[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54082-54085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14344]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-456 and 50-457; NRC-2024-0112]


Constellation Energy Generation, LLC; Braidwood Station, Units 1 
and 2; License Amendment Request

AGENCY: Nuclear Regulatory Commission.

ACTION: 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 Renewed Facility Operating License Nos. 
NPF-72 and NPF-77, issued to Constellation Energy Generation, LLC, for 
the operation of Braidwood Station, Units 1 and 2 (Docket Nos. 50-456 
and 50-457, respectively). The proposed amendment would change 
Technical Specification (TS) Surveillance Requirement (SR) 3.7.9.2 to 
allow an Ultimate Heat Sink (UHS) temperature of less than or equal to 
102.8 [deg]F until September 30, 2024. The change is requested to 
support operation during the summer months of 2024.

DATES: Submit comments by July 29, 2024. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. Requests for a hearing or petition for leave to intervene 
must be filed by August 27, 2024.

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-2024-0112. 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-2024-0112 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-2024-0112.
     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, at 301-415-4737, 
or by email to [email protected]. The license amendment request is 
available in ADAMS under Accession No. ML24156A245.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 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-2024-0112 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 Renewed Facility 
Operating License Nos. NPF-72 and

[[Page 54083]]

NPF-77, issued to Constellation Energy Generation, LLC, for the 
operation of Braidwood Station, Units 1 and 2 (Docket Nos. 50-456 and 
50-457, respectively), located in Will County, IL. The proposed 
amendment would change TS SR 3.7.9.2 to allow a UHS temperature of less 
than or equal to 102.8 [deg]F until September 30, 2024.
    Historical meteorological and atmospheric conditions have resulted 
in the UHS temperature approaching the TS limit. These conditions 
include elevated air temperatures, high humidity, and low wind speed. 
Specifically, the summer of 2020 brought hot weather and drought 
conditions to the northern Illinois area resulting in sustained 
elevated UHS temperatures. In anticipation of these conditions 
occurring during the summer months of 2024, this license amendment 
request would change the UHS temperature TS limit until September 30, 
2024.
    Before 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 license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in section 50.92 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Issuance of amendment,'' 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 analysis of the issue of no significant hazards 
consideration, which is presented as follows:
    1. Does the proposed amendment 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 UHS is not significantly increased 
by increasing the allowable UHS temperature from less than or equal to 
102 [deg]F to less than or equal 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 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 
Updated Final Safety Analysis Report (UFSAR) 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 amendment 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 amendment 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 no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. 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 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period if circumstances change during the 30-day comment period such 
that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. If the Commission takes action 
prior to the expiration of either the comment period or the notice 
period, it

[[Page 54084]]

will publish in the Federal Register a notice of issuance. If the 
Commission makes a final no significant hazards consideration 
determination, any hearing will take place after 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 no significant hazards consideration, 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 designated agency thereof may participate as a non-
party under 10 CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053. (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions and 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 a.m. 
and 6 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

[[Page 54085]]

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 docket 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 4, 2024 (ADAMS Accession 
No. ML24156A245).
    Attorney for licensee: Jason Zorn, Associate General Counsel, 
Constellation Energy Generation, LLC, 4300 Linfield Road, Warrenville, 
IL, 60555.
    NRC Branch Chief: Jeff Whited.

    Dated: June 25, 2024.

    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. 2024-14344 Filed 6-27-24; 8:45 am]
BILLING CODE 7590-01-P