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TABLE B-1-SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1-Continued

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Findings 3

Estimating cumulative doses to populations over thousands of years is
more problematic. The likelihood and consequences of events that
could seriously compromise the integrity of a deep geologic repository
were evaluated by the Department of Energy in the "Final Environ-
mental Impact Statement: Management of Commercially Generated Ra-
dioactive Waste," October 1980. The evaluation estimated the 70-year
whole-body dose commitment to the maximum individual and to the re-
gional population resulting from several modes of breaching a reference
repository in the year of closure, after 1,000 years, after 100,000 years,
and after 100,000,000 years. Subsequently, the NRC and other federal
agencies have expended considerable effort to develop models for the
design and for the licensing of a high level waste repository, especially
for the candidate repository at Yucca Mountain. More meaningful esti-
mates of doses to population may be possible in the future as more is
understood about the performance of the proposed Yucca Mountain re-
pository. Such estimates would involve very great uncertainty, espe-
cially with respect to cumulative population doses over thousands of
years. The standard proposed by the NAS is a limit on maximum indi-
vidual dose. The relationship of potential new regulatory requirements,
based on the NAS report, and cumulative population impacts has not
been determined, although the report articulates the view that protection
of individuals will adequately protect the population for a repository at
Yucca Mountain. However, EPA's generic repository standards in 40
CFR part 191 generally provide an indication of the order of magnitude
of cumulative risk to population that could result from the licensing of a
Yucca Mountain repository, assuming the ultimate standards will be
within the range of standards now under consideration. The standards
in 40 CFR part 191 protect the population by imposing "containment re-
quirements" that limit the cumulative amount of radioactive material re-
leased over 10,000 years. Reporting performance standards that will be
required by EPA are expected to result in releases and associated
health consequences in the range between 10 and 100 premature can-
cer deaths with an upper limit of 1,000 premature cancer deaths world-
wide for a 100,000 metric tonne (MTHM) repository.
Nevertheless, despite all the uncertainty, some judgement as to the regu-
latory NEPA implications of these matters should be made and it makes
no sense to repeat the same judgement in every case. Even taking the
uncertainties into account, the Commission concludes that these im-
pacts are acceptable in that these 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. Ac-
cordingly, while the Commission has not assigned a single level of sig-
nificance for the impacts of spent fuel and high level waste disposal,
this issue is considered Category 1.

SMALL. The nonradiological impacts of the uranium fuel cycle resulting
from the renewal of an operating license for any plant are found to be
small.

SMALL. The comprehensive regulatory controls that are in place and the low public doses being achieved at reactors ensure that the radiological impacts to the environment will remain small during the term of a renewed license. The maximum additional on-site land that may be required for low-level waste storage during the term of a renewed license and associated impacts will be small. Nonradiological impacts on air and water will be negligible. The radiological and nonradiological environmental impacts of long-term disposal of low-level waste from any individual plant at licensed sites are small. In addition, the Commission concludes that there is reasonable assurance that sufficient low-level waste disposal capacity will be made available when needed for facilities to be decommissioned consistent with NRC decommissioning requirements.

TABLE B-1-SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER

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Mixed waste storage and disposal ....

Continued

Findings 3

On-site spent fuel

Nonradiological waste

Transportation

Radiation doses

Waste management

Air quality

Water quality

Ecological resources

Socioeconomic impacts

Environmental justice 6

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 renewal will not increase the small, 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. In addition, the Commission concludes that there is reasonable assurance that sufficient mixed waste disposal capacity will be made available when needed for facilities to be decommissioned consistent with NRC decommissioning requirements.

1 SMALL. The expected increase in the volume of spent fuel from an additional 20 years of operation can be safely accommodated on site with small environmental effects through dry or pool storage at all plants if a permanent repository or monitored retrievable storage is not available. SMALL. No changes to generating systems are anticipated for license renewal. Facilities and procedures are in place to ensure continued proper handling and disposal at all plants.

1

1

SMALL. The impacts of transporting spent fuel enriched up to 5 percent uranium-235 with average burnup for the peak rod to current levels approved by NRC up to 62,000 MWd/MTU and the cumulative impacts of transporting high-level waste to a single repository, such as Yucca Mountain, Nevada are found to be consistent with the impact values contained in 10 CFR 51.52(c), Summary Table S-4-Environmental Impact of Transportation of Fuel and Waste to and from One Light-WaterCooled Nuclear Power Reactor. If fuel enrichment or burnup conditions are not met, the applicant must submit an assessment of the implications for the environmental impact values reported in § 51.52.

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1

1

SMALL. The potential for significant water quality impacts from erosion or spills is no greater whether decommissioning occurs after a 20-year license renewal period or after the original 40-year operation period, and measures are readily available to avoid such impacts.

SMALL. Decommissioning after either the initial operating period or after a 20-year license renewal period is not expected to have any direct ecological impacts.

1 SMALL. Decommissioning would have some short-term socioeconomic impacts. The impacts would not be increased by delaying decommissioning until the end of a 20-year relicense period, but they might be decreased by population and economic growth.

Environmental Justice

"NA NONE. The need for and the content of an analysis of environmental justice will be addressed in plant-specific reviews. 6

1 Data supporting this table are contained in NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants" (May 1996) and NUREG-1437, Vol. 1, Addendum 1, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Main Report Section 6.3-Transportation,' Table 9.1 Summary of findings on NEPA issues for license renewal of nuclear power plants, Final Report" (August 1999).

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 collective off site radiological impacts from the fuel cycle and from high level waste and spent fuel disposal); 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 likely not 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.

"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: SMALL-For 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. MODERATE-For the issue, environmental effects are sufficient to alter noticeably, but not to destabilize, important attributes of the resource. LARGE-For the issue, environmental effects are clearly noticeable and are sufficient to destabilize important attributes of the

resource.

For issues where probability is a key consideration (i.e., accident consequences), probability was a factor in determining significance.

*NA (not applicable). The categorization and impact finding definitions do not apply to these issues.

5 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.

Environmental Justice was not addressed in NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants," because guidance for implementing Executive Order 12898 issued on February 11, 1994, was not available prior to completion of NUREG-1437. This issue will be addressed in individual license renewal reviews.

[61 FR 66546, Dec. 18, 1996, as amended at 62 FR 59276, Nov. 3, 1997; 64 FR 48507, Sept. 3, 1999]

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194-029 D-01--3

APPENDIX B TO PART 52-DESIGN CERTIFI

CATION RULE FOR THE SYSTEM 80+ DESIGN APPENDIX C TO PART 52-DESIGN CERTIFICATION RULE FOR THE AP600 DESIGN APPENDICES D-L TO PART 52 [RESERVED] APPENDIX M TO PART 52-STANDARDIZATION OF DESIGN; MANUFACTURE OF NUCLEAR POWER REACTORS; CONSTRUCTION AND OPERATION OF NUCLEAR POWER REACTORS MANUFACTURED PURSUANT TO COMMISSION LICENSE APPENDIX N TO PART 52-STANDARDIZATION OF NUCLEAR POWER PLANT DESIGNS: LICENSES TO CONSTRUCT AND OPERATE NUCLEAR POWER REACTORS OF DUPLICATE DESIGN AT MULTIPLE SITES

APPENDIX O TO PART 52-STANDARDIZATION OF
DESIGN: STAFF REVIEW OF STANDARD DE-
SIGNS

APPENDIX P TO PART 52 [RESERVED]
APPENDIX Q TO PART 52-PRE-APPLICATION
EARLY REVIEW OF SITE
ISSUES

SUITABILITY

AUTHORITY: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846).

SOURCE: 54 FR 15386, Apr. 18, 1989, unless otherwise noted.

GENERAL PROVISIONS

§ 52.1 Scope.

This part governs the issuance of early site permits, standard design certifications, and combined licenses for nuclear power facilities licensed under Section 103 or 104b of the Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242). This part also gives notice to all persons who knowingly provide to any holder of or applicant for an early site permit, standard design certification, or combined license, or to a contractor, subcontractor, or consultant of any of them, components, equipment, materials, or other goods or services, that relate to the activities of a holder of or applicant for an early site permit, standard design certification, or combined license, subject to this part, that they may be individually subject to NRC enforcement action for violation of § 52.9.

[63 FR 1897, Jan. 13, 1998]

§ 52.3 Definitions.

As used in this part,

a com

(a) Combined license means bined construction permit and operating license with conditions for a nuclear power facility issued pursuant to subpart C of this part.

(b) Early site permit means a Commission approval, issued pursuant to subpart A of this part, for a site or sites for one or more nuclear power facilities.

(c) Standard design means a design which is sufficiently detailed and complete to support certification in accordance with subpart B of this part, and which is usable for a multiple number of units or at a multiple number of sites without reopening or repeating the review.

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$52.5 Interpretations.

Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission.

§ 52.8 Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0151.

(b) The approved information collection requirements contained in this part appear in §§ 52.15, 52.17, 52.29, 52.35, 52.45, 52.47, 52.51, 52.57, 52.63, 52.75, 52.77, 52.78, 52.79, 52.89, 52.91, 52.99, and appendices A, B, and C.

[62 FR 52188, Oct. 6, 1997, as amended at 64 FR 72015, Dec. 23, 1999]

$52.9 Deliberate misconduct.

(a) Any holder of, or applicant for, an early site permit, standard design certification, or combined license, including its employees, contractors, subcontractors, or consultants and their employees, who knowingly provides to any holder of, or applicant for, an early site permit, standard design certification, or combined license, or to a contractor, subcontractor or consultant of any of them, equipment, materials, or other goods or services that relate to the activities of a holder of, or applicant for, an early site permit, standard design certification or combined license in this part, may not:

(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a holder of, or applicant for, an early site permit, standard design certification, or combined license, to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any permit, certification or license issued by the Commission; or

(2) Deliberately submit to the NRC, a holder of, or applicant for, an early site permit, standard design certification, or combined license, or a contractor, subcontractor, or consultant of any of them, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.

(c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:

(1) Would cause a holder of, or applicant for, an early site permit, standard design certification, or combined license, to be in violation of any rule,

regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or

(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a holder of, or applicant for, an early site permit, certified design or combined license, or a contractor or subcontractor of any of them.

[63 FR 1897, Jan. 13, 1998]

Subpart A-Early Site Permits $52.11 Scope of subpart.

This subpart sets out the requirements and procedures applicable to Commission issuance of early site permits for approval of a site or sites for one or more nuclear power facilities separate from the filing of an application for a construction permit or combined license for such a facility.

§ 52.13 Relationship to subpart F of 10 CFR part 2 and appendix Q of this part.

The procedures of this subpart do not replace those set out in subpart F of 10 CFR part 2 or appendix Q of this part. Subpart F applies only when early review of site suitability issues is sought in connection with an appliction for a permit to construct certain power facilities. Appendix Q applies only when NRC staff review of one or more site suitability issues is sought separately from and prior to the submittal of a construction permit. A Staff Site Report issued under appendix Q in no way affects the authority of the Commission or the presiding officer in any proceeding under subpart F or G of 10 CFR part 2. Subpart A applies when any person who may apply for a construction permit under 10 CFR part 50 or for a combined license under 10 CFR part 52 seeks an early site permit from the Commission separately from an application for a construction permit or a combined license for a facility.

§ 52.15 Filing of applications.

(a) Any person who may apply for a construction permit under 10 CFR part 50, or for a combined license under 10 CFR part 52, may file with the Director

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