[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Notices]
[Pages 17628-17630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07301]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-007; NRC-2025-0072]
Constellation Energy Generation, LLC; Clinton Early Site Permit
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to a December 20, 2024, request from
Constellation Energy Generation, LLC, to allow the submittal of a
renewal application for ESP-001 no later than 45 days prior to the
expiration of the existing permit and still place the permit in timely
renewal under NRC regulations.
DATES: The exemption was issued on April 16, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0072 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-2025-0072. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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 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: Jordan Glisan, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-3478, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 23, 2025.
For the Nuclear Regulatory Commission.
Jordan Glisan,
Project Manager, Licensing and Regulatory Infrastructure Branch,
Division of New and Renewed Licenses, Office of Nuclear Reactor
Regulation.
Attachment--Exemption.
NUCLEAR REGULATORY COMMISSION
Docket No. 52-007
Constellation Energy Generation, LLC
Clinton Early Site Permit
Exemption
I. Background
Exelon Generation Company, LLC, renamed Constellation Energy
Generation, LLC (CEG or the permit holder), is the holder of early site
permit (ESP) ESP-001. The ESP was issued for a site located
approximately 6 miles east of the city of Clinton in central Illinois
and adjacent to the existing Clinton nuclear power station. The ESP
approves the site for one or more nuclear power plants, which may be
modular and designed to operate collectively at no more than 6800
megawatts thermal, independent of a specific nuclear plant design or an
application for a construction permit or combined license. The permit
also provides, among other things, that the site is subject to all
rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, Commission) now or hereafter in effect. The Clinton
ESP became effective on March 15, 2007, and expires on March 15, 2027.
II. Request/Action
By letter dated December 20, 2024 (Agencywide Documents Access and
Management System Accession No. ML24355A121), CEG requested an
exemption from 10 CFR 2.109, ``Effect of timely renewal application,''
section (c), and 10 CFR 52.29, ``Application for renewal,'' to allow
the renewal application for ESP-001 to be submitted no later than 45
days prior to the expiration of the existing permit and still receive
timely renewal protection under 10 CFR 2.109(c) and 10 CFR 52.29.
The regulation at 10 CFR 2.109(c) requires that the permit holder
file a sufficient application for renewal no
[[Page 17629]]
less than 12 months before the expiration of the existing ESP. The
regulation at 10 CFR 52.29 requires that the permit holder file a
sufficient application for renewal no more than 36 months prior to the
expiration of the permit in order to be in timely renewal.
Specifically, 10 CFR 2.109(c) states ``If the holder of an early site
permit licensed under subpart A of Part 52 of this chapter files a
sufficient application for renewal under Sec. 52.29 of this chapter at
least 12 months before the expiration of the existing early site
permit, the existing permit will not be deemed to have expired until
the application has been finally determined.'' Additionally, 10 CFR
52.29(a) states, ``Not less than 12, nor more than 36 months before the
expiration date stated in the early site permit, or any later renewal
period, the permit holder may apply for a renewal of the permit.''
Lastly, 10 CFR 52.29(c) states, ``An early site permit, either original
or renewed, for which a timely application for renewal has been filed,
remains in effect until the Commission has determined whether to renew
the permit.''
III. Discussion
Exemptions from the requirements of Part 52 are governed by 10 CFR
52.7, which states that an exemption under that Part must meet the
exemption requirements in 10 CFR 50.12. Pursuant to 10 CFR 50.12, the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR part
52 when (1) the exemptions are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present,
as defined in 10 CFR 50.12(a)(2). In its application, the permit holder
stated that two special circumstances apply to its request. The two
special circumstances that the permit holder included in its request
are:
(1) Application of the regulation would not serve the underlying
purpose of the rule or is not necessary to achieve the underlying
purpose of the rule.
(2) There is present any other material circumstance not considered
when the regulation was adopted for which it would be in the public
interest to grant an exemption.
A. The Exemption Is Authorized by Law
This exemption would allow the permit holder to submit a sufficient
renewal application for ESP-001 no later than 45 days prior to the
expiration of its existing permit and the permit would still be in
timely renewal under 10 CFR 2.109(c) and 10 CFR 52.29. The
Administrative Procedure Act (APA), 5 U.S.C. 558(c), states:
When the licensee has made timely and sufficient application for
a renewal or a new license in accordance with agency rules, a
license with reference to an activity of a continuing nature does
not expire until the application has been finally determined by the
agency.
The APA does not require a specific time period within which an
application for a renewal must be filed; the 12-month time period
specified in 10 CFR 2.109(c) and 10 CFR 52.29 is specific to NRC
regulations, pursuant to the Atomic Energy Act of 1954 (AEA). Because
the regulation at 10 CFR 52.7 allows the NRC to grant exemptions from
its regulations and because the APA does not require a specific time
period for timely renewal of the ESP, the NRC has determined that
granting this exemption will not result in a violation of the AEA or
the APA. Therefore, the exemption is authorized by law.
B. The Exemption Presents No Undue Risk to Public Health and Safety
The requested exemption to allow a 45-day time period, rather than
the 12 months specified in 10 CFR 2.109(c) and 10 CFR 52.29(a), for the
permit holder to submit a sufficient renewal application and place the
permit in timely renewal is a scheduling change. The action does not
change the manner in which the permit maintains public health and
safety because no additional changes are made as a result of the
action. The NRC finds that a period of 45 days provides sufficient time
for the NRC to begin to perform an acceptance review, and that review
time beyond the expiration date of the permit does not pose an undue
risk to public health and safety due to a lack of activity at the site.
Based on the above, the NRC finds that the action does not cause undue
risk to public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The requested exemption to allow a 45-day time period, rather than
the 12 months specified in 10 CFR 2.109(c) and 10 CFR 52.29, for the
permit holder to submit a sufficient renewal application and place the
permit in timely renewal is a scheduling change. This exemption would
not change the permit and therefore would not impact the security of
the site. Therefore, the NRC finds that the action is consistent with
the common defense and security because the scheduling change would
have no impact on site security.
D. Special Circumstances
The purpose of 10 CFR 2.109(c), as it is applied to nuclear power
reactors licensed by the NRC, is to implement the ``timely renewal''
provision of Section 9(b) of the APA, 5 U.S.C. 558(c), which states:
When the licensee has made timely and sufficient application for
a renewal or a new license in accordance with agency rules, a
license with reference to an activity of a continuing nature does
not expire until the application has been finally determined by the
agency.
The underlying purpose of this ``timely renewal'' provision in the
APA is to protect a licensee who is engaged in an ongoing licensed
activity and who has complied with agency rules in applying for a
renewed or new license from facing license expiration as the result of
delays in the administrative process.\1\
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\1\ Kay v. FCC, 525 F.3d 1277 (D.C. Cir. 2008) (citing Miami MDS
Co. v. FCC, 14 F.3d 658, 659-60 (D.C. Cir. 1994)).
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Application of the 12-month period in 10 CFR 2.109(c) and 10 CFR
52.29 is not necessary to achieve the underlying purpose of the timely
renewal provision in the regulation if the permit holder files a
sufficient renewal application no later than 45 days prior to
expiration of the permit. The NRC acknowledges that receipt of a
renewal application for ESP-001 would result in an NRC review that
would take place beyond the expiration date of the ESP. The NRC staff
has determined this will not pose any issues to public health and
safety or common defense and security or cause an undue hardship in the
regulatory processes surrounding the ESP as a result of the additional
time that the ESP is active because no construction or operation
activities are taking place on site. Therefore, the NRC finds that the
special circumstance requirement in 10 CFR 50.12(a)(2)(ii) has been met
here.
E. Environmental Considerations
The NRC has determined that the issuance of the requested exemption
meets the provisions of categorical exclusion specified 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 in Chapter 10 of the Code of
Federal Regulations qualifies as a categorical exclusion if (i) there
is no significant hazards consideration; (ii) there is no significant
change in the types or significant increase in the amounts of any
effluents that may be released offsite; (iii) there is no significant
increase in individual or cumulative public or occupational radiation
[[Page 17630]]
exposure; (iv) there is no significant construction impact; (v) there
is no significant increase in the potential for or consequences from
radiological accidents; and (vi) the requirements from which an
exemption is sought involves one of several matters, which includes
scheduling requirements under 10 CFR 51.22(c)(25)(vi)(G). The basis for
NRC's determination is provided below.
Requirements in 10 CFR 51.22(c)(25)(i)
The regulation at 10 CFR 51.22(c)(25)(i) requires an exemption to
involve a no significant hazards consideration if it is to qualify for
a categorical exclusion. The criteria for making a no significant
hazards consideration determination are found in 10 CFR 50.92(c).
Because there is no existing operating nuclear facility associated with
ESP-001, and the exemption only effects the timeframe for submitting
the ESP-001 renewal application, the exemption would not involve
changes to accident analyses source term parameters, the possibility
for new or different kinds of accidents, or associated margins of
safety. Therefore, the NRC has determined that the granting of this
exemption request involves a no significant hazards consideration
because allowing the submittal of the ESP renewal application less than
12 months before expiration of the existing permit while maintaining
the protection of the timely renewal provision in 10 CFR 2.109(c) does
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. Therefore, the requirements of 10 CFR 51.22(c)(25)(i)
are met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
The regulation at 10 CFR 51.22(c)(25)(ii) requires the exemption to
involve no significant change in the types or significant increase in
the amounts of any effluents that may be released offsite. In addition,
the regulation at 10 CFR 51.22(c)(25)(iii) requires the exemption to
involve no significant increase in individual or cumulative public or
occupational radiation exposure. The requested exemption constitutes a
change to the schedule by which the permit holder must submit its ESP
renewal application while still maintaining timely renewal, which is
administrative in nature. Therefore, the exemption does not involve any
change in the types or significant increase in the amounts of effluents
that may be released offsite and also does not contribute to any
significant increase in individual or cumulative public or occupational
radiation exposure. Therefore, the requirements of 10 CFR
51.22(c)(25)(ii) and (iii) are met.
Requirements in 10 CFR 51.22(c)(25)(iv)
The regulation at 10 CFR 51.22(c)(25)(iv) requires the exemption to
involve no significant construction impact. The requested exemption is
not associated with construction, and the exemption does not propose
any changes or alterations to the site. Therefore, the requirements of
10 CFR 51.22(c)(25)(iv) are met because there is no significant
construction impact.
Requirements in 10 CFR 51.22(c)(25)(v)
The regulation at 10 CFR 51.22(c)(25)(v) requires the exemption to
involve no significant increase in the potential for or consequences
from radiological accidents. The requested exemption constitutes a
change to the schedule by which the permit holder must submit its ESP
renewal application while still maintaining timely renewal. This
exemption is administrative in nature and does not impact the
probability or consequences of accidents. Thus, there is no significant
increase in the potential for, or consequences of, a radiological
accident. Therefore, the requirements of 10 CFR 51.22(c)(25)(v) are
met.
Requirements in 10 CFR 51.22(c)(25)(vi)
The regulations at 10 CFR 51.22(c)(25)(vi)(A-I) list the specific
types of requirements from which an exemption may be sought. These
include 10 CFR 51.22(c)(25)(vi) (G) which involves scheduling
requirements. This exemption, which allows the permit holder to submit
the ESP renewal application no later than 45 days prior to expiration
of the permit, involves scheduling requirements. Therefore, the
requirement in 10 CFR 51.22(c)(25)(vi)(G) is met.
Based on the above, the NRC concludes that the proposed exemption
meets the eligibility criteria for a categorical exclusion set forth in
10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no
environmental assessment or environmental impact statement need be
prepared in connection with the approval of this exemption request.
IV. Conclusions
Accordingly, the NRC has determined that, pursuant to 10 CFR 52.7
and 10 CFR 50.12, the requested exemption is authorized by law, will
not present an undue risk to the public health and safety, and is
consistent with the common defense and security. Additionally, special
circumstances, as defined in 10 CFR 50.12(a)(2), are present.
Therefore, the NRC hereby grants the permit holder a one-time exemption
from 10 CFR 2.109(c) and 10 CFR 52.29 for the Clinton Early Site Permit
ESP-001 to allow the submittal of the Clinton Early Site Permit ESP-001
renewal application no later than 45 days prior to expiration of the
permit while still receiving the protections of timely renewal.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th day of April 2025.
For the Nuclear Regulatory Commission.
/RA/
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2025-07301 Filed 4-25-25; 8:45 am]
BILLING CODE 7590-01-P