[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40557-40559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14427]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-456 and 50-457; NRC-2022-0134]


Constellation Energy Generation, LLC; Braidwood Station, Unit 
Nos. 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Facility Operating License No. NPF-72 and 
NPF-77, issued to Constellation Energy Generation, LLC, for operation 
of the Braidwood Station, Unit Nos. 1 and 2. The proposed amendments 
would change Technical Specifications (TS) Surveillance Requirement 
(SR) 3.7.9.2 to allow an ultimate heat sink (UHS) temperature of <= 
102.8 [deg]F (degree Fahrenheit) through September 30, 2022.

DATES: Submit comments by August 8, 2022. Requests for a hearing or 
petition for leave to intervene must be filed by September 6, 2022.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0134. 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.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2022-0134 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0134.
     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 LAR is available under ADAMS 
ML22154A203.
     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. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2022-0134 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating Licenses No. NPF-72 and NPF-77, issued to Constellation 
Energy Generation, LLC, for operation of the Braidwood Station, Unit 
Nos. 1 and 2, located in Will County, Illinois.
    The proposed amendments would change TS SR 3.7.9.2 to allow a UHS 
temperature of less than or equal to 102.8 [deg]F through September 30, 
2022.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the LAR involves no 
significant hazards consideration (NSHC). Under the NRC's regulations 
in Sec.  50.92 of title 10 of the Code of Federal Regulations (10 CFR), 
this means that operation of the facility in accordance with the 
proposed amendment would 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. As required by 10 CFR 50.91(a), the licensee has 
provided its NSHC analysis, which is presented below:
    1. Does the proposed change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The likelihood of a malfunction of any systems, structures, or 
components (SSCs) supported by the Ultimate Heat Sink (UHS) is not 
significantly increased by increasing the allowable UHS temperature 
from <=102[deg]F to <=102.8[deg]F. The UHS provides a heat sink for 
process and operating heat from safety related components during a 
transient or accident, as well as during normal operation. The proposed 
change

[[Page 40558]]

does not make any physical changes to any plant SSCs, nor does it alter 
any of the assumptions or conditions upon which the UHS is designed. 
The UHS is not an initiator of any analyzed accident. All equipment 
supported by the UHS has been evaluated to demonstrate that their 
performance and operation remains as described in the UFSAR [updated 
final safety analysis report] with no increase in probability of 
failure or malfunction. The SSCs credited to mitigate the consequences 
of postulated design basis accidents remain capable of performing their 
design basis function. The change in maximum UHS temperature has been 
evaluated using the UFSAR described methods to demonstrate that the UHS 
remains capable of removing normal operating and post-accident heat. 
The change in UHS temperature and resulting containment response 
following a postulated design basis accident has been demonstrated to 
not be impacted. Additionally, all the UHS supported equipment, 
credited in the accident analysis to mitigate an accident, has been 
shown to continue to perform their design function as described in the 
UFSAR. Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated. The 
proposed change does not introduce any new modes of plant operation, 
change the design function of any SSC, or change the mode of operation 
of any SSC. There are no new equipment failure modes or malfunctions 
created as affected SSCs continue to operate in the same manner as 
previously evaluated and have been evaluated to perform as designed at 
the increased UHS temperature and as assumed in the accident analysis. 
Additionally, accident initiators remain as described in the UFSAR and 
no new accident initiators are postulated as a result of the increase 
in UHS temperature. Therefore, the proposed change does not create the 
possibility of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change continues to ensure that the maximum 
temperature of the cooling water supplied to the plant SSCs during a 
UHS design basis event remains within the evaluated equipment limits 
and capabilities assumed in the accident analysis. The proposed change 
does not result in any changes to plant equipment function, including 
setpoints and actuations. All equipment will function as designed in 
the plant safety analysis without any physical modifications. The 
proposed change does not alter a limiting condition for operation, 
limiting safety system setting, or safety limit specified in the 
Technical Specifications. The proposed change does not adversely impact 
the UHS inventory required to be available for the UFSAR described 
design basis accident involving the worst case 30-day period including 
losses for evaporation and seepage to support safe shutdown and 
cooldown of both Braidwood Station units. Additionally, the structural 
integrity of the UHS is not impacted and remains acceptable following 
the change, thereby ensuring that the assumptions for both UHS 
temperature and inventory remain valid. Therefore, since there is no 
adverse impact of this proposed change on the Braidwood Station safety 
analysis, there is no reduction in the margin of safety of the plant.
    The NRC staff has reviewed the licensee's analysis and based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a NSHC.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves a NSHC. Any comments 
received within 30 days after the date of publication of this notice 
will be considered in making any final determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 60-day notice period. However, if circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the notice period, provided that its final determination is that the 
amendment involves NSHC. The final determination will consider all 
public and State comments received. If the Commission takes action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
The Commission expects that the need to take this action will occur 
very infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of NSHC, the Commission will make a final 
determination on the issue of no significant hazards consideration, 
which will serve to establish when the hearing is held. If the final 
determination is that the amendment request involves no significant 
hazards consideration, the Commission may issue the amendment and make 
it immediately effective, notwithstanding the request for a hearing. 
Any hearing would take place after issuance of the amendment. If the 
final determination is that the amendment request involves a 
significant hazards consideration, then any hearing held would take 
place before the issuance of the amendment unless the Commission finds 
an imminent danger to the health or safety of the public, in which case 
it will issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).

[[Page 40559]]

    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS ML20340A053 and on 
the NRC's public website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00 
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated June 3, 2022 (ADAMS 
ML22154A203).
    Attorney for licensee: Jason Zorn, Associate General Counsel 
Constellation Energy Generation, LLC 101 Constitution Ave NW, Suite 
400E, Washington, DC 20001.
    NRC Branch Chief: Nancy Salgado.

    Dated: June 30, 2022.

    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.
[FR Doc. 2022-14427 Filed 7-6-22; 8:45 am]
BILLING CODE 7590-01-P