[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76515-76517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21226]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446; NRC-2024-0156]
Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant,
Unit Nos. 1 and 2; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption in response to a request from Vistra Operations Company LLC
(the licensee), submitted by letter dated August 24, 2023, as
supplemented by letter dated August 15, 2024, seeking exemption from
specific regulations that require periodic updates of the Comanche Peak
Nuclear Power Plant, Unit Nos. 1 and 2, Updated Final Safety Analysis
Report.
DATES: The exemption was issued on September 11, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0156 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-2024-0156. 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, at 301-415-4737,
or by email to [email protected]. The request for the exemption was
submitted by letter dated August 24, 2023, as supplemented by letter
dated August 15, 2024 (ADAMS Accession Nos. ML23236A605 and
ML24228A186, respectively).
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.
FOR FURTHER INFORMATION CONTACT: Samson Lee, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-3168; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 13, 2024.
For the Nuclear Regulatory Commission.
Samson Lee,
Senior Project Manager, Plant Licensing Branch 4, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-445 and 50-446
Vistra Operations Company LLC Comanche Peak Nuclear Power Plant, Unit
Nos. 1 and 2 Exemption
I. Background
Vistra Operations Company LLC (Vistra OpCo, the licensee) is the
holder of Renewed Facility Operating License Nos. NPF-87 and NPF-89,
for the Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 (Comanche
Peak), respectively. The licenses provide, among other things, that the
licensee is subject to all rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in
effect. These facilities consist of two pressurized water reactors
located in Somervell County, Texas.
II. Request/Action
In accordance with Section 50.71 of Title 10 of the Code of Federal
Regulations (10 CFR), ``Maintenance of records, making of reports,''
paragraph (e)(4) states, in part, that ``Subsequent revisions [to the
Updated Final Safety Analysis Report (UFSAR) submitted as part of the
original license application] must be filed annually or 6 months after
each refueling outage provided the interval between successive updates
[to the UFSAR] does not exceed 24 months.'' By letter dated August 24,
2023 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML23236A605), as supplemented by letter dated August 15,
2024 (ML24228A186), Vistra OpCo requested that the due date for
submittal of the Comanche Peak UFSAR be by July 31 of every odd-
numbered year, provided the interval between successive updates does
not exceed 24 months.
III. Discussion
Pursuant to 10 CFR 50.12, ``Specific exemptions,'' the NRC may,
upon application by any interested person or upon its own initiative,
grant exemptions from the requirements of 10 CFR part 50, ``Domestic
Licensing of Production and Utilization Facilities,'' including 10 CFR
50.71(e)(4) when: (1) the exemptions are authorized by law, will not
present an undue risk to the public health and safety, and are
consistent with the common defense and security; and (2) special
circumstances are present. Under 10 CFR 50.12(a)(2), special
circumstances include, among other things, whenever application of the
regulation in the particular circumstances would not serve, or is not
necessary to achieve, the underlying purpose of the rule.
A. The Exemption Is Authorized by Law
The regulation at 10 CFR 50.71(e)(4) requires revisions to UFSARs
to be filed annually or 6 months after each refueling outage, provided
the interval between successive updates does not exceed 24 months. The
underlying purpose of the regulation is to ensure that the licensee
periodically updates its UFSAR so that the UFSAR remains up-to-date and
accurately reflects the plant design and operation for use in
subsequent reviews or activities concerning that facility performed by
the licensee, the Commission, and other interested parties. The
proposed exemption would change the current UFSAR submittal schedule
for Comanche Peak to a calendar-based schedule that would not exceed
the maximum 24 months between successive updates as required by 10 CFR
50.71(e)(4). Submitting the UFSAR updates for Comanche Peak as proposed
by July 31 of the odd year continues to maintain the UFSAR information
up-to-date. The NRC staff has determined that granting the licensee's
proposed exemption will not result in a violation of the Atomic Energy
Act of 1954, as amended, or the Commission's regulations. Therefore,
the exemption is authorized by law.
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B. The Exemption Presents No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that
licensees periodically update their UFSARs so that the UFSARs remain
up-to-date and accurately reflect the plant design and operation. The
NRC has determined by rule that an update frequency not exceeding 24
months between successive updates is acceptable for maintaining up-to-
date UFSAR content. The NRC granted an exemption dated September 25,
1995 (ML021790732), with respect to Comanche Peak that allowed the
licensee to submit a unified UFSAR update for both units every 18
months, not to exceed 24 months from the last submittal. While the
regulation requires, in part, that UFSAR updates be submitted
``annually or 6 months after each refueling outage,'' it allows the
submission of such updates on a different schedule, ``provided the
interval between successive updates does not exceed 24 months.'' The
requested exemption also serves the purpose of the 1992 revision to the
rule for regulatory burden reduction. Additionally, based on the nature
of the requested exemption and the requirement that updates will not
exceed 24 months from the last submittal as described above, no new
accident precursors are created by the exemption; therefore, neither
the probability nor the consequences of postulated accidents are
increased. In conclusion, the requested exemption does not result in
any undue risk to the public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The requested exemption from 10 CFR 50.71(e)(4) would allow Vistra
OpCo to submit its periodic updates to the Comanche Peak UFSAR by July
31 of odd-numbered years, not to exceed 24 months from the last
submittal. Neither the regulation nor the proposed exemption has any
relation to security issues. Therefore, the common defense and security
is not impacted by the exemption.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application 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. The
underlying purpose of the rule is to ensure that an updated FSAR will
be available to be used in subsequent reviews or activities concerning
that facility performed by the licensee, the Commission, and other
interested parties--with the original reporting requirement set that
subsequent revisions shall be filed no less frequently than annually
(45 FR 30614; May 9, 1980). The rule change promulgated in August 1992
(57 FR 39358; August 31, 1992) was intended to provide a reduction in
regulatory burden by providing licensees with the option to submit
UFSAR updates once per refueling outage, not to exceed 24 months
between successive updates, instead of annually. Currently, Comanche
Peak submits a combined UFSAR every 18 months, not to exceed 24 months
from the last submittal.
The licensee requested that the due date for the submittal of the
Comanche Peak UFSAR update be by July 31 of every odd-numbered year,
provided the interval between successive updates does not exceed 24
months. The licensee's request would decouple the UFSAR update schedule
from the refueling cycle. In a response to a comment suggesting that
the UFSAR update be decoupled from the refueling cycle, the Commission
explained in the statements of consideration for the 1992 final rule
amending 10 CFR 50.71(e) (57 FR 39354; August 31, 1992), ``The majority
of facility design changes reflected in an updated FSAR [Final Safety
Analysis Report] are effected during the refueling outage. The use of
the refueling cycle interval provides for a current plant status
document that is coordinated with plant changes.'' However, by letter
dated August 15, 2024, the licensee stated that: ``. . . the majority
of facility design changes reflected in the UFSAR at Comanche Peak are
no longer effected during refueling outages. As a result, for Comanche
Peak there is little coordination between plant changes and refueling
cycle intervals. Therefore, the application of the regulation, with
respect to coupling reporting frequency to refueling cycle intervals,
is not necessary to achieve the underlying purpose of the rule for
Comanche Peak.'' The NRC staff acknowledges that plant operation
practices have evolved over time and as stated by the licensee, the
majority of facility design changes reflected in the UFSAR at Comanche
Peak are no longer effected during refueling outages. Therefore,
special circumstances exist under 10 CFR 50.12(a)(2)(ii) in that
application of the requirements in these particular circumstances are
not necessary to achieve the underlying purpose of the rule, which is
to ensure that an up-to-date and accurate UFSAR will be available for
use in subsequent reviews or activities concerning Comanche Peak Unit
Nos. 1 and 2.
E. Environmental Considerations
With respect to the impact of the exemption on the quality of the
human environment, the NRC has determined that the issuance of the
exemption discussed herein meets the eligibility criteria for
categorical exclusion from the requirement to prepare an environmental
assessment or environmental impact statement, set forth 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 10 CFR chapter I (which includes 10
CFR 50.71(e)(4)) is an action that is a categorical exclusion, provided
that certain specified criteria are met. 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 no significant hazards
consideration. The criteria for determining whether an action involves
a significant hazards consideration are found in 10 CFR 50.92,
``Issuance of amendment.'' The proposed action involves only a schedule
change regarding the submission of an update to the UFSAR. As set forth
in that regulation, there are no significant hazard considerations
because granting the exemption 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.
Requirements in 10 CFR 51.22(c)(25)(ii)
There is no significant change in the types or significant increase
in the amounts of any effluents that may be released offsite. The
proposed action involves only a schedule change, which is
administrative in nature, and does not involve any changes in the types
or increase in the amounts of any effluents that may be released
offsite.
Requirements in 10 CFR 51.22(c)(25)(iii)
There is no significant increase in individual or cumulative public
or occupational radiation exposure. Because the proposed action
involves only a schedule change, which is administrative in nature, it
does not contribute to any significant increase in
[[Page 76517]]
individual or cumulative public or occupational radiation exposures.
Requirements in 10 CFR 51.22(c)(25)(iv)
There is no significant construction impact. Because the proposed
action involves only a schedule change related to the timing for
submittal of UFSAR updates, which is administrative in nature, it does
not involve any construction impact.
Requirements in 10 CFR 51.22(c)(25)(v)
There is no significant increase in the potential for or
consequences from radiological accidents. The proposed action involves
only a schedule change related to the timing for submittal of UFSAR
updates, which is administrative in nature and does not impact the
potential for or consequences from radiological accidents.
Requirements in 10 CFR 51.22(c)(25)(vi)
The requirements from which the exemption is sought involve
recordkeeping, reporting, scheduling, or other requirements of an
administrative, managerial, or organizational nature. The proposed
action involves recordkeeping, reporting, and scheduling requirements,
and other requirements of an administrative, managerial, or
organizational nature because it is associated with the schedule for
submittal of UFSAR updates pursuant to 10 CFR 50.71(e)(4), and meets
that regulation's requirement that the interval between successive
updates does not exceed 24 months.
Based on the above, the NRC staff concludes that the proposed
exemption meets the eligibility criteria for the categorical exclusion
set forth in 10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR
51.22(b), no environmental impact statement or environmental assessment
need be prepared in connection with the NRC's issuance of these
exemption.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the requested exemption is authorized by law, will not present
an undue risk to public health and safety, and is consistent with the
common defense and security. Also, special circumstances, pursuant to
10 CFR 50.12(a)(2)(ii), are present. Therefore, the NRC hereby grants
Vistra OpCo an exemption from the requirements of 10 CFR 50.71(e)(4) to
allow Vistra OpCo to file its periodic updates to the Comanche Peak
UFSAR by July 31 of odd-numbered years, not to exceed 24 months from
the last submittal.
The exemption is effective upon issuance.
Dated: September 11, 2024
For the Nuclear Regulatory Commission.
/RA/
Aida Rivera-Varona,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2024-21226 Filed 9-17-24; 8:45 am]
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