Nuclear Plant Journal, May-June 2014 NuclearPlantJournal.com
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management programs. Most aging
management programs are common
across the industry; therefore, by 2017 or
2018, when the first subsequent license
renewal applications are expected to be
filed, there will be considerable operating
experience available for subsequent
license renewal applicants to draw upon.
Thus, from a safety perspective, the
existing time window for applications
is more than adequate to ensure that
sufficient operating experience is
available for subsequent license renewal
applications.
Moreover, the Staff’s proposal
presents potential business planning
challenges for utilities, particularly under
current market conditions. While SECY-
14-0016 suggests that business planning
“can still be accomplished,” there is no
safety basis for imposing new business
planning restrictions on plant owners
who must plan for the future of the
commercial nuclear fleet.Any rulemaking
will introduce uncertainty and delay
for the first set of subsequent license
renewal
applicants.
First-of-a-kind
subsequent license renewal applications
typically require considerable time to
prepare, so the regulatory requirements
should be in place well in advance.
The NRC’s establishment of a more
restrictive business planning window
could lead owners of safe and otherwise
economically-viable nuclear plants to
replace those assets with fossil-fueled
generation.
Finally, the continuing validity of site
characteristics and design parameters at a
plant is a question that should be handled
as part of the NRC’s ongoing oversight
of plant operations, which is outside of
the license renewal process. Under the
first principle of license renewal, if these
parameters must be reevaluated to ensure
that the licensing basis for all plants
provides and maintains an adequate level
of safety, then this must be done as part
of ongoing regulatory oversight under
10 CFR Part 50, not during the license
renewal review.
The Road Ahead
The NRC Commissioners are now
considering the NRC Staff’s proposals.
The decisions made in the coming
months will determine whether the NRC
carries forward the well-established,
robust, stable, and successful regulatory
framework for license renewal, or
embarks upon a new rulemaking, with
the attendant introduction of uncertainty
and delay while the regulatory process
is in flux. Under current energy market
conditions, the NRC’s decision could
make the difference for the future of our
nation’s cleanest and most reliable source
of electrical power.
Contact: Ray P. Kuyler, Morgan,
Lewis & Bockius LLP, 1111 Pennsylvania
Avenue, NW, Washington, DC 20004;
telephone: (202) 739-5146, fax: (202)
739.3001,
