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Public 'If-Ivementin theoiNul clear

RegulatOy Process

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Table of Contents

Introduction ... 2........................2

Rulemakings......................................................................................................3

Licensing ............................ 4

Decommissioning and License Renewal ........................... 5

High-Level Waste ........................... 6

Environmental Impacts ............................ 7

Petitions ........................... 8

Reporting Safety Concerns ........................... 9

Enforcement ............................ 9

Public Meetings ........................... 10

Freedom of Information Act Requests ........................... 12

General Correspondence ............................ 12

For Additional Information ............................ 12

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IntroductionPublic involvement in the NuclearRegulatory Commission's activi-ties is a cornerstone of strong, fairregulation of the nuclear industry.The NRC recognizes the public'sinterest in the proper regulation ofnuclear activities and provides op-portunities for citizens to maketheir opinions known. The NRCseeks to elicit public involvementearly in the regulatory process sothat safety concerns that may af-fect a community can be resolvedin a timely and practical manner.This process is considered vital toassuring the public that the NRCis making sound, balanced deci-sions about nuclear safety.

This booklet briefly de- _%)Gscribes various ways youcan learn about and par-ticipate in the NRC'sregulatory process. ,. .Anyone may providecomments or voice -

concerns at critical Un Bjunctures in the devel-Aopment of safety rules, ,'including decisions about N!(1) where to locate and 4whether to license a nuclear 9facility, (2) ongoing issues abouta facility's operation or termina-

tion, and (3) a facility's impact onthe environment.

Notices of opportunities for in-volvement are published in theFederal Register, and sometimeson the Internet. The Federal Reg-ister is a daily publication announc-ing rules, policies, and other importantactions of the Federal Government.Copies are available at manylocal libraries, at the NRC'sPublic Document Room (PDR) inRockville, Marlyland, and on theintemet. Formajoractions, the NRCissues press releases, which reach thepublic through local newspaperarticles, mailings, and the Internet.

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RulemakingsOne of the primary duties of theNRC is to establish regulations onthe safe use of nuclear materials.These regulations address such is-sues as siting, design, construction,operation, and ultimate shutdownof nuclear power plants, uraniummills, fuel facilities, waste reposi-tories, and transportation systems.NRC regulations also addressother uses of nuclear materials,such as nuclear medicine programsat hospitals, academic activities,research work, industrial applica-tions such as the use of gauges andtesting equipment, and the importand export of nuclear materials andtechnologies. The process of de-veloping these regulations is called"rulemaking." A regulation issometimes referred to as a "rule."

Rulemaking is initiated mostly byNRC's technical staff, althoughany member of the public may pe-tition the NRC to develop,' change,or rescind any regulation. Petitionsshould be addressed to:

The SecretaryU.S. Nuclear Regulatory*

CommissionWashington, D.C., 20555-0001.

The rulemaking process is de-scribed in detail in the Com-mission's regulations in Title 10 ofthe Code of Federal Regulations inPart H, Section 2.802.

All rulemakings provide the pub-lic with at least one opportunity forcomments. Often, there are sev-eral opportunities. In some cases,NRC holds meetings and work-shops before a proposed rule isdrafted. This way, members of thepublic can express their concernsearly in the process and identifyimportant issues to be covered inthe rule. Sometimes, the NRCmay publish an Advance Notice ofProposed Rulemaking in the Fed-eral Register to obtain public com-ments and provide clarification ofcertain issues before developing aproposed rule.

When a proposed rule is devel-oped, it is published in the Fed-eral Register for public comment.The notice identifies an NRC con-tact who can reply to questions andprovides an address for sendingcomments. The agency may holdmeetings and workshops to dis-cuss the proposed rule, explain itspurpose and background, and re-ceive further comments. Thesemeetings are normally announced

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in the Federal Register. Com-ments are factored into the finalrule, which, like the proposed rule,is again published in the FederalRegister. The NRC issues pressreleases for rules that have strongpublic interest. In addition, anelectronic bulletin board is avail-able which provides the status ofall rulemakings in progress. Thisinteractive Ruleworking Forum islocated at http://ruleforum.llnl.govon the Internet.

Policy statements, Commissionguidance, and generic communi-cations with licensees that havesignificant public interest areoften handled like a rulemak-ing, offering an opportunity forpublic comment.

LicensingBefore a company can propose tosite, construct, or operate a nuclearpower plant or any other nuclear-related facility or to engage inthe use of radioactive materials, itmust apply to NRC for a license.The licensing process includesapproval of the initial license,amendments, license renewals, andapplications for exemptions fromNRC regulations.

As part of the prelicensing process,the public is notified through theFederal Register, press releases,and local advertisements that anapplication has been received. No-tices regarding opportunities forhearings or public comment on alllicensing actions, includingamendments to a facility's operat-ing license, or license renewal pro-ceedings, are published in the Fed-eral Register. For nuclear powerplants, individuals who are directlyaffected by the proceeding may

participate in a formalhearing. However,for materials li-censes and fuelcycle facilities,most hearings are

_ | informal.

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If local interest is strong, theNRC may decide to hold publicmeetings in the vicinity of a pro-posed facility. Notices of localmeetings may be mailed to citi-zens' groups and civic and gov-ernment leaders in the commu-nity and may be advertised in lo-cal newspapers.

Decommissioningand License RenewalWhen a nuclear power plantapproaches the end of its initial40-year operating license period,the utility that operates it maychoose to decommission the plantand terminate its license. Other

utilities may decide instead to re-quest an extension of their licensesto continue to produce electricityup to 20 years past the original li-cense under the NRC plant licenserenewal rule. In either case, thepublic has an opportunity to par-ticipate in NRC's decisionmakingprocess to either renew a licenseor decommission a facility.

This process is also used in licens-ing and decommissioning nuclearmaterials facilities, such as thosehandling low-level radioactivewaste. When facilities stop oper-ating, the owners must initiate de-commissioning to remove or re-

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duce radioactive contaminationthat might have occurred at the siteduring operation. The NRC hasdeveloped a list of sites in theUnited States that warrant specialoversight because of unique de-commissioning issues.

The public may become involvedin the decommissioning process forthese sites during the developmentof an Environmental Assessment(EA) or an Environmental ImpactStatement (EIS). These terms aredescribed in more detail below. TheNRC also provides opportunitiesfor public involvement throughroundtable meetings. They are con-vened when the NRC believes thatenhanced public involvement willcontribute to the success of the de-commissioning process. The NRCconducts roundtable meetings in thevicinity of the site to enable thepublic to collect information, tocomment on and question the de-commissioning actions at the site,and to discuss decommissioning is-sues among stakeholders. Theroundtable format includes repre-sentatives of Federal and Stateagencies, interest groups, and thecommunity. Meetings are usuallyannounced in local newspapers oron local radio stations.

High-Level WasteThe projected licensing of a high-level waste (HLW) repository is afirst-time endeavor for NRC, andone in which public participationstarted well before an actual licenseapplication. All meetings regard-ing the HLW program are open tothe public and noticed in the Fed-eral Register. Up-to-date informa-tion on future meetings and otherimportant activities regarding theHLW program can be obtained onthe Internet at http://www.nrc.gov.

Nuclear power plants can storespent nuclear fuel in independentspent fuel storage installations(ISFSIs) on the premises of theplant under either a specific or ageneral license from the NRC.Applications for a specific licensewould be handled the same as otherlicensing actions-with full noticeand participation by the affectedcommunity on use of storage con-tainers at the facility. Under theterms of an NRC general license,any nuclear power reactor licenseecan use a pre-approved storagecask if the company notifies theNRC in advance, meets the condi-tions of the cask's NRC certificateof compliance, and complies withthe NRC's regulations. Before

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approving a cask design for use un-der a general license, the NRCpublishes a notice of proposedrulemaking in the Federal Regis-ter for public comment and issuesa press release.

Environmental ImpactsWhen the NRC reviews a proposalto build a major new facility orconsiders any other action thatmight have a significant impact onthe environment, an Environmen-tal Impact Statement (EIS) must bedeveloped by the NRC staff. Theconcept of an EIS originated in theNational Environmental Policy Act(NEPA), which requires Federalevaluation of a proposed facility'simpact on the environment. Thisis a detailed, scientific studydescribing the environmental ef-fects of the proposed action or fa-cility. For example, the EIS in-cludes information on the physi-cal characteristics of the area-geology, water, and air-theability of transportation sys- jtems to support the facility,and local population informa- Mtion.

An Environmental Assessment(EA) is usually prepared and pub-lished in the Federal Register as aprecursor to an EIS. An EA is abrief discussion of the need for theproposed action, along with a listof the agencies and experts con-sulted. If the EA indicates the pro-posed action or facility will nothave a significant effect on the en-vironment, no EIS is required.

Scoping meetings provide a fo-rum for members of the public toexpress their opinion and provideinformation in preparation forenvironmental evaluations.These meetings are often held tohelp NRC identify issues to be

addressed in anEIS and typi-cally involve

j State and lo-A' dcal agencies,Indian tribes,

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or other interested people whorequest participation.

For example, while the NRC wasdeveloping its decommissioningrule, the agency conducted fourscoping meetings around the coun-try to gather public comments re-garding the EIS and the clean-upcriteria for the decontaminationand decommissioning of NRC-licensed facilities.

PetitionsAny member of the public mayraise potential health and safetyissues in a petition to the NRC totake specific enforcement actionregarding a licensed, operating fa-cility. This provision is containedin Subpart B, Section 2.206 of theNRC's regulations and is often re-ferred to as a "2.206 petition." Ingeneral, the petition is submittedin writing to the Executive Direc-tor for Operations and includesspecific facts supporting the re-quest for the NRC to take enforce-ment action. Unsupported asser-tions of safety problems or generalopposition to nuclear power arenot considered sufficient groundsfor action. If warranted, the NRCcould take action to modify, sus-pend, or revoke a license, or could

take other appropriate enforcementaction to resolve a problem identi-fied by a 2.206 petition.

Once a petition is accepted for re-view, and throughout the petitionprocess, the petitioner is informedof progress, given copies of all rel-evant correspondence, and may beoffered an informal public hearing,if appropriate. An informal publichearing is offered when the peti-tion presents new information thatraises a significant safety issue oralleges a violation of NRC require-ments involving a significantsafety issue for which new infor-mation or a new approach is pro-vided. The NRC publishes a no-tice in the Federal Register whenit receives a 2.206 petition andagain 30 days in advance of an in-formal public hearing.

Electronic information onpetitions is available at http://w ww. nrc . go v/w hat-we-d o/re g u I a t o ry /e n fo rc e m e n t/petition.html. More detailed in-formation on this process is con-tained in a pamphlet entitled"Public Petition Process,"NUREG/BR-0200, which isavailable from the GovernmentPrinting Office and NRC's Officeof Public Affairs.

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Reporting SafetyConcernsOften workers at nuclear powerplants or members of the publicraise concerns that safety rules arenot being followed at the facilitieswhere they work or near wherethey live. The NRC has estab-lished a formal process for review-ing and resolving these concerns.

The NRC encourages workers inthe nuclear industry to take theirconcerns directly to their employerbecause he or she has the primaryresponsibility for maintaining safeoperations. However, should em-ployees not be satisfied by com-pany response or choose to bringsafety concerns directly, to theNRC, they may do so by callingNRC's toll-free safety hotline,

1-800-695-7403. Any member ofthe public may voice safety con-cerns in this same manner. Addi-tional information on reportingsafety concerns is found in"Reporting Safety Concerns to theNRC," NUREG/BR-0240, fromNRC's Office of Public Affairs.

EnforcementThe NRC's enforcement programseeks to protect public health andsafety by ensuring that licenseescomply with -regulations andlicense conditions. Enforcementactions might take the form of no-tices of violations, civil penalties,or orders to modify, suspend, orrevoke licenses. Predecisionalenforcement conferences are oftenheld with a licensee, a vendor, orother person before the NRC

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makes its final decision on a sig-nificant enforcement action. Inmost cases, these conferences areopen to public observation. TheNRC issues press releases an-nouncing all open enforcementconferences, as it does with pub-lic meetings (see the following sec-tion, "Public Meetings"). In addi-tion, summaries of all enforcementconferences, NRC actions, and lic-ensee responses are available in theNRC's Public Document Room.

Public MeetingsThe public can keep abreast ofNRC's regulatory activitiesthrough a variety of open meetingsdealing with significant safety is-

sues. These include most techni-cal meetings with licensees andmeetings with trade organizationsand public interest groups. Often,the NRC staff meets with licens-ees to discuss their safety perfor-mance. These meetings are openfor public observation.

In some cases, meetings are heldin the community near a nuclearpower plant or other facility tomake it easier for the public to par-ticipate. If a community expressesconcern over licensing or otheractions involving a facility nearby,the NRC may hold public meetingsnear the site to explain the NRC'srole as it relates to the licensee'splanned activities and to answerquestions posed by local citizens.

I Public meetings mayalso be held when a

_ _ licensee submits a plan___ to decommission a

facility. Other openmeetings may be heldat one of the NRCregional offices or at

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NRC Headquarters in Rockville,Maryland.

The types of meetings that are notusually open to the public includediscussions of classified, propri-etary, or safeguards information;ongoing investigations; privacy in-formation; inspector meetings withlicensee management and technicalstaff on site; or meetings that couldpose a significant administrativeburden and interfere with NRC'sprimary safety responsibilities.

Schedules of all NRC meetingsare available electronically athttp://www.nrc.gov/public-in-volve/public-meetings/meeting-schedule.html.

Weekly lists of staff meet-ings are also posted in theagency's public document roomin Rockville, Maryland.

For staff meetings, a listing isavailable at least 10 calendar daysin advance of the date of the meet-ing. Notices for Commission andAdvisory Committee meetings arepublished in the Federal Register.

Persons interested in the activities ofa particular committee may call orwrite the NRC Advisory CommitteeManagement Officer, Office of theSecretary, Washington, D.C. 20555-0001; telephone 301415-1968.

The agency's policy regardingopen meetings is described in moredetail in NRC's ManagementDirective 3.5, "Public Attendanceat Certain Meetings Involving theNRC Staff" (available from theGovernment Printing Office).

In addition to these mechanisms,the NRC announces major meetingsin press releases issued to the newsmedia and mailed to more than1,000 addressees. Notices areposted in the Public Document

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Room and sometimes through ad-vertisements placed in local news-papers several days in advance ofa meeting.

Freedom of InformationActs RequestsThe NRC releases infonmation tothe public related to its health andsafety mission by placing docu-ments in its Public DocumentRoom. However, under the Free-dom of Information Act (FOIA),members of the public may requestcopies of other NRC documentsand, unless these records fall underspecific Federal exemptions, theNRC will provide access to themwithin 20 working days after therequest is received. Under certaincircumstances, fees are charged tocover the cost of locating and copy-ing the requested material.

Freedom of information in-quiries may be addressed to theFOIA/PA officer, U.S. NuclearRegulatory Commission, Wash-ington, D.C. 20555-0001.

GeneralCorrespondenceAt any time, of course, a member ofthe public can request infonnation inwriting or identify concemns aboutnuclear facilities through regularcorrespondence. Routine correspon-dence between NRC and its licens-ees is made available in the PublicDocument Room. General corre-spondence should be addressed to theOffice of the Secretary, U.S. NuclearRegulatory Commission, Washing-ton, D.C. 20555-0001.

For AdditionalInformationFor more information on pub-lic involvement, contact the NRCOffice of Public Affairs by tele-phone at 301-415-8200, orvia Internet electronic mail at<OPA@NRC.GOV>.

For more detailed descriptions of howto obtain information from the NRC,you can order a copy of the latestrevision to the "Citizen's Guideto NRC Information," NUREG/BR-0010,bywN iitingtothe Superinten-dent of Documents, GovernmentPrinting Office, Mail Stop SSOP,Washington, DC, 20402-0001 or athttp:/bookstore.ggpo.gov/.

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