[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16246-16249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05998]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249; NRC-2022-0025]
Constellation Energy Generation, LLC; Dresden Nuclear Power
Station, Units 2 and 3
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 an October 28, 2021, request from Exelon
Generation Company, LLC to allow the submittal of sufficient Dresden
Nuclear Power Station, Units 2 and 3, subsequent license renewal
applications no later than 3 years prior to expiration of the existing
renewed operating licenses and still place the licenses in timely
renewal under NRC regulations. On February 1, 2022, Exelon Generation
Company, LLC was renamed Constellation Energy Generation, LLC.
DATES: The exemption was issued on March 15, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0025 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-2022-0025. 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.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays
FOR FURTHER INFORMATION CONTACT: Russell S. Haskell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1129, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: March 16, 2022.
For the Nuclear Regulatory Commission.
Russell S. Haskell,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption.
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-237 and 50-249
Constellation Energy Generation, LLC; Dresden Nuclear Power Station,
Units 2 and 3
Exemption
I. Background
Constellation Energy Generation, LLC (the licensee), is the holder
of Renewed Facility Operating License Nos. DPR-19 and DPR-25 which
authorize operation of the Dresden Nuclear Power Station, Units 2 and
3, respectively. These units are boiling-water reactors located in
Grundy County, Illinois. The licenses provide, among other things, that
the
[[Page 16247]]
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 licenses for Dresden Nuclear Power
Station, Units 2 and 3, expire on December 22, 2029, and January 12,
2031, respectively.
II. Request/Action
By letter dated October 28, 2021, Exelon Generation Company, LLC
requested an exemption from 10 CFR 2.109(b) to allow the subsequent
license renewal applications (SLRAs) for Dresden Nuclear Power Station,
Units 2 and 3, to be submitted no later than 3 years prior to the
expiration of the existing licenses and still receive timely renewal
protection under 10 CFR 2.109(b). On February 1, 2022 (ADAMS Accession
No. ML22032A333), Exelon Generation Company, LLC was renamed
Constellation Energy Generation, LLC.
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), ``Effect of timely renewal application.''
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.''
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, the licensee stated that three
special circumstances apply to its request. The three special
circumstances that the licensee included in its request are:
(1) Application of the regulation would not serve the underlying
purpose of the rule or is not necessary to achieve the underlying
purpose of the rule.
(2) Compliance 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) It is in the public interest to grant the exemption based on
new and material circumstances that did not exist when the NRC adopted
Section 2.109(b).
A. The Exemption Is Authorized by Law
This exemption would allow the licensee to submit sufficient SLRAs
for Dresden Nuclear Power Station, Units 2 and 3, no later than 3 years
prior to the expiration of its existing licenses and the licenses would
still be in timely renewal 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 the licensee to submit
sufficient SLRAs and place the licenses in timely renewal 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
SLRAs, 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 a 3-year time period, rather than
the 5 years specified in 10 CFR 2.109(b), for the licensee to submit
sufficient SLRAs and place the licenses in timely renewal 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 statements of
consideration discussed the basis for establishing the latest date for
filing license renewal applications and the timely renewal doctrine (56
FR 64962). The statements of consideration 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.
[[Page 16248]]
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
applications to place their licenses in timely renewal.
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 the licensee files sufficient Dresden
Nuclear Power Station, Units 2 and 3, SLRAs no later than 3 years prior
to expiration of the licenses. 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
Dresden Nuclear Power Station, Units 2 and 3.
In addition, the NRC finds that the special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the circumstances of Dresden Nuclear
Power Station, Units 2 and 3. 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 (now Constellation) stated that the decision to
continue power operation at Dresden Nuclear Power Station, Units 2 and
3, depended on economic and legislative factors that evolved in a way
that did not permit the preparation and submission of SLRAs 5 years
prior to each unit's license expiration date. The licensee further
stated that if the exemption is not granted, and it submits its SLRAs
less than 5 years before license expiration, then the licensee would
face the risk of being forced to shut down if the application is not
approved before the current licenses expire. 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 the licensee in its exemption request.
E. Environmental Considerations
The NRC has determined that the issuance of the requested exemption
meets the provisions of the categorical exclusion in 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 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 one of several matters, including scheduling requirements
(Sec. 51.22(c)(25)(iv)(G)). 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 no later than 3 years before the expiration
of the existing license and deeming the license in timely renewal under
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 the
licensee must submit its SLRAs and still place the licenses in timely
renewal, 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 the
licensee must submit its SLRAs and still place the licenses in timely
renewal, 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
[[Page 16249]]
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 the licensee to submit SLRAs for Dresden Nuclear Power
Station, Units 2 and 3, no later than 3 years prior to the expiration
of the existing licenses, rather than the 5 years specified in 10 CFR
2.109(b), and still place the licenses in timely renewal 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 requested 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
Dresden Nuclear Power Station, Units 2 and 3, from 10 CFR 2.109(b) to
allow the submittal of the Dresden Nuclear Power Station, Units 2 and
3, SLRAs no later than 3 years prior to expiration of the operating
licenses.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 15th day of March 2022.
For the Nuclear Regulatory Commission.
/RA/
Gregory F. Suber,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2022-05998 Filed 3-21-22; 8:45 am]
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