The Nuclear Regulatory Commission recently issued final rules to modernize the NRC’s environmental review process to support the anticipated growth in new reactor applications.
Both final rules are effective 30 days after publication in the Federal Register (on May 13), APPA noted.
RIN 3150-AK55
RIN 3150-AK55 codifies the generic environmental findings from NUREG 2249, the “Generic Environmental Impact Statement for Licensing of New Nuclear Reactors” (GEIS).
It establishes a technology neutral framework that identifies which of the environmental impacts of constructing, operating, and decommissioning new reactors are common across reactor types and sites and therefore suitable for generic analysis, and which reactor impacts require project specific review.
By doing this, the NRC aims to streamline National Environmental Policy Act (NEPA) reviews and accelerate licensing decisions for new reactors.
The rule introduces several major regulatory changes, including a new Appendix C to Part 51 that codifies the GEIS findings and commits the NRC to reviewing them on a 10 year cycle.
It updates requirements for environmental reports submitted by applicants to allow them to reference the GEIS rather than conduct duplicative analyses, and directs NRC staff to rely on the GEIS when preparing draft and final environmental impact statements for applications that reference it.
The NRC is also attempting to enhance administrative efficiency in the final rule via regulatory guide 4.2 and interim staff guidance COL ISG 030. The commission claims this would help both applicants and staff apply the GEIS consistently in an attempt to enhance regulatory predictability and reduce unnecessary litigation.
The NRC claims that final rule will lead to cost savings of $37.7 million over ten years by reducing the burden on both applicants and NRC staff and allowing resources to focus on site specific issues rather than repetitive generic evaluations. The commission claims that this will lead to greater regulatory stability, clarity, and predictability for new reactor developers, particularly those pursuing advanced reactor designs.
RIN 3150-AL59
RIN 3150-AL59 revises NRC regulations to increase flexibility in conducting mandatory hearings in licensing proceedings. This is in response to directives from the ADVANCE Act of 2024 (Pub. L. 118-67) and Executive Order 14300 “Ordering the Reform of the Nuclear Regulatory Commission.”
In background information, the rule says that mandatory hearings under Section 189 of the Atomic Energy Act (AEA) have historically included prescriptive environmental findings, which stem from the 1971 decision in Calvert Cliffs' Coordinating Committee, Inc. v. Atomic Energy Commission. The rule states that these findings are not legally required because neither the AEA nor NEPA mandates particular hearing findings, and the Calvert Cliffs decision only requires that environmental issues receive equal treatment to safety issues, not that presiding officers make enumerated NEPA findings.
The rule removes these findings entirely and makes extensive conforming edits to 10 CFR Parts 2, 50, 51, 52, and 53 to ensure that references to hearings apply only to contested hearings unless otherwise specified. It clarifies that the adjudicatory procedures in Part 2 do not apply to mandatory hearings, removes outdated references to presiding officers and the Atomic Safety and Licensing Board in contexts where electronic dockets have superseded older requirements, and eliminates language in Parts 52 and 53 that unnecessarily links the NRC’s licensing findings to the conduct of a mandatory hearing.
The revisions also update provisions governing limited work authorizations, environmental report considerations, and record of decision procedures to reflect a new distinction between contested and uncontested proceedings.
Collectively, these changes modernize the NRC’s procedural framework and align it with the broader regulatory reform effort mandated by Executive Order 14300, APPA noted.
The NRC concludes that the rule will streamline the licensing process by allowing mandatory hearings to occur earlier and with fewer procedural constraints, potentially shortening the overall review timeline without altering safety or environmental review standards. Because the rule removes requirements rather than adding them, the NRC expects minimal implementation costs.
