[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78345-78348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21856]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334, 50-412; 50-346, and 50-440; NRC-2024-0127]
Vistra Operations Company, LLC; Beaver Valley Power Station,
Units 1 and 2; Davis-Besse Nuclear Power Station, Unit 1; Perry Nuclear
Power Plant, Unit 1; 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 dated February 23, 2024, as
supplemented on August 15, 2024, seeking an exemption from specific
regulations that require periodic updates to the Updated Final Safety
Analysis Reports (UFSARs) for the Beaver Valley Power Station (BVPS),
Units 1 and 2, Davis-Bess Nuclear Power Station, (DBNPS) Unit 1, and
Perry Nuclear Power Plant (PNPP), Unit 1. The initial request was
submitted by Energy Harbor Nuclear Corp. Effective
[[Page 78346]]
March 1, 2024, the facility operating licenses for BVPS, Units 1 and 2,
DBNPS, Unit 1, and PNPP, Unit 1, were transferred from Energy Harbor
Nuclear Corp. (operator) to Vistra Operations Company, LLC (operator).
The ownership of these units by Energy Harbor Nuclear Generation, LLC
was not affected by the transfer. Upon completion of this license
transfer, Vistra Operations Company, LLC assumed the responsibility for
all licensing actions under NRC review at the time of the transfer and
requested that the NRC continue its review of these actions.
DATES: The exemption was issued on September 17, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0127 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-2024-0127. 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 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointments. 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. (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Robert Kuntz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3733, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 19, 2024.
For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Plant Licensing Branch 3, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334, 50-412, 50-346, and 50-440]
Vistra Operations Company, LLC; Beaver Valley Power Station, Units 1
and 2, Davis-Besse Nuclear Power Station, Unit 1, Perry Nuclear Power
Plant, Unit 1; Exemptions
I. Background
Vistra Operations Company, LLC (VistraOps, the licensee) is the
holder of Facility Operating License Nos. DPR-66, NPF-73, NPF-3, and
NPF-58, for Beaver Valley Power Station (BVPS), Units 1 and 2; Davis-
Besse Nuclear Power Station (DBNPS) Unit 1; and Perry Nuclear Power
Plant (PNPP) Unit 1, respectively. The licenses provide, among other
things, that the licensee is subject to all rules, regulations, and
orders of the Commission now or hereafter in effect. The BVPS, Units 1
and 2; and DBNPS, Unit 1, facilities consist of pressurized-water
reactors (PWRs) located along the Ohio River in Beaver Valley, PA and
in Ottawa County, OH, respectfully. The PNPP, Unit 1, is a boiling-
water reactor (BWR) located near Lake Erie in Lake County, Ohio.
II. Request/Action
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, ``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 February 23, 2024 (ADAMS Accession No.
ML24054A101), Energy Harbor Corporation requested that the due date for
submittal of the BVPS, Unit 1, UFSAR be by May 31 of every even-
numbered year, provided the interval between successive updates does
not exceed 24 months. Similarly, for BVPS, Unit 2, the UFSAR update
would be due by May 31 of every odd-numbered year; for PNPP, Unit 1,
the UFSAR update would be due by September 30 of every odd-numbered
year; and for DBNPS, Unit 1, the UFSAR update would be due by September
30 of every even-numbered year, provided the interval between
successive updates does not exceed 24 months for each unit. This
proposal differs from the requirements these units are currently
subject to. As explained in the request for exemptions:
Currently, BVPS, Units 1 and 2 are on 18-month staggered
refueling cycles while PNPP and DBNPS are on 24-month refueling
cycles. Based on the applicable refueling cycle, PNPP and DBNPS
perform UFSAR updates approximately every 24 months while BVPS Units
1 and 2 perform updates approximately every 18 months. The exemption
will provide for a set calendar schedule for each of the Energy
Harbor Nuclear Corp. plants, which would allow more efficient
scheduling and allocation of resources to prepare and submit UFSAR
updates while remaining within the maximum allowed 24 months between
successive updates.
Effective March 1, 2024 (ML24057A092), the facility operating
licenses for BVPS, Units 1 and 2, DBNPS, Unit 1, and PNPP, Unit 1, were
transferred from Energy Harbor Nuclear Corp. (operator) to Vistra
Operations Company LLC (operator). The ownership of these units by
Energy Harbor Nuclear Generation LLC was not affected by the transfer.
Upon completion of this license transfer, VistraOps assumed the
responsibility for all licensing actions under NRC review at the time
of the transfer and requested that the NRC continue its review of these
actions (ML24054A498). VistraOps submitted a supplement to the
exemption requests on August 15, 2024 (ML24228A213).
III. Discussion
Pursuant to 10 CFR 50.12, the NRC may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR, part 50, 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 or 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, when
application of the specific regulation in the particular circumstances
would not serve, or is not necessary to achieve, the underlying purpose
of the rule.
A. The Exemptions Are Authorized by Law
In accordance with 10 CFR 50.12, the NRC may grant an exemption
from the requirements of 10 CFR part 50 if the
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exemption is authorized by law. The proposed exemptions are authorized
by law as no other prohibition of law exists that would preclude the
activities that would be authorized by the exemptions. The NRC staff
has determined that granting the licensee's proposed exemptions will
not result in a violation of the Atomic Energy Act of 1954, as amended,
or the Commission's regulations. Therefore, the exemptions are
authorized by law.
B. The Exemptions Present No Undue Risk to Public Health and Safety
The proposed exemptions will not alter the manner in which changes
to the UFSAR are evaluated in that changes to the UFSAR will continue
to be reviewed through the existing applicable administrative and
programmatic control processes to ensure that UFSAR changes are
properly evaluated and implemented.
Licensees are required, in accordance with 10 CFR 50.71(e)(4), to
periodically submit their UFSARs and modifying the schedule for
periodic submittal does not alter plant design or operation. Therefore,
the exemptions do not present an undue risk to the public health and
safety.
C. The Exemptions Are Consistent With the Common Defense and Security
The proposed exemptions have no impact on the BVPS, Units 1 and 2,
DBNPS, and PNPP physical security plan or the ability to protect
special nuclear material at BVPS, Units 1 and 2, DBNPS, and PNPP.
Therefore, the exemptions are consistent with the common defense and
security.
D. Special Circumstances
In accordance with 10 CFR 50.12(a)(2)(ii), special circumstances
exist when compliance is not necessary to achieve the underlying
purpose of the rule. The underlying purpose of 10 CFR 50.71(e)(4) is to
ensure that licensees periodically submit their UFSARs to assure that
the UFSAR remains up to date while reflecting the plant design and
operation. Specifically, when the requirement to provide an UFSAR
update was first promulgated (May 9, 1980; 45 FR 30614), the Commission
explained that it was establishing the requirement ``to provide an
updated reference document to be used in recurring safety analyses
performed by the licensee, the Commission, and other interested
parties.'' That rule required updating on an annual basis. In a 1992
final rule that had the purpose of reducing regulatory burden on
licensees (August 31, 1992; 57 FR 39353), the Commission provided an
alternative to annual updating, in which licensees could provide
updates ``6 months after each refueling outage provided the interval
between successive updates to the FSAR does not exceed 24 months.'' In
a response to a comment suggesting that the FSAR update be decoupled
from the refueling cycle, the Commission explained in the final rule
(57 FR 39354), ``The majority of facility design changes reflected in
an updated FSAR 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.''
As required by 10 CFR 50.71(e)(4) a maximum time of 24 months
between successive updates and the requirement to reflect changes to
the UFSAR up to a maximum of 6 months prior to the date of filing is
allowed. The processing and submittal of more frequent revisions to the
UFSAR, including all documents incorporated by reference, is not
necessary to achieve the underlying purpose of the rule. The BVPS,
Units 1 and 2, DBNPS, and PNPP routine UFSAR submittals will not exceed
the maximum 24 months between submission. Further, as noted in the
licensee's submittal dated August 15, 2024, the majority of facility
design changes reflected in the UFSAR for the affected reactors are no
longer effected during the refueling outage. Therefore, the submittals
will continue to contain timely updates to the NRC as required by 10
CFR 50.71(e)(4). Furthermore, tying the processing and submittal of the
UFSAR to the refueling cycle is not necessary to achieve the underlying
purpose of the rule as the majority of the facility design changes are
not implemented during refueling outages and therefore tying the UFSAR
submittal to the refueling cycle is not necessary to provide a current
plant status document coordinated with plant changes. 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.
E. Environmental Considerations
With respect to the impact of the exemptions on the quality of the
human environment, the NRC has determined that the issuance of the
exemptions 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. 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
exemptions 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)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(ii)
that 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)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(iii)
that there is no significant increase in individual or cumulative
public or occupational radiation exposure. Since the proposed action
involves only a schedule change, which is administrative in nature, it
does not contribute to any significant increase in individual or
cumulative public or occupational radiation exposures.
Requirements in 10 CFR 51.22(c)(25)(iv)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(iv)
that there is no significant construction impact. Since 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.
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Requirements in 10 CFR 51.22(c)(25)(v)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(v)
that 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 exemption satisfies the criterion in 10 CFR 51.22(c)(25)(vi)(B)
and 51.22(c)(25)(vi)(G) because the requirements from which the
exemption is sought involve reporting and scheduling requirements,
specifically the required schedule for submittal of UFSAR updates to
the NRC pursuant to 10 CFR 50.71(e)(4).
Based on the above, the NRC staff concludes that the proposed
exemptions meet 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
exemptions.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the exemptions are 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, pursuant to 10 CFR
50.12(a)(2)(ii) are present. Therefore, the Commission hereby grants
VistraOps the following exemptions from the requirements of 10 CFR
50.71(e)(4) to allow VistraOps to file its periodic updates: to the
BVPS, Unit 1, UFSAR by May 31 of every even-numbered year, to the BVPS,
Unit 2, UFSAR by May 31 of every odd-numbered year, to the PNPP, Unit
1, UFSAR by September 30 of every odd-numbered year, and to the DBNPS,
Unit 1, UFSAR by September 30 of every even-numbered year, provided the
interval between successive updates does not exceed 24 months for each
unit.
The exemptions are effective upon issuance.
Dated: September 17, 2024.
For the Nuclear Regulatory Commission.
/RA/
Bo Pham,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2024-21856 Filed 9-24-24; 8:45 am]
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