[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20417-20420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07975]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-220; NRC-2021-0082]
Exelon Generation Company, LLC; Nine Mile Point Nuclear Station,
Unit 1
AGENCY: Nuclear Regulatory Commission.
[[Page 20418]]
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to a September 11, 2020, request from Exelon
Generation Company, LLC (Exelon), to allow Exelon to submit a
subsequent license renewal application for Nine Mile Point Nuclear
Station, Unit 1, at least 3 years prior to the expiration of the
existing license and, if it is found sufficient, still receive timely
renewal protection.
DATES: The exemption was issued on April 9, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0082 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-2021-0082. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michael L. Marshall Jr., Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-2871, email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 13, 2021.
For the Nuclear Regulatory Commission.
Michael L. Marshall,
Senior Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-220
Exelon Generation Company, LLC
Nine Mile Point Nuclear Station, Unit 1
Exemption
I. Background
Exelon Generation Company, LLC (Exelon, the licensee), is the
holder of Renewed Facility Operating License No. DPR-63 which
authorizes operation of the Nine Mile Point Nuclear Station (Nine Mile
Point), Unit 1, a boiling-water reactor located in Scriba, New York (6
miles northeast of Oswego, New York). The license provides, among other
things, that the facility is subject to all rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC, Commission) now
or hereafter in effect. The current operating license for Nine Mile
Point, Unit 1, expires on August 22, 2029.
By letter dated September 11, 2020 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20255A001), Exelon requested
an exemption that would allow submittal of a subsequent license renewal
application (SLRA) for Nine Mile Point, Unit 1, at least 3 years prior
to the expiration of the existing license and, if the NRC finds the
application sufficient for docketing, to still receive timely renewal
protection under title 10 of the Code of Federal Regulations (10 CFR)
Part 2, Section 2.109(b). Pursuant to 10 CFR 2.109(b), the NRC provides
timely renewal protection to licensees that submit a sufficient license
renewal application at least 5 years before the expiration of the
existing license.
II. Request/Action
Under 10 CFR 54.17(a), the NRC requires that the filing of an
application for a renewed license be in accordance with, among other
regulations, 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 September 11, 2020, Exelon requested an exemption from 10
CFR 54.17(a) to allow Exelon to submit its SLRA for Nine Mile Point,
Unit 1, at least 3 years prior to the expiration of the existing
license and still receive timely renewal protection under 10 CFR
2.109(b).
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) 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. The three special circumstances
that Exelon included in its request are:
(1) The special circumstance in 10 CFR 50.12(a)(2)(ii) states,
``[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;''
(2) The special circumstance in 10 CFR 50.12(a)(2)(iii) states,
``[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;''
(3) The special circumstance in 10 CFR 50.12(a)(2)(vi) states,
``[t]here is present other material circumstance not considered when
the regulation was adopted for which it would be in the public interest
to grant an exemption.''
A. The Exemption Is Authorized by Law
This exemption would allow Exelon to submit a sufficient SLRA for
Nine Mile Point, Unit 1, at least 3 years prior to the expiration of
its existing license and still receive timely renewal protection under
10 CFR 2.109(b). Section 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.
[[Page 20419]]
The 5-year time period specified in 10 CFR 2.109 is the result of a
discretionary agency rulemaking under Sections 161 and 181 of the
Atomic Energy Act of 1954, as amended, and not required by the APA. As
stated above, 10 CFR 54.17(a) requires that the filing of an
application for a renewed license be in accordance with, among other
regulations, 10 CFR 2.109(b). In addition, 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 SLRA 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 SLRA,
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 discussed the basis for establishing the latest date for
filing license renewal applications and the timely renewal doctrine (56
FR 64962). The statement of considerations 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 to complete any hearing that might be
held on the application. The NRC changed its original deadline from 3
years to 5 years to have consistent deadlines for when licensees must
submit their decommissioning plans and related financial assurance
information and when they must submit their license renewal application
to receive timely renewal protection.
Application of the 5-year period in 10 CFR 2.109(b) is not
necessary to achieve the underlying purpose of the timely renewal
provision in the regulation if Exelon files a sufficient Nine Mile
Point, Unit 1, SLRA at least 3 years prior to expiration of the
license. The NRC's current schedule for review of SLRAs is to complete
its review and make a decision on issuing the renewed license within 18
months of receipt if there is no hearing. If a hearing is held, the
NRC's model schedule anticipates completion of the NRC's review and of
the hearing process, and issuance of a decision on the license renewal
application 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 circumstance of
Nine Mile Point, Unit 1.
In addition, the NRC finds that the special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the circumstances of Nine Mile Point,
Unit 1. Compliance with Sec. 2.109(b) would result in undue hardship
or other costs that are significantly in excess of those contemplated
when the regulation was adopted. In its application, Exelon stated that
the decision to continue power operation at Nine Mile Point, Unit 1,
depended on economic and legislative factors that evolved in a way that
did not permit the preparation and submission of an SLRA 5 years prior
to the license expiration date. Exelon further stated that if the
exemption is not granted, and it submits its SLRA less than 5 years
before license expiration, then Exelon would face the risk of being
forced to shut down if the application is not approved before the
current license expires. The impact of changes in economic and
legislative conditions on licensees' decisions to pursue license
renewal was not a factor considered at the time the timely renewal rule
was issued. The NRC therefore finds that the special circumstance of 10
CFR 50.12(a)(2)(iii) also is present. Because the NRC staff finds that
special circumstances exist under 10 CFR 50.12(a)(2)(ii) and 10 CFR
50.12(a)(2)(iii), the NRC staff did not consider whether special
circumstances
[[Page 20420]]
also exist under 10 CFR 50.12(a)(2)(vi), as presented by Exelon in its
exemption request.
E. Environmental Considerations
The NRC has determined that the issuance of the requested exemption
meets the provisions of categorical exclusion 10 CFR
51.22(c)(25)(vi)(G). Under 10 CFR 51.22(c)(25), the granting of an
exemption from the requirements of any regulation of chapter 10
qualifies as a categorical exclusion if (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
involves scheduling requirements. The basis for NRC's determination is
provided in the following evaluation of the requirements in 10 CFR
51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i)
To qualify for a categorical exclusion under 10 CFR
51.22(c)(25)(i), the exemption must involve a no significant hazards
consideration. The criteria for making a no significant hazards
consideration determination are found in 10 CFR 50.92(c). The NRC 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. Therefore, the
requirements of 10 CFR 51.22(c)(25)(i) are met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
The exemption constitutes a change to the schedule by which Exelon
must submit its SLRA and still receive timely renewal protection, which
is administrative in nature, and does not involve any change in the
types or significant increase in the amounts of effluents that may be
released offsite and does not contribute to any significant increase in
occupational or public radiation exposure. 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. Therefore, the requirements of 10 CFR 51.22(c)(25)(ii) and
(iii) are met.
Requirements in 10 CFR 51.22(c)(25)(iv)
The exempted regulation is not associated with construction, and
the exemption does not propose any changes to the site, alter the site,
or change the operation of the site. Therefore, the requirements of 10
CFR 51.22(c)(25)(iv) are met because there is no significant
construction impact.
Requirements in 10 CFR 51.22(c)(25)(v)
The exemption constitutes a change to the schedule by which Exelon
must submit its SLRA and still receive timely renewal protection, which
is administrative in nature, and does not impact the probability or
consequences of accidents. Thus, there is no significant increase in
the potential for, or consequences of, a radiological accident.
Therefore, the requirements of 10 CFR 51.22(c)(25)(v) are met.
Requirements in 10 CFR 51.22(c)(25)(vi)
To qualify for a categorical exclusion under 10 CFR
51.22(c)(25)(vi)(G), the exemption must involve scheduling
requirements. The exemption involves scheduling requirements because it
would allow Exelon to submit a SLRA for Nine Mile Point, Unit 1, at
least 3 years prior to the expiration of the existing license, rather
than the 5 years specified in 10 CFR 2.109(b), and still receive timely
renewal protection under 10 CFR 2.109(b). Therefore, the requirements
of 10 CFR 51.22(c)(25)(vi) are met.
Based on the above, the NRC concludes that the proposed exemption
meets the eligibility criteria for a categorical exclusion set forth in
10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), 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, as
defined in 10 CFR 50.12(a)(2), are present. Therefore, the NRC hereby
grants the licensee a one-time exemption for Nine Mile Point, Unit 1,
from 10 CFR 54.17(a) to allow the submittal of the Nine Mile Point,
Unit 1, SLRA at least 3 years prior to expiration of the operating
license while maintaining the protection of the timely renewal
provision in 10 CFR 2.109(b).
This exemption is effective upon issuance.
Dated: April 9, 2021.
For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2021-07975 Filed 4-16-21; 8:45 am]
BILLING CODE 7590-01-P