Public Involvement

in the Nuclear

Regulatory Process

1

Public Involvement in the Nuclear Regulatory Process

Introduction ....................................................................................................... 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

Table of Contents
Public Involvement in the Nuclear Regulatory Process

2

Introduction

Public involvement in the Nuclear

Regulatory Commission’s activities is a cornerstone of strong, fair

regulation of the nuclear industry.

The NRC recognizes the public’s

interest in the proper regulation of

nuclear activities and provides opportunities for citizens to make

their opinions known. The NRC

seeks to elicit public involvement

early in the regulatory process so

that safety concerns that may affect a community can be resolved

in a timely and practical manner.

This process is considered vital to

assuring the public that the NRC

is making sound, balanced decisions about nuclear safety.

This booklet briefly describes various ways you

can learn about and participate in the NRC’s

regulatory process.

Anyone may provide

comments or voice

concerns at critical

junctures in the development of safety rules,

including decisions about

(1) where to locate and

whether to license a nuclear

facility, (2) ongoing issues about

a facility’s operation or termination, and (3) a facility’s impact on

the environment.

Notices of opportunities for involvement are published in the

Federal Register, and sometimes

on the Internet. The Federal Register is a daily publication announcing rules, policies, and other important

actions of the Federal Government.

Copies are available at many

local libraries, at the NRC’s

Public Document Room (PDR) in

Rockville, Marlyland, and on the

internet. For major actions, the NRC

issues press releases, which reach the

public through local newspaper

articles, mailings, and the Internet.
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Public Involvement in the Nuclear Regulatory Process

The rulemaking process is described in detail in the Commission’s regulations in Title 10 of

the Code of Federal Regulations in

Part H, Section 2.802.

All rulemakings provide the public with at least one opportunity for

comments. Often, there are several opportunities. In some cases,

NRC holds meetings and workshops before a proposed rule is

drafted. This way, members of the

public can express their concerns

early in the process and identify

important issues to be covered in

the rule. Sometimes, the NRC

may publish an Advance Notice of

Proposed Rulemaking in the Federal Register to obtain public comments and provide clarification of

certain issues before developing a

proposed rule.

When a proposed rule is developed, it is published in the Federal Register for public comment.

The notice identifies an NRC contact who can reply to questions and

provides an address for sending

comments. The agency may hold

meetings and workshops to discuss the proposed rule, explain its

purpose and background, and receive further comments. These

meetings are normally announced

Rulemakings

One of the primary duties of the

NRC is to establish regulations on

the safe use of nuclear materials.

These regulations address such issues as siting, design, construction,

operation, and ultimate shutdown

of nuclear power plants, uranium

mills, fuel facilities, waste repositories, and transportation systems.

NRC regulations also address

other uses of nuclear materials,

such as nuclear medicine programs

at hospitals, academic activities,

research work, industrial applications such as the use of gauges and

testing equipment, and the import

and export of nuclear materials and

technologies. The process of developing these regulations is called

“rulemaking.” A regulation is

sometimes referred to as a “rule.”

Rulemaking is initiated mostly by

NRC’s technical staff, although

any member of the public may petition the NRC to develop, change,

or rescind any regulation. Petitions

should be addressed to:

The Secretary

U.S. Nuclear Regulatory

Commission

Washington, D.C., 20555-0001.
Public Involvement in the Nuclear Regulatory Process

4

in the Federal Register. Comments are factored into the final

rule, which, like the proposed rule,

is again published in the Federal

Register. The NRC issues press

releases for rules that have strong

public interest. In addition, an

electronic bulletin board is available which provides the status of

all rulemakings in progress. This

interactive Ruleworking Forum is

located at http://ruleforum.llnl.gov

on the Internet.

Policy statements, Commission

guidance, and generic communications with licensees that have

significant public interest are

often handled like a rulemaking, offering an opportunity for

public comment.

Licensing

Before a company can propose to

site, construct, or operate a nuclear

power plant or any other nuclearrelated facility or to engage in

the use of radioactive materials, it

must apply to NRC for a license.

The licensing process includes

approval of the initial license,

amendments, license renewals, and

applications for exemptions from

NRC regulations.

As part of the prelicensing process,

the public is notified through the

Federal Register, press releases,

and local advertisements that an

application has been received. Notices regarding opportunities for

hearings or public comment on all

licensing actions, including

amendments to a facility’s operating license, or license renewal proceedings, are published in the Federal Register. For nuclear power

plants, individuals who are directly

affected by the proceeding may

participate in a formal

hearing. However,

for materials licenses and fuel

cycle facilities,

most hearings are

informal.
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Public Involvement in the Nuclear Regulatory Process

utilities may decide instead to request an extension of their licenses

to continue to produce electricity

up to 20 years past the original license under the NRC plant license

renewal rule. In either case, the

public has an opportunity to participate in NRC’s decisionmaking

process to either renew a license

or decommission a facility.

This process is also used in licensing and decommissioning nuclear

materials facilities, such as those

handling low-level radioactive

waste. When facilities stop operating, the owners must initiate decommissioning to remove or reIf local interest is strong, the

NRC may decide to hold public

meetings in the vicinity of a proposed facility. Notices of local

meetings may be mailed to citizens’ groups and civic and government leaders in the community and may be advertised in local newspapers.

Decommissioning

and License Renewal

When a nuclear power plant

approaches the end of its initial

40-year operating license period,

the utility that operates it may

choose to decommission the plant

and terminate its license. Other
Public Involvement in the Nuclear Regulatory Process

6

duce radioactive contamination

that might have occurred at the site

during operation. The NRC has

developed a list of sites in the

United States that warrant special

oversight because of unique decommissioning issues.

The public may become involved

in the decommissioning process for

these sites during the development

of an Environmental Assessment

(EA) or an Environmental Impact

Statement (EIS). These terms are

described in more detail below. The

NRC also provides opportunities

for public involvement through

roundtable meetings. They are convened when the NRC believes that

enhanced public involvement will

contribute to the success of the decommissioning process. The NRC

conducts roundtable meetings in the

vicinity of the site to enable the

public to collect information, to

comment on and question the decommissioning actions at the site,

and to discuss decommissioning issues among stakeholders. The

roundtable format includes representatives of Federal and State

agencies, interest groups, and the

community. Meetings are usually

announced in local newspapers or

on local radio stations.

High-Level Waste

The projected licensing of a highlevel waste (HLW) repository is a

first-time endeavor for NRC, and

one in which public participation

started well before an actual license

application. All meetings regarding the HLW program are open to

the public and noticed in the Federal Register. Up-to-date information on future meetings and other

important activities regarding the

HLW program can be obtained on

the Internet at http://www.nrc.gov.

Nuclear power plants can store

spent nuclear fuel in independent

spent fuel storage installations

(ISFSIs) on the premises of the

plant under either a specific or a

general license from the NRC.

Applications for a specific license

would be handled the same as other

licensing actions—with full notice

and participation by the affected

community on use of storage containers at the facility. Under the

terms of an NRC general license,

any nuclear power reactor licensee

can use a pre-approved storage

cask if the company notifies the

NRC in advance, meets the conditions of the cask’s NRC certificate

of compliance, and complies with

the NRC’s regulations. Before
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Public Involvement in the Nuclear Regulatory Process

approving a cask design for use under a general license, the NRC

publishes a notice of proposed

rulemaking in the Federal Register for public comment and issues

a press release.

Environmental Impacts

When the NRC reviews a proposal

to build a major new facility or

considers any other action that

might have a significant impact on

the environment, an Environmental Impact Statement (EIS) must be

developed by the NRC staff. The

concept of an EIS originated in the

National Environmental Policy Act

(NEPA), which requires Federal

evaluation of a proposed facility’s

impact on the environment. This

is a detailed, scientific study

describing the environmental effects of the proposed action or facility. For example, the EIS includes information on the physical characteristics of the area—

geology, water, and air—the

ability of transportation systems to support the facility,

and local population information.

An Environmental Assessment

(EA) is usually prepared and published in the Federal Register as a

precursor to an EIS. An EA is a

brief discussion of the need for the

proposed action, along with a list

of the agencies and experts consulted. If the EA indicates the proposed action or facility will not

have a significant effect on the environment, no EIS is required.

Scoping meetings provide a forum for members of the public to

express their opinion and provide

information in preparation for

environmental evaluations.

These meetings are often held to

help NRC identify issues to be

addressed in an

EIS and typically involve

State and local agencies,

Indian tribes,
Public Involvement in the Nuclear Regulatory Process

8

take other appropriate enforcement

action to resolve a problem identified by a 2.206 petition.

Once a petition is accepted for review, and throughout the petition

process, the petitioner is informed

of progress, given copies of all relevant correspondence, and may be

offered an informal public hearing,

if appropriate. An informal public

hearing is offered when the petition presents new information that

raises a significant safety issue or

alleges a violation of NRC requirements involving a significant

safety issue for which new information or a new approach is provided. The NRC publishes a notice in the Federal Register when

it receives a 2.206 petition and

again 30 days in advance of an informal public hearing.

Electronic information on

petitions is available at http://

www.nrc.gov/what-we-do/

regulatory/enforcement/

petition.html. More detailed information on this process is contained in a pamphlet entitled

“Public Petition Process,”

NUREG/BR-0200, which is

available from the Government

Printing Office and NRC’s Office

of Public Affairs.

or other interested people who

request participation.

For example, while the NRC was

developing its decommissioning

rule, the agency conducted four

scoping meetings around the country to gather public comments regarding the EIS and the clean-up

criteria for the decontamination

and decommissioning of NRClicensed facilities.

Petitions

Any member of the public may

raise potential health and safety

issues in a petition to the NRC to

take specific enforcement action

regarding a licensed, operating facility. This provision is contained

in Subpart B, Section 2.206 of the

NRC’s regulations and is often referred to as a “2.206 petition.” In

general, the petition is submitted

in writing to the Executive Director for Operations and includes

specific facts supporting the request for the NRC to take enforcement action. Unsupported assertions of safety problems or general

opposition to nuclear power are

not considered sufficient grounds

for action. If warranted, the NRC

could take action to modify, suspend, or revoke a license, or could
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Public Involvement in the Nuclear Regulatory Process

Reporting Safety

Concerns

Often workers at nuclear power

plants or members of the public

raise concerns that safety rules are

not being followed at the facilities

where they work or near where

they live. The NRC has established a formal process for reviewing and resolving these concerns.

The NRC encourages workers in

the nuclear industry to take their

concerns directly to their employer

because he or she has the primary

responsibility for maintaining safe

operations. However, should employees not be satisfied by company response or choose to bring

safety concerns directly to the

NRC, they may do so by calling

NRC’s toll-free safety hotline,

1-800-695-7403. Any member of

the public may voice safety concerns in this same manner. Additional information on reporting

safety concerns is found in

“Reporting Safety Concerns to the

NRC,” NUREG/BR-0240, from

NRC’s Office of Public Affairs.

Enforcement

The NRC’s enforcement program

seeks to protect public health and

safety by ensuring that licensees

comply with regulations and

license conditions. Enforcement

actions might take the form of notices of violations, civil penalties,

or orders to modify, suspend, or

revoke licenses. Predecisional

enforcement conferences are often

held with a licensee, a vendor, or

other person before the NRC
Public Involvement in the Nuclear Regulatory Process

10

makes its final decision on a significant enforcement action. In

most cases, these conferences are

open to public observation. The

NRC issues press releases announcing all open enforcement

conferences, as it does with public meetings (see the following section, “Public Meetings”). In addition, summaries of all enforcement

conferences, NRC actions, and licensee responses are available in the

NRC’s Public Document Room.

Public Meetings

The public can keep abreast of

NRC’s regulatory activities

through a variety of open meetings

dealing with significant safety issues. These include most technical meetings with licensees and

meetings with trade organizations

and public interest groups. Often,

the NRC staff meets with licensees to discuss their safety performance. These meetings are open

for public observation.

In some cases, meetings are held

in the community near a nuclear

power plant or other facility to

make it easier for the public to participate. If a community expresses

concern over licensing or other

actions involving a facility nearby,

the NRC may hold public meetings

near the site to explain the NRC’s

role as it relates to the licensee’s

planned activities and to answer

questions posed by local citizens.

Public meetings may

also be held when a

licensee submits a plan

to decommission a

facility. Other open

meetings may be held

at one of the NRC

regional offices or at
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Public Involvement in the Nuclear Regulatory Process

NRC Headquarters in Rockville,

Maryland.

The types of meetings that are not

usually open to the public include

discussions of classified, proprietary, or safeguards information;

ongoing investigations; privacy information; inspector meetings with

licensee management and technical

staff on site; or meetings that could

pose a significant administrative

burden and interfere with NRC’s

primary safety responsibilities.

Schedules of all NRC meetings

are available electronically at

http://www.nrc.gov/public-involve/public-meetings/meetingschedule.html.

Weekly lists of staff meetings are also posted in the

agency’s public document room

in Rockville, Maryland.

For staff meetings, a listing is

available at least 10 calendar days

in advance of the date of the meeting. Notices for Commission and

Advisory Committee meetings are

published in the Federal Register.

Persons interested in the activities of

a particular committee may call or

write the NRC Advisory Committee

Management Officer, Office of the

Secretary, Washington, D.C. 20555-

0001; telephone 301-415-1968.

The agency’s policy regarding

open meetings is described in more

detail in NRC’s Management

Directive 3.5, “Public Attendance

at Certain Meetings Involving the

NRC Staff” (available from the

Government Printing Office).

In addition to these mechanisms,

the NRC announces major meetings

in press releases issued to the news

media and mailed to more than

1,000 addressees. Notices are

posted in the Public Document
Public Involvement in the Nuclear Regulatory Process

12

Room and sometimes through advertisements placed in local newspapers several days in advance of

a meeting.

Freedom of Information

Acts Requests

The NRC releases information to

the public related to its health and

safety mission by placing documents in its Public Document

Room. However, under the Freedom of Information Act (FOIA),

members of the public may request

copies of other NRC documents

and, unless these records fall under

specific Federal exemptions, the

NRC will provide access to them

within 20 working days after the

request is received. Under certain

circumstances, fees are charged to

cover the cost of locating and copying the requested material.

Freedom of information inquiries may be addressed to the

FOIA/PA officer, U.S. Nuclear

Regulatory Commission, Washington, D.C. 20555-0001.

General

Correspondence

At any time, of course, a member of

the public can request information in

writing or identify concerns about

nuclear facilities through regular

correspondence. Routine correspondence between NRC and its licensees is made available in the Public

Document Room. General correspondence should be addressed to the

Office of the Secretary, U.S. Nuclear

Regulatory Commission, Washington, D.C. 20555-0001.

For Additional

Information

For more information on public involvement, contact the NRC

Office of Public Affairs by telephone at 301-415-8200, or

via Internet electronic mail at

<OPA@NRC.GOV>.

For more detailed descriptions of how

to obtain information from the NRC,

you can order a copy of the latest

revision to the “Citizen’s Guide

to NRC Information,” NUREG/

BR-0010, by writing to the Superintendent of Documents, Government

Printing Office, Mail Stop SSOP,

Washington, DC, 20402-0001 or at

http://bookstore.gpo.gov/.

NUREG/BR-0215, Rev. 2

October 2004