A of this part.
(ii) The environmental report must contain analyses of the environmental impacts of the proposed action, including the impacts of refurbishment activities, if any, associated with license renewal and the impacts of operation during the renewal term, for those issues identified as Category 2 issues in appendix B to subpart A of this part. The required analyses are as follows:
(A) If the applicant's plant utilizes cooling towers or cooling ponds and withdraws makeup water from a river, an assessment of the impact of the proposed action on water availability and competing water demands, the flow of the river, and related impacts on stream (aquatic) and riparian (terrestrial) ecological communities must be provided. The applicant shall also provide an assessment of the impacts of the withdrawal of water from the river on alluvial aquifers during low flow.
(B) If the applicant's plant utilizes once-through cooling or cooling pond heat dissipation systems, the applicant shall provide a copy of current Clean Water Act 316(b) determinations and, if necessary, a 316(a) variance in accordance with 40 CFR part 125, or equivalent State permits and supporting documentation. If the applicant cannot provide these documents, it shall assess the impact of the proposed action on fish and shellfish resources resulting from thermal changes and impingement and entrainment.
(C) If the applicant's plant pumps more than 100 gallons (total onsite) of groundwater per minute, an assessment of the impact of the proposed action on groundwater must be provided.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 27 of 60 (D) If the applicant's plant is located at an inland site and utilizes cooling ponds, an assessment of the impact of the proposed action on groundwater quality must be provided.
(E) All license renewal applicants shall assess the impact of refurbishment, continued operations, and other license-renewal-related construction activities on important plant and animal habitats.
Additionally, the applicant shall assess the impact of the proposed action on threatened or endangered species in accordance with Federal laws protecting wildlife, including but not limited to, the Endangered Species Act, and essential fish habitat in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
(F) [Reserved]
(G) If the applicant's plant uses a cooling pond, lake, or canal or discharges into a river, an assessment of the impact of the proposed action on public health from thermophilic organisms in the affected water must be provided.
(H) If the applicant's transmission lines that were constructed for the specific purpose of connecting the plant to the transmission system do not meet the recommendations of the National Electric Safety Code for preventing electric shock from induced currents, an assessment of the impact of the proposed action on the potential shock hazard from the transmission lines must be provided.
(I)-(J) [Reserved]
(K) All applicants shall identify any potentially affected historic or archaeological properties and assess whether any of these properties will be affected by future plant operations and any planned refurbishment activities in accordance with the National Historic Preservation Act.
(L) If the staff has not previously considered severe accident mitigation alternatives for the applicant's plant in an environmental impact statement or related supplement or in an environmental assessment, a consideration of alternatives to mitigate severe accidents must be provided.
(M) [Reserved]
(N) Applicants shall provide information on the general demographic composition of minority and low-income populations and communities (by race and ethnicity) residing in the immediate vicinity of the plant that could be affected by the renewal of the plant's operating license, including any planned refurbishment activities, and ongoing and future plant operations.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 28 of 60 (O) Applicants shall provide information about other past, present, and reasonably foreseeable future actions occurring in the vicinity of the nuclear plant that may result in a cumulative effect.
(P) An applicant shall assess the impact of any documented inadvertent releases of radionuclides into groundwater. The applicant shall include in its assessment a description of any groundwater protection program used for the surveillance of piping and components containing radioactive liquids for which a pathway to groundwater may exist. The assessment must also include a description of any past inadvertent releases and the projected impact to the environment (e.g., aquifers, rivers, lakes, ponds, ocean) during the license renewal term.
(iii) The report must contain a consideration of alternatives for reducing adverse impacts, as required by § 51.45(c), for all Category 2 license renewal issues in appendix B to subpart A of this part. No such consideration is required for Category 1 issues in appendix B to subpart A of this part.
(iv) The environmental report must contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware.
10 C.F.R. § 51.71 (excerpted)
Draft environmental impact statementcontents (a) Scope. The draft environmental impact statement will be prepared in accordance with the scope decided upon in the scoping process required by
§§ 51.26 and 51.29. As appropriate and to the extent required by the scope, the draft statement will address the topics in paragraphs (b), (c), (d) and (e) of this section and the matters specified in §§ 51.45, 51.50, 51.51, 51.52, 51.53, 51.54, 51.61 and 51.62.
(b) Analysis of major points of view. To the extent sufficient information is available, the draft environmental impact statement will include consideration of major points of view concerning the environmental impacts of the proposed action and the alternatives, and contain an analysis of significant problems and objections raised by other Federal, State, and local agencies, by any affected Indian Tribes, and by other interested persons.
(c) Status of compliance. The draft environmental impact statement will list all Federal permits, licenses, approvals, and other entitlements which must 25a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 29 of 60 be obtained in implementing the proposed action and will describe the status of compliance with those requirements. If it is uncertain whether a Federal permit, license, approval, or other entitlement is necessary, the draft environmental impact statement will so indicate.
(d) Analysis. Unless excepted in this paragraph or § 51.75, the draft environmental impact statement will include a preliminary analysis that considers and weighs the environmental effects, including any cumulative effects, of the proposed action; the environmental impacts of alternatives to the proposed action; and alternatives available for reducing or avoiding adverse environmental effects. Additionally, the draft environmental impact statement will include a consideration of the economic, technical, and other benefits and costs of the proposed action and alternatives. The draft environmental impact statement will indicate what other interests and considerations of Federal policy, including factors not related to environmental quality, if applicable, are relevant to the consideration of environmental effects of the proposed action identified under paragraph (a) of this section. The draft supplemental environmental impact statement prepared at the license renewal stage under § 51.95(c) need not discuss the economic or technical benefits and costs of either the proposed action or alternatives except if benefits and costs are either essential for a determination regarding the inclusion of an alternative in the range of alternatives considered or relevant to mitigation. In addition, the supplemental environmental impact statement prepared at the license renewal stage need not discuss other issues not related to the environmental effects of the proposed action and associated alternatives. The draft supplemental environmental impact statement for license renewal prepared under § 51.95(c) will rely on conclusions as amplified by the supporting information in the GEIS for issues designated as Category 1 in appendix B to subpart A of this part. The draft supplemental environmental impact statement must contain an analysis of those issues identified as Category 2 in appendix B to subpart A of this part that are open for the proposed action.
The analysis for all draft environmental impact statements will, to the fullest extent practicable, quantify the various factors considered. To the extent that there are important qualitative considerations or factors that cannot be quantified, these considerations or factors will be discussed in qualitative terms. Consideration will be given to compliance with environmental quality standards and requirements that have been imposed by Federal, State, regional, and local agencies having responsibility for environmental protection, including applicable zoning and land-use regulations and water 26a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 30 of 60 pollution limitations or requirements issued or imposed under the Federal Water Pollution Control Act. The environmental impact of the proposed action will be considered in the analysis with respect to matters covered by environmental quality standards and requirements irrespective of whether a certification or license from the appropriate authority has been obtained. 3 While satisfaction of Commission standards and criteria pertaining to radiological effects will be necessary to meet the licensing requirements of the Atomic Energy Act, the analysis will, for the purposes of NEPA, consider the radiological effects of the proposed action and alternatives.
10 C.F.R. § 51.73 Request for comments on draft environmental impact statement.
Each draft environmental impact statement and each supplement to a draft environmental impact statement distributed in accordance with § 51.74, and each news release provided pursuant to § 51.74(d) will be accompanied by or include a request for comments on the proposed action and on the draft environmental impact statement or any supplement to the draft environmental impact statement and will state where comments should be submitted and the date on which the comment period closes. A minimum comment period of 45 days will be provided. The comment period will be calculated from the date on which the Environmental Protection Agency notice stating that the draft statement or the supplement to the draft statement has been filed with EPA is published in the Federal Register. If no comments are provided within the time specified, it will be presumed, unless the agency or person requests an extension of time, that the agency or person has no comment to make. To the extent practicable, NRC staff will grant reasonable requests for extensions of time of up to fifteen (15) days.
10 C.F.R. § 51.91 Final environmental impact statementcontents.
(a)(1) The final environmental impact statement will include responses to any comments on the draft environmental impact statement or on any supplement to the draft environmental impact statement. Responses to comments may include:
(i) Modification of alternatives, including the proposed action; (ii) Development and evaluation of alternatives not previously given serious consideration; (iii) Supplementation or modification of analyses; 27a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 31 of 60 (iv) Factual corrections; (v) Explanation of why comments do not warrant further response, citing sources, authorities or reasons which support this conclusion.
(2) All substantive comments received on the draft environmental impact statement or any supplement to the draft environmental impact statement (or summaries thereof where the response has been exceptionally voluminous) will be attached to the final statement, whether or not each comment is discussed individually in the text of the statement.
(3) If changes in the draft environmental impact statement in response to comments are minor and are confined either to factual corrections or to explanations of why the comments do not warrant further response, the changes may be made by attaching errata sheets to the draft statement. The entire document with a new cover may then be issued as the final environmental impact statement.
(b) The final environmental impact statement will discuss any relevant responsible opposing view not adequately discussed in the draft environmental impact statement or in any supplement to the draft environmental impact statement, and respond to the issues raised.
(c) The final environmental impact statement will state how the alternatives considered in it and decisions based on it will or will not achieve the requirements of sections 101 and 102(1) of NEPA and of any other relevant and applicable environmental laws and policies.
(d) The final environmental impact statement will include a final analysis and a final recommendation on the action to be taken.
10 C.F.R. § 51.95 (excerpted)
Postconstruction environmental impact statements.
(a) General. Any supplement to a final environmental impact statement or any environmental assessment prepared under the provisions of this section may incorporate by reference any information contained in a final environmental document previously prepared by the NRC staff that relates to the same production or utilization facility. Documents that may be referenced include, but are not limited to, the final environmental impact statement; supplements to the final environmental impact statement, including supplements prepared at the operating license stage; NRC staff-prepared final generic environmental impact statements; environmental assessments and records of decisions prepared in connection with the 28a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 32 of 60 construction permit, the operating license, the early site permit, or the combined license and any license amendment for that facility. A supplement to a final environmental impact statement will include a request for comments as provided in § 51.73.
(c) Operating license renewal stage. In connection with the renewal of an operating license or combined license for a nuclear power plant under 10 CFR parts 52 or 54 of this chapter, the Commission shall prepare an environmental impact statement, which is a supplement to the Commission's NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (June 2013), which is available in the NRC's Public Document Room, 11555 Rockville Pike, Rockville, Maryland 20852.
(1) The supplemental environmental impact statement for the operating license renewal stage shall address those issues as required by § 51.71. In addition, the NRC staff must comply with 40 CFR 1506.6(b)(3) in conducting the additional scoping process as required by § 51.71(a).
(2) The supplemental environmental impact statement for license renewal is not required to include discussion of need for power or the economic costs and economic benefits of the proposed action or of alternatives to the proposed action except insofar as such benefits and costs are either essential for a determination regarding the inclusion of an alternative in the range of alternatives considered or relevant to mitigation. In addition, the supplemental environmental impact statement prepared at the license renewal stage need not discuss other issues not related to the environmental effects of the proposed action and the alternatives. The analysis of alternatives in the supplemental environmental impact statement should be limited to the environmental impacts of such alternatives and should otherwise be prepared in accordance with § 51.71 and appendix A to subpart A of this part. As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated into the supplemental environmental impact statement.
(3) The supplemental environmental impact statement shall be issued as a final impact statement in accordance with §§ 51.91 and 51.93 after considering any significant new information relevant to the proposed action contained in the supplement or incorporated by reference.
(4) The supplemental environmental impact statement must contain the NRC staff's recommendation regarding the environmental acceptability of the license renewal action. In order to make recommendations and reach a final 29a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 33 of 60 decision on the proposed action, the NRC staff, adjudicatory officers, and Commission shall integrate the conclusions in the generic environmental impact statement for issues designated as Category 1 with information developed for those Category 2 issues applicable to the plant under
§ 51.53(c)(3)(ii) and any new and significant information. Given this information, the NRC staff, adjudicatory officers, and Commission shall determine whether or not the adverse environmental impacts of license renewal are so great that preserving the option of license renewal for energy planning decisionmakers would be unreasonable.
10 C.F.R. § 51.102 Requirement to provide a record of decision; preparation.
(a) A Commission decision on any action for which a final environmental impact statement has been prepared shall be accompanied by or include a concise public record of decision.
(b) Except as provided in paragraph (c) of this section, the record of decision will be prepared by the NRC staff director authorized to take the action.
(c) When a hearing is held on the proposed action under the regulations in subpart G of part 2 of this chapter or when the action can only be taken by the Commissioners acting as a collegial body, the initial decision of the presiding officer or the final decision of the Commissioners acting as a collegial body will constitute the record of decision. An initial or final decision constituting the record of decision will be distributed as provided in
§ 51.93.
10 C.F.R. § 51.103 Record of decisiongeneral.
(a) The record of decision required by § 51.102 shall be clearly identified and shall:
(1) State the decision.
(2) Identify all alternatives considered by the Commission in reaching the decision, state that these alternatives were included in the range of alternatives discussed in the environmental impact statement, and specify the alternative or alternatives which were considered to be environmentally preferable.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 34 of 60 (3) Discuss preferences among alternatives based on relevant factors, including economic and technical considerations where appropriate, the NRC's statutory mission, and any essential considerations of national policy, which were balanced by the Commission in making the decision and state how these considerations entered into the decision.
(4) State whether the Commission has taken all practicable measures within its jurisdiction to avoid or minimize environmental harm from the alternative selected, and if not, to explain why those measures were not adopted. Summarize any license conditions and monitoring programs adopted in connection with mitigation measures.
(5) In making a final decision on a license renewal action pursuant to part 54 of this chapter, the Commission shall determine whether or not the adverse environmental impacts of license renewal are so great that preserving the option of license renewal for energy planning decisionmakers would be unreasonable.
(6) In a construction permit or a combined license proceeding where a limited work authorization under 10 CFR 50.10 was issued, the Commission's decision on the construction permit or combined license application will not address or consider the sunk costs associated with the limited work authorization in determining the proposed action.
(b) The record of decision may be integrated into any other record prepared by the Commission in connection with the action.
(c) The record of decision may incorporate by reference material contained in a final environmental impact statement.
10 C.F.R. Part 51, Appendix B to Subpart A, Table B-1 (excerpted)
Environmental Effect of Renewing the Operating License of a Nuclear Power Plant The Commission has assessed the environmental impacts associated with granting a renewed operating license for a nuclear power plant to a licensee who holds either an operating license or construction permit as of June 30, 1995. Table B-1 summarizes the Commission's findings on the scope and magnitude of environmental impacts of renewing the operating license for a nuclear power plant as required by section 102(2) of the National Environmental Policy Act of 1969, as amended. Table B-1, subject to an evaluation of those issues identified in Category 2 as requiring further analysis and possible significant new information, represents the analysis of 31a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 35 of 60 the environmental impacts associated with renewal of any operating license and is to be used in accordance with § 51.95(c). On a 10-year cycle, the Commission intends to review the material in this appendix and update it if necessary. A scoping notice must be published in the Federal Register indicating the results of the NRC's review and inviting public comments and proposals for other areas that should be updated.
Table B-1Summary of Findings on NEPA Issues for License Renewal of Nuclear Power Plants1 Issue Category 2 Finding 3 Land Use SMALL. Changes in onsite land use from continued operations and refurbishment associated with license Onsite land use 1 renewal would be a small fraction of the nuclear power plant site and would involve only land that is controlled by the licensee.
SMALL. Offsite land use would not be affected by continued operations and Offsite land use 1 refurbishment associated with license renewal.
SMALL. Use of transmission line Offsite land use in ROWs from continued operations and transmission line right-of- 1 refurbishment associated with license ways (ROWs) 4 renewal would continue with no change in land use restrictions.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 36 of 60 Visual Resources SMALL. No important changes to the visual appearance of plant structures or Aesthetic impacts 1 transmission lines are expected from continued operations and refurbishment associated with license renewal.
Air Quality SMALL. Air quality impacts from continued operations and refurbishment associated with license renewal are expected to be small at all plants.
Emissions resulting from refurbishment activities at locations in or near air quality nonattainment or maintenance areas would be short-lived and would cease after these refurbishment activities are completed. Operating experience Air quality impacts (all 1 has shown that the scale of plants) refurbishment activities has not resulted in exceedance of the de minimis thresholds for criteria pollutants, and best management practices including fugitive dust controls and the imposition of permit conditions in State and local air emissions permits would ensure conformance with applicable State or Tribal Implementation Plans.
Emissions from emergency diesel generators and fire pumps and routine operations of boilers used for space heating would not be a concern, even 33a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 37 of 60 for plants located in or adjacent to nonattainment areas. Impacts from cooling tower particulate emissions even under the worst-case situations have been small.
SMALL. Production of ozone and Air quality effects of oxides of nitrogen is insignificant and 1
transmission lines 4 does not contribute measurably to ambient levels of these gases.
Noise SMALL. Noise levels would remain below regulatory guidelines for offsite Noise impacts 1 receptors during continued operations and refurbishment associated with license renewal.
Geologic Environment SMALL. The effect of geologic and soil conditions on plant operations and the impact of continued operations and refurbishment activities on geology and Geology and soils 1 soils would be small for all nuclear power plants and would not change appreciably during the license renewal term.
34a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 38 of 60 Surface Water Resources SMALL. Impacts are expected to be small if best management practices are employed to control soil erosion and Surface water use and spills. Surface water use associated with quality (non-cooling 1 continued operations and refurbishment system impacts) associated with license renewal would not increase significantly or would be reduced if refurbishment occurs during a plant outage.
SMALL. Altered current patterns would Altered current patterns at be limited to the area in the vicinity of intake and discharge 1 the intake and discharge structures.
structures These impacts have been small at operating nuclear power plants.
SMALL. Effects on salinity gradients would be limited to the area in the Altered salinity gradients 1 vicinity of the intake and discharge structures. These impacts have been small at operating nuclear power plants.
SMALL. Effects on thermal stratification would be limited to the Altered thermal area in the vicinity of the intake and 1
stratification of lakes discharge structures. These impacts have been small at operating nuclear power plants.
Scouring caused by SMALL. Scouring effects would be 1 limited to the area in the vicinity of the discharged cooling water intake and discharge structures. These 35a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 39 of 60 impacts have been small at operating nuclear power plants.
SMALL. Discharges of metals have not been found to be a problem at operating nuclear power plants with cooling-tower-based heat dissipation systems Discharge of metals in 1 and have been satisfactorily mitigated at cooling system effluent other plants. Discharges are monitored and controlled as part of the National Pollutant Discharge Elimination System (NPDES) permit process.
SMALL. The effects of these discharges are regulated by Federal and State Discharge of biocides, environmental agencies. Discharges are sanitary wastes, and minor 1 monitored and controlled as part of the chemical spills NPDES permit process. These impacts have been small at operating nuclear power plants.
SMALL. These conflicts have not been Surface water use conflicts found to be a problem at operating (plants with once-through 1 nuclear power plants with once-through cooling systems) heat dissipation systems.
SMALL or MODERATE. Impacts Surface water use conflicts could be of small or moderate (plants with cooling ponds 2 significance, depending on makeup or cooling towers using water requirements, water availability, makeup water from a river) and competing water demands.
Effects of dredging on SMALL. Dredging to remove 1 accumulated sediments in the vicinity of surface water quality intake and discharge structures and to 36a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 40 of 60 maintain barge shipping has not been found to be a problem for surface water quality. Dredging is performed under permit from the U.S. Army Corps of Engineers, and possibly, from other State or local agencies.
SMALL. These effects have not been Temperature effects on found to be a problem at operating 1
sediment transport capacity nuclear power plants and are not expected to be a problem.
Groundwater Resources SMALL. Extensive dewatering is not anticipated from continued operations and refurbishment associated with license renewal. Industrial practices involving the use of solvents, hydrocarbons, heavy metals, or other chemicals, and/or the use of wastewater Groundwater ponds or lagoons have the potential to contamination and use 1 contaminate site groundwater, soil, and (non-cooling system subsoil. Contamination is subject to impacts)
State or Environmental Protection Agency regulated cleanup and monitoring programs. The application of best management practices for handling any materials produced or used during these activities would reduce impacts.
Groundwater use conflicts SMALL. Plants that withdraw less than (plants that withdraw less 1 100 gpm are not expected to cause any than 100 gallons per groundwater use conflicts.
minute [gpm])
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 41 of 60 Groundwater use conflicts SMALL, MODERATE, or LARGE.
(plants that withdraw more Plants that withdraw more than 100 gpm 2
than 100 gallons per could cause groundwater use conflicts minute [gpm]) with nearby groundwater users.
SMALL, MODERATE, or LARGE.
Water use conflicts could result from Groundwater use conflicts water withdrawals from rivers during (plants with closed-cycle low-flow conditions, which may affect cooling systems that 2 aquifer recharge. The significance of withdraw makeup water impacts would depend on makeup water from a river) requirements, water availability, and competing water demands.
SMALL. Groundwater withdrawals at Groundwater quality operating nuclear power plants would degradation resulting from 1 not contribute significantly to water withdrawals groundwater quality degradation.
SMALL. Sites with closed-cycle cooling ponds could degrade Groundwater quality groundwater quality. However, degradation (plants with groundwater in salt marshes is naturally 1
cooling ponds in salt brackish and thus, not potable.
marshes) Consequently, the human use of such groundwater is limited to industrial purposes.
SMALL, MODERATE, or LARGE.
Inland sites with closed-cycle cooling Groundwater quality ponds could degrade groundwater degradation (plants with quality. The significance of the impact 2
cooling ponds at inland would depend on cooling pond water sites) quality, site hydrogeologic conditions (including the interaction of surface water and groundwater), and the 38a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 42 of 60 location, depth, and pump rate of water wells.
SMALL or MODERATE. Leaks of radioactive liquids from plant components and pipes have occurred at numerous plants. Groundwater Radionuclides released to protection programs have been 2
groundwater established at all operating nuclear power plants to minimize the potential impact from any inadvertent releases.
The magnitude of impacts would depend on site-specific characteristics.
Terrestrial Resources SMALL, MODERATE, or LARGE.
Impacts resulting from continued operations and refurbishment associated with license renewal may affect Effects on terrestrial terrestrial communities. Application of resources (non-cooling 2 best management practices would system impacts) reduce the potential for impacts. The magnitude of impacts would depend on the nature of the activity, the status of the resources that could be affected, and the effectiveness of mitigation.
SMALL. Doses to terrestrial organisms from continued operations and Exposure of terrestrial refurbishment associated with license 1
organisms to radionuclides renewal are expected to be well below exposure guidelines developed to protect these organisms.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 43 of 60 SMALL. No adverse effects to terrestrial plants or animals have been reported as a result of increased water temperatures, fogging, humidity, or Cooling system impacts on reduced habitat quality. Due to the low terrestrial resources (plants concentrations of contaminants in 1
with once-through cooling cooling system effluents, uptake and systems or cooling ponds) accumulation of contaminants in the tissues of wildlife exposed to the contaminated water or aquatic food sources are not expected to be significant issues.
SMALL. Impacts from salt drift, icing, fogging, or increased humidity associated with cooling tower operation Cooling tower impacts on have the potential to affect adjacent vegetation (plants with 1 vegetation, but these impacts have been cooling towers) small at operating nuclear power plants and are not expected to change over the license renewal term.
SMALL. Bird collisions with cooling towers and other plant structures and Bird collisions with plant transmission lines occur at rates that are structures and transmission 1 unlikely to affect local or migratory lines 4 populations and the rates are not expected to change.
Water use conflicts with SMALL or MODERATE. Impacts on terrestrial resources (plants terrestrial resources in riparian with cooling ponds or 2 communities affected by water use cooling towers using conflicts could be of moderate makeup water from a river) significance.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 44 of 60 SMALL. Continued ROW management Transmission line right-of- during the license renewal term is way (ROW) management expected to keep terrestrial communities 1
impacts on terrestrial in their current condition. Application of resources 4 best management practices would reduce the potential for impacts.
SMALL. No significant impacts of Electromagnetic fields on electromagnetic fields on terrestrial flora and fauna (plants, flora and fauna have been identified.
agricultural crops, 1 Such effects are not expected to be a honeybees, wildlife, problem during the license renewal livestock) 4 term.
Aquatic Resources SMALL, MODERATE, or LARGE.
The impacts of impingement and Impingement and entrainment are small at many plants but entrainment of aquatic may be moderate or even large at a few organisms (plants with 2 plants with once-through and cooling-once-through cooling pond cooling systems, depending on systems or cooling ponds) cooling system withdrawal rates and volumes and the aquatic resources at the site.
SMALL. Impingement and entrainment Impingement and rates are lower at plants that use closed-entrainment of aquatic cycle cooling with cooling towers 1
organisms (plants with because the rates and volumes of water cooling towers) withdrawal needed for makeup are minimized.
41a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 45 of 60 SMALL. Entrainment of phytoplankton and zooplankton has not been found to Entrainment of be a problem at operating nuclear power phytoplankton and 1 plants and is not expected to be a zooplankton (all plants) problem during the license renewal term.
SMALL, MODERATE, or LARGE.
Most of the effects associated with thermal discharges are localized and are Thermal impacts on not expected to affect overall stability of aquatic organisms (plants 2 populations or resources. The with once-through cooling magnitude of impacts, however, would systems or cooling ponds) depend on site-specific thermal plume characteristics and the nature of aquatic resources in the area.
SMALL. Thermal effects associated Thermal impacts on with plants that use cooling towers are aquatic organisms (plants 1 expected to be small because of the with cooling towers) reduced amount of heated discharge.
SMALL. Continued operations during Infrequently reported the license renewal term are expected to 1
thermal impacts (all plants) have small thermal impacts with respect to the following:
Cold shock has been satisfactorily mitigated at operating nuclear plants with once-through cooling systems, has not endangered fish populations or been found to be a problem at operating nuclear power plants with cooling towers or cooling ponds, and is not expected to be a problem.
42a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 46 of 60 Thermal plumes have not been found to be a problem at operating nuclear power plants and are not expected to be a problem.
Thermal discharge may have localized effects but is not expected to affect the larger geographical distribution of aquatic organisms.
Premature emergence has been found to be a localized effect at some operating nuclear power plants but has not been a problem and is not expected to be a problem.
Stimulation of nuisance organisms has been satisfactorily mitigated at the single nuclear power plant with a once-through cooling system where previously it was a problem. It has not been found to be a problem at operating nuclear power plants with cooling towers or cooling ponds and is not expected to be a problem.
SMALL. Gas supersaturation was a concern at a small number of operating Effects of cooling water nuclear power plants with once-through discharge on dissolved cooling systems but has been mitigated.
oxygen, gas 1 Low dissolved oxygen was a concern at supersaturation, and one nuclear power plant with a once-eutrophication through cooling system but has been mitigated. Eutrophication (nutrient loading) and resulting effects on chemical and biological oxygen 43a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 47 of 60 demands have not been found to be a problem at operating nuclear power plants.
SMALL. Best management practices and discharge limitations of NPDES permits are expected to minimize the potential for impacts to aquatic resources during continued operations Effects of non-radiological and refurbishment associated with contaminants on aquatic 1 license renewal. Accumulation of metal organisms contaminants has been a concern at a few nuclear power plants but has been satisfactorily mitigated by replacing copper alloy condenser tubes with those of another metal.
SMALL. Doses to aquatic organisms Exposure of aquatic are expected to be well below exposure 1
organisms to radionuclides guidelines developed to protect these aquatic organisms.
SMALL. Dredging at nuclear power plants is expected to occur infrequently, would be of relatively short duration, Effects of dredging on and would affect relatively small areas.
1 aquatic organisms Dredging is performed under permit from the U.S. Army Corps of Engineers, and possibly, from other State or local agencies.
Water use conflicts with SMALL or MODERATE. Impacts on aquatic resources (plants aquatic resources in stream communities with cooling ponds or 2 affected by water use conflicts could be cooling towers using of moderate significance in some makeup water from a river) situations.
44a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 48 of 60 SMALL. Licensee application of Effects on aquatic appropriate mitigation measures is resources (non-cooling 1 expected to result in no more than small system impacts) changes to aquatic communities from their current condition.
SMALL. Licensee application of best Impacts of transmission management practices to ROW line right-of-way (ROW) 1 maintenance is expected to result in no management on aquatic more than small impacts to aquatic resources 4 resources.
SMALL. These types of losses have not Losses from predation, been found to be a problem at operating parasitism, and disease 1 nuclear power plants and are not among organisms exposed expected to be a problem during the to sublethal stresses license renewal term.
Special Status Species and Habitats The magnitude of impacts on threatened, endangered, and protected species, critical habitat, and essential fish habitat would depend on the occurrence of listed species and habitats Threatened, endangered, and the effects of power plant systems and protected species and 2 on them. Consultation with appropriate essential fish habitat agencies would be needed to determine whether special status species or habitats are present and whether they would be adversely affected by continued operations and refurbishment associated with license renewal.
45a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 49 of 60 Historic and Cultural Resources Continued operations and refurbishment associated with license renewal are expected to have no more than small impacts on historic and cultural resources located onsite and in the transmission line ROW because most impacts could be mitigated by avoiding Historic and cultural 2 those resources. The National Historic resources 4 Preservation Act (NHPA) requires the Federal agency to consult with the State Historic Preservation Officer (SHPO) and appropriate Native American Tribes to determine the potential effects on historic properties and mitigation, if necessary.
Socioeconomics SMALL. Although most nuclear plants have large numbers of employees with higher than average wages and salaries, Employment and income, employment, income, recreation, and 1
recreation and tourism tourism impacts from continued operations and refurbishment associated with license renewal are expected to be small.
SMALL. Nuclear plants provide tax revenue to local jurisdictions in the form Tax revenues 1 of property tax payments, payments in lieu of tax (PILOT), or tax payments on energy production. The amount of tax revenue paid during the license renewal 46a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 50 of 60 term as a result of continued operations and refurbishment associated with license renewal is not expected to change.
SMALL. Changes resulting from continued operations and refurbishment associated with license renewal to local community and educational services would be small. With little or no change in employment at the licensee's plant, Community services and 1 value of the power plant, payments on education energy production, and PILOT payments expected during the license renewal term, community and educational services would not be affected by continued power plant operations.
SMALL. Changes resulting from continued operations and refurbishment associated with license renewal to regional population and housing availability and value would be small.
Population and housing 1 With little or no change in employment at the licensee's plant expected during the license renewal term, population and housing availability and values would not be affected by continued power plant operations.
SMALL. Changes resulting from continued operations and refurbishment Transportation 1 associated with license renewal to traffic volumes would be small.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 51 of 60 Human Health SMALL. Radiation doses to the public from continued operations and Radiation exposures to the refurbishment associated with license 1
public renewal are expected to continue at current levels, and would be well below regulatory limits.
SMALL. Occupational doses from continued operations and refurbishment associated with license renewal are Radiation exposures to 1 expected to be within the range of doses plant workers experienced during the current license term, and would continue to be well below regulatory limits.
SMALL. Chemical hazards to plant workers resulting from continued operations and refurbishment associated with license renewal are expected to be minimized by the licensee implementing Human health impact from good industrial hygiene practices as 1
chemicals required by permits and Federal and State regulations. Chemical releases to the environment and the potential for impacts to the public are expected to be minimized by adherence to discharge limitations of NPDES and other permits.
Microbiological hazards to SMALL, MODERATE, or LARGE.
the public (plants with These organisms are not expected to be cooling ponds or canals or 2 a problem at most operating plants cooling towers that except possibly at plants using cooling discharge to a river) ponds, lakes, or canals, or that discharge 48a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 52 of 60 into rivers. Impacts would depend on site-specific characteristics.
SMALL. Occupational health impacts are expected to be controlled by Microbiological hazards to continued application of accepted 1
plant workers industrial hygiene practices to minimize worker exposures as required by permits and Federal and State regulations.
Uncertain impact. Studies of 60-Hz EMFs have not uncovered consistent evidence linking harmful effects with field exposures. EMFs are unlike other agents that have a toxic effect (e.g.,
Chronic effects of toxic chemicals and ionizing radiation) electromagnetic fields N/A 5 in that dramatic acute effects cannot be (EMFs) 4 6 forced and longer-term effects, if real, are subtle. Because the state of the science is currently inadequate, no generic conclusion on human health impacts is possible.
SMALL. Occupational safety and health hazards are generic to all types of electrical generating stations, including Physical occupational nuclear power plants, and are of small 1
hazards significance if the workers adhere to safety standards and use protective equipment as required by Federal and State regulations.
SMALL, MODERATE, or LARGE.
Electric shock hazards 4 2 Electrical shock potential is of small significance for transmission lines that are operated in adherence with the 49a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 53 of 60 National Electrical Safety Code (NESC). Without a review of conformance with NESC criteria of each nuclear power plant's in-scope transmission lines, it is not possible to determine the significance of the electrical shock potential.
Postulated Accidents SMALL. The NRC staff has concluded that the environmental impacts of Design-basis accidents 1 design-basis accidents are of small significance for all plants.
SMALL. The probability-weighted consequences of atmospheric releases, fallout onto open bodies of water, releases to groundwater, and societal and economic impacts from severe Severe accidents 2 accidents are small for all plants.
However, alternatives to mitigate severe accidents must be considered for all plants that have not considered such alternatives.
Environmental Justice Impacts to minority and low-income populations and subsistence Minority and low-income consumption resulting from continued 2 operations and refurbishment associated populations with license renewal will be addressed in plant-specific reviews. See NRC Policy Statement on the Treatment of 50a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 54 of 60 Environmental Justice Matters in NRC Regulatory and Licensing Actions (69 FR 52040; August 24, 2004).
Waste Management SMALL. The comprehensive regulatory controls that are in place and the low Low-level waste storage public doses being achieved at reactors 1
and disposal ensure that the radiological impacts to the environment would remain small during the license renewal term.
During the license renewal term, SMALL. The expected increase in the volume of spent nuclear fuel from an Onsite storage of spent additional 20 years of operation can be 1
nuclear fuel safely accommodated onsite during the license renewal term with small environmental impacts through dry or pool storage at all plants.
For the period after the licensed life for reactor operations, the impacts of onsite storage of spent nuclear fuel during the continued storage period are discussed in NUREG-2157 and as stated in
§ 51.23(b), shall be deemed incorporated into this issue.
Offsite radiological For the high-level waste and spent-fuel impacts of spent nuclear disposal component of the fuel cycle, 1 the EPA established a dose limit of 0.15 fuel and high-level waste disposal mSv (15 millirem) per year for the first 10,000 years and 1.0 mSv (100 51a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 55 of 60 millirem) per year between 10,000 years and 1 million years for offsite releases of radionuclides at the proposed repository at Yucca Mountain, Nevada.
The Commission concludes that the impacts would not be sufficiently large to require the NEPA conclusion, for any plant, that the option of extended operation under 10 CFR part 54 should be eliminated. Accordingly, while the Commission has not assigned a single level of significance for the impacts of spent fuel and high level waste disposal, this issue is considered Category 1.
SMALL. The comprehensive regulatory controls and the facilities and procedures that are in place ensure proper handling and storage, as well as negligible doses and exposure to toxic materials for the public and the environment at all plants. License Mixed-waste storage and 1 renewal would not increase the small, disposal continuing risk to human health and the environment posed by mixed waste at all plants. The radiological and nonradiological environmental impacts of long-term disposal of mixed waste from any individual plant at licensed sites are small.
SMALL. No changes to systems that generate nonradioactive waste are Nonradioactive waste anticipated during the license renewal 1 term. Facilities and procedures are in storage and disposal place to ensure continued proper handling, storage, and disposal, as well as negligible exposure to toxic materials 52a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 56 of 60 for the public and the environment at all plants.
Cumulative Impacts Cumulative impacts of continued operations and refurbishment associated with license renewal must be considered on a plant-specific basis. Impacts would Cumulative impacts 2 depend on regional resource characteristics, the resource-specific impacts of license renewal, and the cumulative significance of other factors affecting the resource.
Uranium Fuel Cycle SMALL. The impacts to the public from radiological exposures have been Offsite radiological considered by the Commission in Table impactsindividual S-3 of this part. Based on information in impacts from other than 1 the GEIS, impacts to individuals from the disposal of spent fuel radioactive gaseous and liquid releases, and high-level waste including radon-222 and technetium-99, would remain at or below the NRC's regulatory limits.
There are no regulatory limits Offsite radiological applicable to collective doses to the impactscollective general public from fuel-cycle facilities.
impacts from other than 1 The practice of estimating health effects the disposal of spent fuel on the basis of collective doses may not and high-level waste be meaningful. All fuel-cycle facilities are designed and operated to meet the applicable regulatory limits and 53a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 57 of 60 standards. The Commission concludes that the collective impacts are acceptable.
The Commission concludes that the impacts would not be sufficiently large to require the NEPA conclusion, for any plant, that the option of extended operation under 10 CFR part 54 should be eliminated. Accordingly, while the Commission has not assigned a single level of significance for the collective impacts of the uranium fuel cycle, this issue is considered Category 1.
SMALL. The nonradiological impacts Nonradiological impacts of of the uranium fuel cycle resulting from 1
the uranium fuel cycle the renewal of an operating license for any plant would be small.
SMALL. The impacts of transporting materials to and from uranium-fuel-Transportation 1 cycle facilities on workers, the public, and the environment are expected to be small.
Termination of Nuclear Power Plant Operations and Decommissioning SMALL. License renewal is expected to Termination of plant have a negligible effect on the impacts operations and 1 of terminating operations and decommissioning decommissioning on all resources.
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USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 58 of 60 1
Data supporting this table are contained in NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (June 2013).
2 The numerical entries in this column are based on the following category definitions:
Category 1: For the issue, the analysis reported in the Generic Environmental Impact Statement has shown:
(1) The environmental impacts associated with the issue have been determined to apply either to all plants or, for some issues, to plants having a specific type of cooling system or other specified plant or site characteristic; (2) A single significance level (i.e., small, moderate, or large) has been assigned to the impacts (except for Offsite radiological impactscollective impacts from other than the disposal of spent fuel and high-level waste); and (3) Mitigation of adverse impacts associated with the issue has been considered in the analysis, and it has been determined that additional plant-specific mitigation measures are not likely to be sufficiently beneficial to warrant implementation.
The generic analysis of the issue may be adopted in each plant-specific review.
Category 2: For the issue, the analysis reported in the Generic Environmental Impact Statement has shown that one or more of the criteria of Category 1 cannot be met, and therefore additional plant-specific review is required.
3 The impact findings in this column are based on the definitions of three significance levels. Unless the significance level is identified as beneficial, the impact is adverse, or in the case of small, may be negligible. The definitions of significance follow:
SMALLFor the issue, environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource. For the purposes of assessing radiological impacts, the Commission has concluded that those impacts that do not exceed permissible levels in the Commission's regulations are considered small as the term is used in this table.
MODERATEFor the issue, environmental effects are sufficient to alter noticeably, but not to destabilize, important attributes of the resource.
LARGEFor the issue, environmental effects are clearly noticeable and are sufficient to destabilize important attributes of the resource.
55a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 59 of 60 For issues where probability is a key consideration (i.e., accident consequences), probability was a factor in determining significance.
4 This issue applies only to the in-scope portion of electric power transmission lines, which are defined as transmission lines that connect the nuclear power plant to the substation where electricity is fed into the regional power distribution system and transmission lines that supply power to the nuclear plant from the grid.
5 NA (not applicable). The categorization and impact finding definitions do not apply to these issues.
6 If, in the future, the Commission finds that, contrary to current indications, a consensus has been reached by appropriate Federal health agencies that there are adverse health effects from electromagnetic fields, the Commission will require applicants to submit plant-specific reviews of these health effects as part of their license renewal applications. Until such time, applicants for license renewal are not required to submit information on this issue.
10 C.F.R. § 54.23 Contents of applicationenvironmental information.
Each application must include a supplement to the environmental report that complies with the requirements of subpart A of 10 CFR part 51.
10 C.F.R. § 54.29 Standards for issuance of a renewed license.
A renewed license may be issued by the Commission up to the full term authorized by § 54.31 if the Commission finds that:
(a) Actions have been identified and have been or will be taken with respect to the matters identified in paragraphs (a)(1) and (a)(2) of this section, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the CLB, and that any changes made to the plant's CLB in order to comply with this paragraph are in accord with the Act and the Commission's regulations.
These matters are:
(1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under § 54.21(a)(1); and 56a
USCA Case #20-1026 Document #1861341 Filed: 09/14/2020 Page 60 of 60 (2) time-limited aging analyses that have been identified to require review under § 54.21(c).
(b) Any applicable requirements of subpart A of 10 CFR part 51 have been satisfied.
(c) Any matters raised under § 2.335 have been addressed.
10 C.F.R. § 54.31 Issuance of a renewed license.
(a) A renewed license will be of the class for which the operating license or combined license currently in effect was issued.
(b) A renewed license will be issued for a fixed period of time, which is the sum of the additional amount of time beyond the expiration of the operating license or combined license (not to exceed 20 years) that is requested in a renewal application plus the remaining number of years on the operating license or combined license currently in effect. The term of any renewed license may not exceed 40 years.
(c) A renewed license will become effective immediately upon its issuance, thereby superseding the operating license or combined license previously in effect. If a renewed license is subsequently set aside upon further administrative or judicial appeal, the operating license or combined license previously in effect will be reinstated unless its term has expired and the renewal application was not filed in a timely manner.
(d) A renewed license may be subsequently renewed in accordance with all applicable requirements.
57a