[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

[[Page 78347]]

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.

[[Page 78348]]

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]
BILLING CODE 7590-01-P