[Federal Register Volume 90, Number 136 (Friday, July 18, 2025)]
[Notices]
[Pages 34016-34019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13556]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440; NRC-2025-0511]
Vistra Operations Company, LLC; Perry Nuclear Power Plant, Unit
No. 1; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff has issued
an exemption from the requirement in NRC regulations that would
otherwise require the application for renewal of Facility Operating
License No. NFP-58 for Perry Nuclear Power Plant, Unit No. 1, to be
referred to the Advisory Committee on Reactor Safeguards for a review
and report, with any report being made part of the record of the
application and made available to the public, except to the extent that
security classification prevents disclosure.
DATE: The exemption was issued on July 7, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0511 when contacting the
NRC staff 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-2025-0511. 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: Vaughn Thomas, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-5897; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: July 16, 2025.
[[Page 34017]]
For the Nuclear Regulatory Commission.
Vaughn Thomas,
Project Manager, License Renewal Projects Branch, Division of New and
Renewed Licenses, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-440
Vistra Operations Company, LLC, Perry Nuclear Power Plant, Unit No. 1,
Exemption
I. Background
Vistra is the holder of Facility Operating License No. NFP-58 for
Perry. The license provides, among other things, that the licensee is
subject to all rules, regulations, and orders of the Commission now or
hereafter in effect. The NRC issued the initial operating license for
Perry, Unit 1 on November 13, 1986. Unit 1 is a General Electric
boiling water reactor designated BWR/6 with a Mark III containment and
a licensed thermal power of 3,756 megawatts thermal (MWt). Perry is
located along the southern shoreline of Lake Erie on an ancient lake
plain approximately 50 feet above low lake level in a rural area of
Lake County, Ohio.
Prior to a license transfer to Vistra, on July 3, 2023, Energy
Harbor Nuclear Corporation submitted to the U.S. Nuclear Regulatory
Commission (NRC) an application for renewal of the Perry Facility
Operating License, pursuant to Title 10 of the Code of Federal
Regulations Part 54, ``Requirements for Renewal of Operating Licenses
for Nuclear Power Plants'' requesting renewal for a period of 20 years
beyond the current facility operating license expiration on November 7,
2026. A final decision on the application is expected on or about July
7, 2025.
Under 10 CFR 54.25, ``[e]ach renewal application will be referred
to the Advisory Committee on Reactor Safeguards for a review and
report. Any report will be made part of the record of the application
and made available to the public, except to the extent that security
classification prevents disclosure.'' The December 31, 1991, rulemaking
that promulgated 10 CFR 54.25 (Nuclear Power Plant License Renewal, (56
FR 64,943, 64,966)) noted that review by the ACRS review was desirable
but such review was not required by statute.
On May 23, 2025, the President issued Executive Order (E.O.) 14300
(90 FR 22587), ``Ordering the Reform of the Nuclear Regulatory
Commission,'' and section 4(b) of E.O. 14300 says: ``Review by ACRS of
permitting and licensing issues shall focus on issues that are truly
novel or noteworthy.''
On May 29, 2025, the NRC Staff issued a Safety Evaluation Report
(SER) (ML25148A362) documenting the staff's review of the application.
Section 5 of the SER described the plan to meet 10 CFR 54.25 by
referring the application to the ACRS, and the plan for the staff and
the applicant to attend a meeting of the full committee of the ACRS to
discuss the renewal application. Because the NRC Staff identified no
issues in this license renewal application review that are novel or
noteworthy, and the NRC is now granting an exemption to the requirement
in section 54.25 to send the application to the ACRS for review, the
planned actions in Section 5 of the SER will not occur.
II. Action
In light of E.O. 14300, the status of the review of the license
renewal application for Perry, and the fact that the NRC Staff found no
novel or noteworthy issues in the application that would benefit from
ACRS review, the Staff of the Nuclear Regulatory Commission determined
that a staff-initiated exemption to 10 CFR 54.25 was warranted and
should be granted. Pursuant to 10 CFR 54.15 ``Specific exemptions,''
exemptions from the requirements of 10 CFR part 54 may be granted by
the Commission in accordance with 10 CFR 50.12. Per 10 CFR 50.12(a),
``The Commission may, upon application by any interested person or upon
its own initiative, grant exemptions from the requirements of the
regulations of this part,'' when certain conditions are met. Further,
per 10 CFR 50.12(a)(2), the Commission will not consider granting an
exemption unless special circumstances are present. Under 10 CFR
50.12(b)(vi), special circumstances are present whenever 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, but if such condition is relied on exclusively for
satisfying paragraph (a)(2), then the exemption may not be granted
until the Executive Director for Operations has consulted with the
Commission. The staff has determined that those criteria are met and an
exemption from 10 CFR 54.25 may be granted for the reasons explained
below.
III. Discussion
As described in 10 CFR 1.13, the ACRS was established by the Atomic
Energy Act of 1954, as amended. Among other things, the ACRS reviews
and reports on safety studies and applications for construction permits
and facility operating licenses and reviews any generic issues or other
matters referred to it by the Commission for advice.
Paragraph 10 CFR 54.25, as originally promulgated in 1991, requires
that ``[e]ach renewal application will be referred to the Advisory
Committee on Reactor Safeguards for a review and report. Any report
will be made part of the record of the application and made available
to the public, except to the extent that security classification
prevents disclosure.'' The 1991 rulemaking notice explained (56 FR at
64,966) the background of the requirement thusly:
Section 182.b of the AEA states:
The ACRS shall review each application under section 103 or
section 104b. for a construction permit or an operating license for
a facility, any application under section 104c. for a construction
permit or an operating license for a testing facility, any
application under section 104a. or c. specifically referred to it by
the Commission, and any application for an amendment to a
construction permit or an amendment to an operating license under
section 103 or 104a., b., or c. specifically referred to it by the
Commission * * *
Section 182.b does not explicitly refer to applications for
renewal of an operating license as requiring ACRS review. However,
The Commission believes that review by the ACRS is desirable.
Accordingly, Sec. 54.25 of the final rule requires ACRS review of a
license renewal application.
The Commission has not changed 10 CFR 54.25 since its initial
issuance in 1991. Further, no subsequent amendments of the AEA have set
forth a requirement for the ACRS to review an application for a renewed
license.
10 CFR 54.15, ``Specific exemptions,'' states, ``[e]xemptions from
the requirements of this part may be granted by the Commission in
accordance with 10 CFR 50.12.'' Pursuant to 10 CFR 50.12(a)(1),
``Specific exemptions,'' the Commission may, ``upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of the regulations of this part, which 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.''
Exemptions Are Authorized by Law
For an exemption to be authorized by law the item to be exempted
cannot be required by statute. The requirement in 10 CFR 54.25 is not
required by the Atomic Energy Act, nor required by any other law. As
noted by Commission in
[[Page 34018]]
1991 (56 FR at 64,966), the AEA does not explicitly refer to
applications for renewal of an operating license as requiring ACRS
review. This remains true today. Accordingly, the NRC finds that the
exemption is authorized by law.
Exemption Will Not Present an Undue Risk to the Public Health and
Safety
The standards and criteria that must be met before the Commission
issues a renewed license are not affected by an exemption to 10 CFR
54.25. After an exemption to 54.25, the regulation at 10 CFR 54.29 will
continue to set forth the safety criteria that must be met before a
renewed license may be issued by the Commission. The staff, which has a
robust process for reviewing applications for renewed licenses, has
completed its detailed review of how Perry's application addressed the
standards of 10 CFR 54.29 (and other relevant regulations). The result
of the safety review is documented in a safety evaluation report. The
already-completed reviews by the NRC staff that confirmed that the
application did not contain anything truly novel or noteworthy thereby
assuring that an exemption from 54.25's requirement to refer the
application to ACRS will not present an undue risk to public health and
safety.
Exemption is Consistent With the Common Defense and Security
The NRC staff has determined that the exemption from ACRS review of
the license renewal application does not impact common defense and
security in large part because the common defense and security are not
within the scope of license renewal review that is concerned with aging
effects. When promulgating revisions to the license renewal rules (60
FR 22461, 22,463-64) in 1995, the Commission re-affirmed its philosophy
that the existing regulatory process is adequate to ensure that the
licensing bases of all currently operating plants provides and
maintains an acceptable level of safety so that operation will not be
inimical to public health and safety or common defense and security.
The exemption from ACRS review otherwise required by 10 CFR 54.25 does
not alter any common defense or security matter or regulation. Thus,
the exemption is consistent with common defense and security.
Special Circumstances Are Present
Pursuant to 10 CFR 50.12(a)(2), the Commission will not consider
granting an exemption unless special circumstances are present. 10 CFR
50.12(a)(2)(vi) states that special circumstances are present when,
``[t]here 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. If such condition is relied on
exclusively for satisfying paragraph (a)(2) of this section, the
exemption may not be granted until the Executive Director for
Operations has consulted with the Commission.''
The 2025 Executive Order 14300 did not, of course, exist when 10
CFR 54.25 was promulgated in 1991. Thus E.O. 14300 was not, and could
not, be considered when 10 CFR 54.25 was issued with a blanket
requirement that renewal applications be referred to ACRS. Section 4(b)
of E.O. 14300 says: ``Review by ACRS of permitting and licensing issues
shall focus on issues that are truly novel or noteworthy.'' The NRC
Staff determined that there were no novel or noteworthy issues in the
Perry license renewal application. To make a determination that the
Perry application contained no novel or noteworthy issues, the Staff
drew upon its experience with 89 approved license renewal applications
and 12 approved subsequent license renewal applications. When those
past reviews identified a novel or noteworthy issues (e.g., issues
related to buried gray cast iron piping), the Staff took appropriate
action. However, no such issues are present in the Perry application.
Accordingly, because the Commission did not specifically refer this
application for ACRS review, there are no truly novel or noteworthy
issues in the Perry application, and E.O. 14300 was recently issued,
the NRC Staff finds that special circumstances are present. Thus, given
that following the E.O. is in the public interest, the E.O. represents
the special circumstance under 10 CFR 50.12(a)(2)(vi) and an exemption
from 54.25 is warranted. In fulfillment of 10 CFR 50.12(a)(2)(vi), the
EDO consulted with the Commission.
Environmental Consideration
This exemption removes the requirement in 10 CFR 54.25 to refer the
renewal application to the Advisory Committee on Reactor Safeguards for
a review and report, with any report being made part of the record of
the application and made available to the public, except to the extent
that security classification prevents disclosure. The NRC Staff has
determined that this exemption does not have an effect on the human
environment and therefore, a categorical exclusion under 10 CFR 51.22
is appropriate.
Under 10 CFR 51.22(c) licensing, regulatory, and administrative
actions eligible for categorical exclusion shall meet the following
criterion: The action belongs to a category of actions which the
Commission, by rule or regulation, has declared to be a categorical
exclusion, after first finding that the category of actions does not
individually or cumulatively have a significant effect on the human
environment. Under 10 CFR 51.22(c)(25) categories of actions that are
categorical exclusions include granting of an exemption from the
requirements of any regulation of this 10 CFR Chapter I, provided that
(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 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 involving an item listed in 10 CFR
51.22(c)(25)(vi)(A)-(I); 10 CFR 51.22(c)(25)(vi)(A), (B), and (I) are
``recordkeeping requirements,'' ``reporting requirements,'' and ``other
requirements of an administrative, managerial, or organizational
nature,'' respectively. As explained below, these criteria are
satisfied.
An exemption involves no significant hazards consideration, if as
provided in 10 CFR 50.92(c), operation of the facility in accordance
with the proposed 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. This exemption has no
bearing on operation of the facility and the Staff identified no novel
or noteworthy issues for ACRS review. Referring (or declining to refer)
the application to the ACRS does not change any manner in which the
facility would operate, and accordingly the factors above are met. The
requirement in 10 CFR 54.25 for the application to be referred to the
ACRS for review and report, with any report being made part of the
record of the application fit within 10 CFR 51.22(c)(25)(vi)(A), (B),
and (I) in that they involve ``recordkeeping requirements,''
``reporting requirements,'' and ``other requirements of an
administrative, managerial, or organizational nature.'' Accordingly, an
exemption from 10 CFR 54.25 meets the eligibility criteria for
[[Page 34019]]
categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10
CFR 51.22(b), no environmental impact statement or environmental
assessment need be prepared in connection with the issuance of the
exemption.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
54.15 ``Specific exemptions,'' (stating that exemptions from the
requirements of 10 CFR part 54 may be granted by the Commission in
accordance with 10 CFR 50.12), an exemption from 10 CFR 54.25
requirement to send the Perry license renewal application to the ACRS
for review is granted. The standards of 10 CFR 50.12(a) are met in that
the exemption from 10 CFR 54.25 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, and special circumstances are present,
and the EDO has consulted with the Commission. Therefore, the renewal
application is no longer required to be referred to the Advisory
Committee on Reactor Safeguards for a review and report. The planned
steps to meet 10 CFR 54.25 described in Section 5 of the May 29, 2025
SER (ML25148A362) are no longer needed and will not be taken.
The exemption is effective upon issuance.
Dated at Rockville, Maryland, this 7th day of July 2025
For the Nuclear Regulatory Commission.
/RA/
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2025-13556 Filed 7-17-25; 8:45 am]
BILLING CODE 7590-01-P