Appendix Q to Part 50 - Pre-Application Early Review of Site Suitability Issues
10:1.0.1.1.30.0.117.88.37 : Appendix Q
Appendix Q to Part 50 - Pre-Application Early Review of Site
Suitability Issues
This appendix sets out procedures for the filing, Staff review,
and referral to the Advisory Committee on Reactor Safeguards of
requests for early review of one or more site suitability issues
relating to the construction and operation of certain utilization
facilities separately from and prior to the submittal of
applications for construction permits for the facilities. The
appendix also sets out procedures for the preparation and issuance
of Staff Site Reports and for their incorporation by reference in
applications for the construction and operation of certain
utilization facilities. The utilization facilities are those which
are subject to § 51.20(b) of this chapter and are of the type
specified in § 50.21(b) (2) or (3) or § 50.22 or are testing
facilities. This appendix does not apply to proceedings conducted
pursuant to subpart F of part 2 of this chapter.
1. Any person may submit information regarding one or more site
suitability issues to the Commission's Staff for its review
separately from and prior to an application for a construction
permit for a facility. Such a submittal shall be accompanied by any
fee required by part 170 of this chapter and shall consist of the
portion of the information required of applicants for construction
permits by §§ 50.33(a)-(c) and (e), and, insofar as it relates to
the issue(s) of site suitability for which early review is sought,
by §§ 50.34(a)(1) and 50.30(f), except that information with
respect to operation of the facility at the projected initial power
level need not be supplied.
2. The submittal for early review of site suitability issue(s)
must be made in the same manner and in the same number of copies as
provided in §§ 50.4 and 50.30 for license applications. The
submittal must include sufficient information concerning a range of
postulated facility design and operation parameters to enable the
Staff to perform the requested review of site suitability issues.
The submittal must contain suggested conclusions on the issues of
site suitability submitted for review and must be accompanied by a
statement of the bases or the reasons for those conclusions. The
submittal must also list, to the extent possible, any long-range
objectives for ultimate development of the site, state whether any
site selection process was used in preparing the submittal,
describe any site selection process used, and explain what
consideration, if any, was given to alternative sites.
3. The Staff shall publish a notice of docketing of the
submittal in the Federal Register, and shall send a copy of the
notice of docketing to the Governor or other appropriate official
of the State in which the site is located. This notice shall
identify the location of the site, briefly describe the site
suitability issue(s) under review, and invite comments from
Federal, State, and local agencies and interested persons within
120 days of publication or such other time as may be specified, for
consideration by the staff in connection with the initiation or
outcome of the review and, if appropriate by the ACRS, in
connection with the outcome of their review. The person requesting
review shall serve a copy of the submittal on the Governor or other
appropriate official of the State in which the site is located, and
on the chief executive of the municipality in which the site is
located or, if the site is not located in a municipality, on the
chief executive of the county. The portion of the submittal
containing information required of applicants for construction
permits by §§ 50.33(a)-(c) and (e) and 50.34(a)(1) will be referred
to the Advisory Committee on Reactor Safeguards (ACRS) for a review
and report. There will be no referral to the ACRS unless early
review of the site safety issues under § 50.34(a)(1) is
requested.
4. Upon completion of review by the NRC staff and, if
appropriate by the ACRS, of a submittal under this appendix, the
NRC staff shall prepare a Staff Site Report which shall identify
the location of the site, state the site suitability issues
reviewed, explain the nature and scope of the review, state the
conclusions of the staff regarding the issues reviewed and state
the reasons for those conclusions. Upon issuance of an NRC Staff
Site Report, the NRC staff shall publish a notice of the
availability of the report in the Federal Register and shall make
the report available at the NRC Web site,
http://www.nrc.gov. The NRC staff shall also send a copy of
the report to the Governor or other appropriate official of the
State in which the site is located, and to the chief executive of
the municipality in which the site is located or, if the site is
not located in a municipality, to the chief executive of the
county.
5. Any Staff Site Report prepared and issued in accordance with
this appendix may be incorporated by reference, as appropriate, in
an application for a construction permit for a utilization facility
which is subject to § 51.20(b) of this chapter and is of the type
specified in § 50.21(b) (2) or (3) or § 50.22 of this chapter or is
a testing facility. The conclusions of the Staff Site Report will
be reexamined by the staff where five years or more have elapsed
between the issuance of the Staff Site Report and its incorporation
by reference in a construction permit application.
6. Issuance of a Staff Site Report shall not constitute a
commitment to issue a permit or license, to permit on-site work
under § 50.10(e), or in any way affect the authority of the
Commission, Atomic Safety and Licensing Appeal Panel, Atomic Safety
and Licensing Board, and other presiding officers in any proceeding
under subpart F and/or G of part 2 of this chapter.
7. The staff will not conduct more than one review of site
suitability issues with regard to a particular site prior to the
full construction permit review required by subpart A of part 51 of
this chapter. The staff may decline to prepare and issue a Staff
Site Report in response to a submittal under this appendix where it
appears that, (a) in cases where no review of the relative merits
of the submitted site and alternative sites under subpart A of part
51 of this chapter is requested, there is a reasonable likelihood
that further Staff review would identify one or more preferable
alternative sites and the Staff review of one or more site
suitability issues would lead to an irreversible and irretrievable
commitment of resources prior to the submittal of the analysis of
alternative sites in the Environmental Report that would prejudice
the later review and decision on alternative sites under subpart F
and/or G of part 2 and subpart A of part 51 of this chapter; or (b)
in cases where, in the judgment of the Staff, early review of any
site suitability issue or issues would not be in the public
interest, considering (1) the degree of likelihood that any early
findings on those issues would retain their validity in later
reviews, (2) the objections, if any, of cognizant state or local
government agencies to the conduct of an early review on those
issues, and (3) the possible effect on the public interest of
having an early, if not necessarily conclusive, resolution of those
issues.
[42 FR 22887, May 5, 1977, as amended at 49 FR 9405, Mar. 12, 1984;
51 FR 40311, Nov. 6, 1986; 53 FR 43420, Oct. 27, 1988; 64 FR 48952,
Sept. 9, 1999]