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Backgrounder on Reactor License Renewal

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Introduction

          Based on the Atomic Energy Act, the Nuclear Regulatory Commission (NRC) issues licenses for commercial power reactors to operate for up to 40 years and allows these licenses to be renewed for up to another 20 years. A 40-year license term was selected on the basis of economic and antitrust considerations, not technical limitations.

          The decision whether to seek license renewal rests entirely with nuclear power plant owners, and typically is based on the plant's economic situation and whether it can meet NRC requirements. There are 104 reactors in the U.S. originally licensed to operate for 40 years. To date, the NRC has approved license renewal for 50 reactors.

          The NRC has established a license renewal process that can be completed in a reasonable period of time with clear requirements to assure safe plant operation for up to an additional 20 years of plant life.

Background

          In 1982, based on a widely attended workshop on nuclear power plant aging, the NRC established a comprehensive program for Nuclear Plant Aging Research. Based on the results of that research, a technical review group concluded that many aging phenomena are readily manageable and do not pose technical issues that would preclude life extension for nuclear power plants.

          In 1991, the NRC published safety requirements for license renewal as 10 CFR Part 54 (Title 10 of the Code of Federal Regulations, Part 54). The NRC then undertook a demonstration program to apply the rule to pilot plants and develop experience to establish implementation guidance. To establish a scope of review, the rule defined age-related degradation unique to license renewal. However, during the demonstration program, the NRC found that many aging effects are dealt with adequately during the initial license period. In addition, the NRC found that the rule did not allow sufficient credit for existing programs, particularly those under NRC’s maintenance rule, which also helps manage plant-aging phenomena.

          As a result, in 1995, the NRC amended the license renewal rule. The amended Part 54 established a regulatory process that is more efficient, more stable and more predictable than the previous license renewal rule. In particular, Part 54 was clarified to focus on managing the adverse effects of aging.

          The rule changes were intended to ensure that important systems, structures and components would continue to perform their intended function during the 20-year period of extended operation. NRC's responsibilities under the National Environmental Policy Act call for a review of the environmental impact of license renewal. In parallel with aging efforts, the NRC pursued a separate rulemaking, 10 CFR Part 51, to focus the scope of review of environmental issues.

          Industry representatives participated in working groups and technical committees, coordinated by the Nuclear Energy Institute, to address generic technical and process issues. Each of the owner groups formulated generic license renewal guidance.

License Renewal Process

          The license renewal process proceeds along two tracks -- one for review of safety issues (Part 54) and another for environmental issues (Part 51). An applicant must provide NRC an evaluation that addresses the technical aspects of plant aging and describes the ways those effects will be managed. It must also prepare an evaluation of the potential impact on the environment if the plant operates for another 20 years. The NRC reviews the application and verifies evaluations through inspections.

• Public Involvement

  Public participation is an important part of the license renewal process. There are several opportunities for members of the public to question how aging will be managed during the period of extended operation. Information provided by the licensee is made available to the public in a variety of ways. Shortly after the NRC receives a renewal application, a public meeting is normally held near the nuclear power plant to provide the public information about the license renewal process and opportunities for public involvement, and to solicit input on the scope of NRC’s environmental review. Additional public meetings are held by the NRC during the review of the renewal application, and NRC evaluations, findings and recommendations are published when completed.

  All public meetings are posted on NRC's Web site at http://www.nrc.gov/public-involve.html, with key ones being announced in press releases and in the Federal Register. Concerns may be litigated in an adjudicatory hearing if any party that would be adversely affected requests a hearing. In addition, members of the public may petition the Commission for consideration of issues other than the management of the effects of aging during the period of extended operation of the plant.

• Schedule

  A nuclear power plant licensee may apply to the NRC to renew its license as early as 20 years before expiration of its current license. There is no limit on how late a licensee may apply for license renewal. However, if the licensee submits a renewal application that is sufficient for the NRC’s review at least five years before expiration of its current license and the agency is still reviewing the application at the end of the five years, the plant can continue to operate until the NRC completes its review. If a sufficient application is not submitted at least five years before and the current license expires before the review has been completed, the plant may have to cease operations until the renewal decision is made.

  License renewal is expected to take about 30 months, including the time to conduct an adjudicatory hearing, if necessary, or 22 months without a hearing. In some cases, the process is completed on a plant-specific schedule agreed upon with the applicant. Upon receipt of a license renewal application, the review is conducted, in general, according to the steps in the following table:

  Licensing Milestone	Months Elapsed
  Receive renewal application	0
  Publish notice of opportunity for hearing	1.5
  Conduct public meeting on license renewal process and scope of environmental impact statement	2.5
  Opportunity for hearing closes	3.5
  Pose environmental questions to applicant	5.5
  Pose safety questions to applicant	6.0
  Issue draft environmental impact statement for comment	11.0
  Conduct public meeting on draft environmental impact statement	12.0
  Issue safety evaluation report, identifying open items	13.0
  Issue final environmental impact statement	18.0
  Issue safety evaluation report	18.0
  Complete Advisory Committee on Reactor Safety Review	20.0
  Make decision on application (without hearing)	22.0
  Complete hearing process (if needed)	--­
  Make decision on application (with hearing)	30.0

Environmental Reviews

          Environmental protection regulations were revised in December 1996 to facilitate the environmental review for license renewal. Certain issues are evaluated generically for all plants, rather than separately in each plant's renewal application. The generic evaluation, NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants" (GEIS), assesses the scope and impact of environmental effects that would be associated with license renewal at any nuclear power plant site such as endangered species, impacts of cooling water systems on fish and shellfish, and ground water quality. A plant-specific supplement to the generic environmental impact statement is required for each application for license renewal.

          The NRC performs plant-specific reviews of the environmental impacts of license renewal in accordance with the National Environmental Policy Act (NEPA) and the requirements of 10 CFR Part 51. The public meeting held near the nuclear power plant shortly after receipt of the application is to "scope out" or identify environmental issues specific to the plant for the license renewal action. The result is an NRC recommendation on whether the environmental impacts are so great that they preclude license renewal. This recommendation is presented in a draft plant-specific supplement to the GEIS that is published for comment and discussed at a separate public meeting. After consideration of comments on the draft, NRC prepares and publishes a final plant-specific supplement to the GEIS.

Safety Reviews

          License renewal requirements for power reactors are based on two key principles:

1. The current regulatory process is adequate to ensure that the licensing basis of all operating plants provides and maintains an acceptable level of safety; and



2. Each plant's licensing basis is required to be maintained during the renewal term in the same manner and to the same extent as during the original licensing term.

          An applicant must identify all plant systems, structures and components that are safety-related, or whose failure could affect safety-related functions, and that are relied on to demonstrate compliance with the NRC's regulations for fire protection, environmental qualification, pressurized thermal shock, anticipated transients without scram, and station blackout.

          For some passive structures and components within the scope of the renewal evaluation, no additional action may be required where an applicant can demonstrate that the existing programs provide adequate aging management throughout the period of extended operation. However, if additional aging management activities are warranted for a structure or component within the scope of the rule, applicants will have the flexibility to determine appropriate actions. These activities could include, for example, adding new monitoring programs or increasing inspections.

          License renewal applicants are also required to identify and update time-limited aging analyses. During the design phase for a plant, certain assumptions about the length of time the plant will be operated are incorporated into design calculations for several of the plant's systems, structures, and components.

          Under a renewed license, these calculations must be shown to be valid for the period of extended operation, or the affected systems, structures and components must be included in an appropriate aging management program.

          The NRC developed guidance for implementation of the license renewal rule with input from interested stakeholders. A Generic Aging Lessons Learned (GALL) report (NUREG-1801) was prepared and made publicly available. The report documents the basis for determining when existing programs are adequate and when existing programs should be augmented for license renewal. The GALL report is referenced in the standard review plan for license renewal (NUREG-1800) as the basis for identifying those programs that warrant particular attention during NRC's review of a license renewal application.

          The NRC also issued Regulatory Guide 1.188, which provides the format and content of the safety aspects of a license renewal application. It endorses a guideline prepared by the Nuclear Energy Institute as an acceptable method of implementing the license renewal rule. The NRC will continue to include changes to the guide and the standard review plan as generic renewal issues are resolved, as well as other changes resulting from lessons learned and process improvements identified during the review of renewal applications.

Inspections

          The NRC has established an inspection program for license renewal that verifies the information in the application and NRC's evaluation. The inspections sample the results of the process used by the licensee to identify those structures and components within the scope of license renewal, aging management programs, and design analysis changes.

          An additional inspection is performed upon approval of the application and issuance of a new operating license, and prior to entering the period of extended operation. This inspection verifies that the license conditions and license renewal commitments are implemented in accordance with 10 CFR Part 54, and that aging management programs are implemented consistent with the descriptions contained in the updated final safety analysis report. Inspection results are documented in a publicly available report.

Hearings

          The Commission expects that hearings be conducted on an efficient and reliable schedule, while ensuring fair resolution of contested issues. In addition, there should be timely identification of any open generic policy issues for Commission decision and effective integration of the review of technical issues into the adjudicatory process.

          The Commission amended its regulations concerning its rules of practice to make the NRC’s hearing process more effective and efficient (Federal Register Vol. 69, page 2182, January 14, 2004). Hearing procedures are tailored to the differing types of licensing and regulatory activities the NRC conducts and will better focus limited resources of involved parties and the NRC.

Status of License Renewal Applications

          Some licensees have expressed interest in license renewal and have described their plans to submit license renewal applications. In anticipation of continued interest by licensees in submitting renewal applications in the coming years, and with increasing experience in reviewing license renewal applications, the NRC expects to make the renewal review process more efficient.

          The status of pending planned applications as well as additional information on license renewal can be found at: http://www.nrc.gov/reactors/operating/licensing/renewal.html, on the NRC web site.  See the following table for the status of license renewal applications.

Status of License Renewal Applications

December 2008