[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20523-20526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08061]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244; NRC-2021-0075]
Exelon Generation Company LLC, R.E. Ginna Nuclear Power Plant
AGENCY: Nuclear Regulatory Commission.
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 R.E. Ginna Nuclear Power
Plant, 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 14, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0075 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-2021-0075. 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
[[Page 20524]]
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: V. Sreenivas, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2597, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 14, 2021.
For the Nuclear Regulatory Commission.
Venkataiah Sreenivas,
Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-244
Exelon Generation Company, LLC
R.E. Ginna Nuclear Power Plant
Exemption
I. Background
Exelon Generation Company, LLC (Exelon, the licensee), is the
holder of the Renewed Facility Operating License No. DPR-18 which
authorizes operation of the R.E. Ginna Nuclear Power Plant (Ginna), a
pressurized-water reactor located on the southern shore of Lake
Ontario, in the town of Ontario, Wayne County, 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 Ginna expires on September 18, 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 Ginna 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 Ginna 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
Ginna 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.
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
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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 Ginna 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
Ginna.
In addition, the NRC finds that the special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the circumstances of Ginna. 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 Ginna 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 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
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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 Ginna 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 Ginna, from 10 CFR 54.17(a) to
allow the submittal of the Ginna 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 14, 2021.
For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2021-08061 Filed 4-19-21; 8:45 am]
BILLING CODE 7590-01-P