Introduction

12.237. We have already mentioned several aspects of the licensing and regulation of nuclear plants, which in the United States are the legal re­sponsibility of the Nuclear Regulatory Commission (NRC). Consistent with the need to assure a high level of safety, the procedures required are lengthy, with much documentation required. In the past, two stages of approval have been required, the first for a construction permit, the second after the plant was built, for an operating license. Since public input op­portunities at each stage permitted various groups who were opposed to nuclear power for philosophical and other reasons to obstruct the licensing process, long delays were common. These delays, particularly after the plant was built, added greatly to the financial burden to both the owning utility and the eventual ratepayers. An additional complication has been the need to satisfy requirements at the state level. For example, as a result of objections by New York State authorities regarding emergency planning, the Shoreham Plant, a new 800-MW(el) BWR, was dismantled, starting in 1992, without ever being operated.

12.238. Such experiences have discouraged investment in new nuclear power plants. In fact, the establishment of a stable and predictable licensing environment is considered essential by industry before a new plant is likely to be ordered. There is general agreement that reforms are needed, but they are still evolving during the early 1990s. However, we will describe the essential features of likely licensing reforms that will improve the in­vestment environment and yet satisfy the need to “assure public health and safety.”

12.239. In 1989, the NRC issued a landmark rule, 10 CFR 52, which provides for the certification of standardized plant designs, the issuance of early site permits, and the issuance of a combined construction and op­

erating license. To avoid delays after construction was completed, the pro­cedures were clarified in 1992 to provide for an informal post-construction hearing but limit it to issues of nonconformance to the previously approved combined license. We will describe these steps in the following sections.