[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34410-34412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15271]
[[Page 34410]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-461; NRC-2019-0107]
Exelon Generation Company LLC; Clinton Power Station Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a November 8, 2018, request from Exelon
Generation Company, LLC (Exelon) to allow Exelon to submit a sufficient
license renewal application for Clinton Power Station, Unit 1, at least
3 years prior to the expiration of the existing license and still
receive timely renewal protection.
DATES: The exemption was issued on July 11, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0107 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0107. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Joel S. Wiebe, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-6606, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated at Rockville, Maryland, this 15th day of July, 2019.
For the Nuclear Regulatory Commission.
Joel S. Wiebe,
Senior Project Manager, Licensing Projects Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
ATTACHMENT--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-461
Exelon Generation Company, LLC
Clinton Power Station, Unit 1
Exemption
I. Background
Exelon Generation Company, LLC (Exelon, the licensee), holds
Facility Operating License No. NPF-62, which authorizes operation of
the Clinton Power Station, Unit 1 (CPS), a boiling-water reactor
facility, located in Dewitt County, Illinois. The license, among other
things, subjects the facility to all rules, regulations, and orders of
the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or
hereafter in effect. The current operating license for CPS expires on
April 17, 2027.
By letter dated November 8, 2018 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML18312A139), Exelon requested
an exemption to allow Exelon to submit a license renewal application
for CPS at least 3 years prior to the expiration of the existing
license and, if found to be sufficient by the NRC, still receive timely
renewal protection under Title 10 of the Code of Federal Regulations
(10 CFR), Part 2, Section 2.109(b). 10 CFR 2.109(b) provides timely
renewal protection to licensees that submit sufficient license renewal
applications at least 5 years before the expiration of the existing
license. In its application, Exelon informed the NRC that the economic
viability of continued operation of CPS beyond the current expiration
date of its NRC license is uncertain. According to Exelon, due to
continuing and significant changes in the economic and legislative
environments that materially affect continued CPS operation, Exelon
will not be in a position to make a reasonable and sound business
decision 5 years prior to the expiration of the CPS license as to
whether to pursue license renewal. Exelon contends that allowing it to
make that decision at a later date, when the economic viability of
extended CPS operation can be more readily assessed, will result in
more efficient use of both Exelon and NRC financial and other
resources.
II. Request/Action
10 CFR 54.17(a) requires that an application for a renewed license
be in accordance with Subpart A of 10 CFR, Part 2, which includes 10
CFR 2.109(b). In turn, 10 CFR 2.109(b) states, ``If the licensee of a
nuclear power plant licensed under 10 CFR 50.21(b) or 50.22 files a
sufficient application for renewal of either an operating license or a
combined license at least 5 years before the expiration of the existing
license, the existing license will not be deemed to have expired until
the application has been finally determined.'' In its letter dated
November 8, 2018, Exelon requested an exemption from 10 CFR 54.17(a) to
allow Exelon to submit its license renewal application for CPS at least
3 years prior to the expiration of the existing license and still
receive timely renewal protection under 2.109(b). 10 CFR 54.15 allows
exemptions from the requirements of Part 54 in accordance with 10 CFR
50.12.
III. Discussion
Under 10 CFR 54.15, exemptions from the requirements of Part 54 are
governed by 10 CFR 50.12. Pursuant to 10 CFR 50.12, the Commission may,
upon application by any interested person or upon its own initiative,
grant exemptions from the requirements of 10 CFR part 50 when (1) the
exemptions are authorized by law, will not present an undue risk to
public health or safety, and are consistent with the common defense and
security; and (2) when special circumstances are present, as defined in
10 CFR 50.12(a)(2). In its application, Exelon stated that three
special circumstances apply to its request: 10 CFR 50.12(a)(2)(ii),
``[a]pplication of the regulation in the particular circumstances would
not serve the underlying purpose of the rule or is not necessary to
achieve the underlying purpose of the rule;'' 10 CFR 50.12(a)(2)(iii),
``[c]ompliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by
others similarly situated;'' and 10 CFR 50.12(a)(2)(vi), other material
circumstances not considered when the regulation was adopted are
present, such that granting the exemption is in the public interest.
[[Page 34411]]
A. The Exemption Is Authorized by Law
This exemption would allow Exelon to submit a license renewal
application for CPS at least 3 years prior to the expiration of its
existing license and, if sufficient, still receive timely renewal
protection under 10 CFR 2.109(b). 10 CFR 2.109 implements Section 9(b)
of the Administrative Procedure Act (APA), 5 U.S.C. 558(c), which
states:
When the licensee has made timely and sufficient application for
a renewal or a new license in accordance with agency rules, a
license with reference to an activity of a continuing nature does
not expire until the application has been finally determined by the
agency.
The 5-year time period specified in 10 CFR 2.109 is the result of a
discretionary agency rulemaking and not required by the APA. As stated
above, 10 CFR 54.15 allows the NRC to grant exemptions from the
requirements of 10 CFR part 54. The NRC has determined that granting
this exemption will not result in a violation of the Atomic Energy Act
of 1954, as amended, the APA, or the NRC's regulations. Therefore, the
exemption is authorized by law.
B. The Exemption Presents no Undue Risk to Public Health and Safety
The requested exemption to allow a 3-year time period, rather than
the 5 years specified in 10 CFR 2.109(b), for Exelon to submit a
sufficient license renewal application and receive timely renewal
protection is a scheduling change. The action does not change the
manner in which the plant operates and maintains public health and
safety because no additional changes are made as a result of the
action. The NRC expects that a period of 3 years provides sufficient
time for the NRC to perform a full and adequate safety and
environmental review, and for the completion of the hearing process.
Pending final action on the license renewal application, the NRC will
continue to conduct all regulatory activities associated with
licensing, inspection, and oversight, and will take whatever action may
be necessary to ensure adequate protection of the public health and
safety. The existence of this exemption does not affect NRC's
authority, applicable to all licenses, to modify, suspend, or revoke a
license for cause, such as a serious safety concern. Based on the
above, the NRC finds that the action does not cause undue risk to
public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The requested exemption to allow for a timely renewal protection
deadline of at least 3 years instead of 5 years is a scheduling change.
The exemption does not change any site security matters. Therefore, the
NRC finds that the action is consistent with the common defense and
security.
D. Special Circumstances
The purpose of 10 CFR 2.109(b), as it is applied to nuclear power
reactors licensed by the NRC, is to implement the ``timely renewal''
provision of Section 9(b) of the APA, 5 U.S.C. 558(c), which states:
When the licensee has made timely and sufficient application for
a renewal or a new license in accordance with agency rules, a
license with reference to an activity of a continuing nature does
not expire until the application has been finally determined by the
agency.
The underlying purpose of this ``timely renewal'' provision in the
APA is to protect a licensee who is engaged in an ongoing licensed
activity and who has complied with agency rules in applying for a
renewed or new license from facing license expiration as the result of
delays in the administrative process.
On December 13, 1991, the NRC published the final license renewal
rule, 10 CFR, Part 54, with associated changes to 10 CFR, Parts 2, 50,
and 140, in the Federal Register (56 FR 64943). The statement of
considerations (SOC) discussed the basis for establishing the latest
date for filing license renewal applications and the timely renewal
doctrine (56 FR 64962). The SOC stated that:
Because the review of a renewal application will involve a
review of many complex technical issues, the NRC estimates that the
technical review would take approximately 2 years. Any necessary
hearing could likely add an additional year or more. Therefore, in
the proposed rule, the Commission modified Sec. 2.109 to require
that nuclear power plant operating license renewal applications be
submitted at least 3 years prior to their expiration in order to
take advantage of the timely renewal doctrine.
No specific comment was received concerning the proposal to add
a 3-year provision for the timely renewal provision for license
renewal. The current regulations require licensees to submit
decommissioning plans and related financial assurance information on
or about 5 years prior to the expiration of their operating
licenses. The Commission has concluded that, for consistency, the
deadline for submittal of a license renewal application should be 5
years prior to the expiration of the current operating license. The
timely renewal provisions of Sec. 2.109 now reflect the decision
that a 5-year time limit is more appropriate.
Thus, the NRC originally estimated that 3 years was needed to
review a renewal application and complete any hearing that might be
held on the application. The NRC changed its original estimate from 3
years to 5 years to have consistent deadlines for when licensees must
submit their decommissioning plans and when they must submit their
license renewal application to receive timely renewal protection. The
NRC's current schedule for review of license renewal applications is to
complete its review and make a decision on issuing the renewed license
within 22 months of receipt without a hearing. If a hearing is held,
the NRC's model schedule anticipates completion of the NRC's review,
the hearing process, and issuance of a decision on issuing the license
within 30 months of receipt.
However, it is recognized that the estimate of 30 months for
completion of a contested hearing is subject to variation in any given
proceeding. A period of 3 years (36 months), nevertheless, is expected
to provide sufficient time for performance of a full and adequate
safety and environmental review, and completion of the hearing process.
Meeting this schedule is based on a complete and sufficient application
being submitted and on the review being completed in accordance with
the NRC's established license renewal review schedule.
Based on the above, the NRC finds that the special circumstance of
10 CFR 50.12(a)(2)(ii) is present in the particular circumstances of
CPS.
It should be noted, among the key matters central to resolution of
issues associated with renewal of the operating license and also to the
application of the ``timely renewal'' doctrine is the submission of a
sufficient application. Completing the license renewal review process
on schedule is, of course, dependent on licensee cooperation in meeting
established schedules for submittal of any additional information
required by the NRC, and the resolution of all issues demonstrating
that issuance of a renewed license is warranted.
E. Environmental Considerations
The NRC's approval of the exemption to scheduling requirements
belongs to a category of actions that the NRC, by rule or regulation,
has declared to be a categorical exclusion, after first finding that
the category of actions does not individually or cumulatively have a
significant effect on the human environment. Specifically, the
exemption is categorically excluded from further analysis under 10 CFR
51.22(c)(25).
Under 10 CFR 51.22(c)(25), the granting of an exemption from the
requirements of any regulation of chapter 10 is a categorical exclusion
[[Page 34412]]
provided that (i) there is no significant hazards consideration; (ii)
there is no significant change in the types or significant increase in
the amounts of any effluents that may be released offsite; (iii) there
is no significant increase in individual or cumulative public or
occupational radiation exposure; (iv) there is no significant
construction impact; (v) there is no significant increase in the
potential for or consequences from radiological accidents; and (vi) the
requirements from which an exemption is sought involve certain
categories of requirements, including scheduling requirements.
The Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, has determined that the granting of the
exemption request involves no significant hazards consideration because
allowing the submittal of the license renewal application at least 3
years before the expiration of the existing license while maintaining
the protection of the timely renewal provision in 10 CFR 2.109(b) does
not (1) involve a significant increase in the probability or
consequences of an accident previously evaluated; or (2) create the
possibility of a new or different kind of accident from any accident
previously evaluated; or (3) involve a significant reduction in a
margin of safety. The exemption constitutes a change to the schedule by
which Exelon must submit its license renewal application and still
receive timely renewal protection and, therefore, is unrelated to any
operational restriction. Accordingly, there is no significant change in
the types or significant increase in the amounts of any effluents that
may be released offsite, and no significant increase in individual or
cumulative public or occupational radiation exposure. The exempted
regulation is not associated with construction, so there is no
significant construction impact. The exempted regulation does not
concern the source term (i.e., potential amount of radiation in an
accident) nor mitigation. Thus, there is no significant increase in the
potential for, or consequences of, a radiological accident.
Therefore, pursuant to 10 CFR 51.22(b) and (c)(25), no
environmental impact statement or environmental assessment need be
prepared in connection with the approval of this exemption request.
IV. Conclusions
Accordingly, the NRC has determined that, pursuant to 10 CFR 54.15
and 10 CFR 50.12, the exemption is authorized by law, will not present
an undue risk to the public health and safety, and is consistent with
the common defense and security. Also, special circumstances are
present. Therefore, the NRC hereby grants Exelon Generation Company,
LLC, a one-time exemption for CPS, from 10 CFR 54.17(a) to allow the
submittal of the CPS license renewal application at least 3 years
remaining prior to expiration of the operating license while
maintaining the protection of the timely renewal provision in 10 CFR
2.109(b).
Dated at Rockville, Maryland, this 11th day of July 2019.
For the Nuclear Regulatory Commission.
/RA/
Gregory F. Suber,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2019-15271 Filed 7-17-19; 8:45 am]
BILLING CODE 7590-01-P