IN RESPONSE, PLEASE 

 REFER TO: M121206A 

December 6, 2012 

MEMORANDUM FOR: R. W. Borchardt 

 Executive Director for Operations 

 Brooke Poole, Director 

Office of Commission Appellate Adjudication 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS - AFFIRMATION SESSION, 9:25 A.M., 

THURSDAY, DECEMBER 6, 2012, COMMISSIONERS' 

CONFERENCE ROOM, ONE WHITE FLINT NORTH, 

ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE) 

I. SECY-12-0063 – Final Rule: Revisions to Environmental Review for Renewal of 

Nuclear Power Plant Operating Licenses (10 CFR Part 51; RIN 3150–AI42) 

The Commission approved a final rule amending Title 10 of the Code of Federal Regulations

(10 CFR) Part 51, “Environmental Protection Regulations for Domestic Licensing and Related 

Regulatory Functions.” The final rule will redefine the number and scope of the environmental 

impact issues that must be addressed by the NRC and applicants during license renewal 

environmental reviews. This rule incorporates lessons learned and knowledge gained from 

license renewal environmental reviews conducted by the NRC since 1996. 

Following incorporation of attached changes, the Federal Register notice should be reviewed by 

the Rulemaking, Directives, and Editing Branch in the Office of Administration and forwarded to 

the Office of the Secretary for signature. The Office of the Secretary will provide the modified 

rulemaking package to the Commission for review 10 business days prior to its transmittal to the 

Office of the Federal Register for publication. 

The staff should include instructions in the Environmental Standard Review Plan (Chapter 5.1, 

section IV of NUREG 1555, supplement 1, revision 1) to explicitly reference the entire phrase 

“the probability-weighted consequences of severe accidents are small” when reiterating the 

conclusion of the GEIS in site-specific reviews. 

When the staff updates the 2010 Waste Confidence Decision (WCD) and Temporary Storage 

Rule (TSR), conforming changes will need to be made to the GEIS and associated rule. The 

staff should determine the appropriate time to make those conforming changes, with the 

expectation that whichever option the staff chooses—either making the changes concurrent with 

the WCD and TSR update or waiting until those actions are completed—should not adversely 

impact the WCD and TSR 24-month schedule. 
II. SECY-12-0124 – Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc. 

(Pilgrim Nuclear Power Station), Jones River Watershed Association and Pilgrim Watch 

Petition for Review of LBP-12-11 

The Commission1

 approved a Memorandum and Order responding to a petition for review by 

Pilgrim Watch and Jones River Watershed Association of the Atomic Safety and Licensing 

Board’s decision in LBP-12-11, which denied a request to reopen the proceeding and admit a 

new contention. The Memorandum and Order denies the petition for review. 

(Subsequently, on December 6, 2012, the Secretary signed the Memorandum and Order.) 

Attachment: Changes to the Final Rule in SECY-12-0063 

cc: Chairman Macfarlane 

 Commissioner Svinicki 

 Commissioner Apostolakis 

 Commissioner Magwood 

 Commissioner Ostendorff 

 EDO 

 OGC 

 CFO 

 OCAA 

 OCA 

 OIG 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR 

 

 1 Commissioner Apostolakis did not participate in this matter. 
Attachment 

Changes to the Final Rule in SECY-12-0063. 

1. The Generic Environmental Impact Statement (GElS) and rulemaking package should 

be modified in light of the D.C. Circuit Court's decision in New York v. NRC. The staff 

should remove those sections of the GElS and rulemaking package that refer to and rely 

upon the 2010 Waste Confidence update and include any necessary explanations for 

the changes. 

2. The staff should revise the Federal Register Notice to include an explanation of the 

scope of license renewal reviews—with respect to both safety and environmental 

reviews—and the interaction between safety and environmental reviews.