Up & Atom

The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and policies. The NRC’s efforts are intended to streamline its NEPA process, consistent with broader federal agency trends, and implement efficiencies mandated by the Fiscal Responsibility Act of 2023 (FRA).

The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to administrative agencies on the depth and breadth of environmental reviews required by the National Environmental Policy Act (NEPA).

The US Environmental Protection Agency’s (EPA’s) Integrated Risk Information System (IRIS) program published for public comment a draft protocol for reassessing the noncancer health effects of natural and depleted uranium via oral ingestion on February 14, 2024. The reassessment will examine whether newly available literature review or scientific analysis data could be considered for updating current hazards or whether there are additional health hazards related to uranium exposure.

The NRC commissioners unanimously approved on January 23, 2023 the publication of a proposed rule to update the NRC’s environmental regulations in Part 51 and issue a draft update to the NRC’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (the GEIS) to encompass both initial and subsequent license renewal (SLR). This rulemaking, when complete, will resolve the dispute about whether 10 CFR 51.53(c)(3) and the GEIS apply to SLR, and will allow the environmental review of pending SLR applications that rely on the GEIS to resume. The proposed rule will soon be published in the Federal Register to allow for public comments on the proposed rule and draft GEIS.

The Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s decision signifies an ambitious push forward to make the LR GEIS applicable to subsequent license renewal (SLR) applications.