Nuclear Energy Institute applauds NRC ruling on Exelon appeal

The Nuclear Energy Institute (NEI) applauded a recent decision by Nuclear Regulatory Commission (NRC) Executive Director of Operations Victor McCree to grant an appeal from Exelon Corp., finding that a new interpretation of existing regulations by NRC staff did not meet the standard to impose changes at two of the company’s power plants.
The decision stems from a change in an NRC staff position, which created a situation where the performance of certain safety valves at Exelon Corp. power plants in Illinois, which had previously been credited, was called into question. To enact any new or amended requirements or interpretations, NRC staff must show that they will yield substantial safety benefits and be cost-justified. In this case, McCree decided that NRC staff had not met those requirements.
The NEI had lobbied for the decision through letters submitted to the NRC in January and June.
"The industry is very pleased, as we strongly supported Exelon's backfitting appeal,” NEI Vice President, General Counsel and Secretary Ellen Ginsberg said. “Adherence to the backfit rule is necessary to ensure that agency and licensee resources are devoted to regulatory initiatives that will yield demonstrable safety and security benefits. Properly applying the backfit rule provides a basis for the agency's regulatory framework to evolve, but in a transparent, predictable and cost-effective manner."