[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.

[[Page 76516]]

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]
BILLING CODE 7590-01-P