[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Notices]
[Pages 35935-35937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14425]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259, 50-260, and 50-296; NRC-2024-0030]
Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1,
2, and 3; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption from the regulation that would otherwise require the
application for subsequent renewal of Facility Operating License Nos.
DPR-33, DPR-52, and DPR-68 for Browns Ferry Nuclear Plant (BFN), Units
1, 2, and 3, respectively, to be referred to the Advisory Committee on
Reactor Safeguards (ACRS) 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 finds that the required criteria are met due to the
special circumstance presented by Executive Order (E.O.) 14300,
``Ordering the Reform of the Nuclear Regulatory Commission,'' section
4(b) (stating that ``[r]eview by ACRS of permitting and licensing
issues shall focus on issues that are truly novel or noteworthy'').
DATES: The exemption was issued on July 25, 2025.
ADDRESSES: Please refer to Docket ID NRC-2024-0030 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-2024-0030. 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].
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: Jessica Hammock, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0740; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: July 28, 2025.
For the Nuclear Regulatory Commission.
Jessica Hammock,
Project Manager, Division of New and Renewed Licenses, Office of
Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259, 50-260, and 50-296; NRC-2024-0030]
Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, 2, and
3; Exemption
I. Background
The Tennessee Valley Authority (TVA) is the holder of Facility
Operating License Nos. DPR-33, DPR-52, and DPR-68 for Browns
[[Page 35936]]
Ferry Nuclear Plant (BFN), Units 1, 2, and 3, 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 U.S. Nuclear Regulatory Commission (NRC)
issued the initial operating licenses for BFN, Units 1, 2, and 3 on
December 20, 1973, June 28, 1974, and July 2, 1976, respectively.
BFN Units 1, 2, and 3 are General Electric boiling-water reactors
designated BWR/4 with Mark I containments and each have a licensed
thermal power of 3,952 megawatts thermal (MWt). BFN Units 1, 2, and
3 are located in Athens, Alabama along the Tennessee River.
On January 19, 2024, TVA submitted to the NRC an application for
subsequent renewal of Facility Operating License Nos.DPR-33, DPR-52,
and DPR-68 for BFN, pursuant to title 10 of the Code of Federal
Regulations (10 CFR) 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
expirations of December 20, 2033, June 28, 2034, and July 2, 2036,
for BFN Units 1, 2, and 3, respectively. A final decision on the
application is expected on October 15, 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 64943, 64966)) noted that review by the ACRS
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 states that ``[r]eview
by ACRS of permitting and licensing issues shall focus on issues
that are truly novel or noteworthy.''
On July 18, 2025, the NRC staff issued a Safety Evaluation (SE)
(ML25195A021) documenting the NRC staff's review of TVA's subsequent
license renewal application for BFN. Section 5 of the SE described
the plan to meet 10 CFR 54.25 by referring the application to the
ACRS, and the plan for the NRC 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 ``truly novel or
noteworthy,'' and the NRC is now granting an exemption to the
requirement in 10 CFR 54.25 to send the application to the ACRS for
review, the planned actions in Section 5 of the SE will not occur.
II. Action
In light of E.O. 14300, the status of the review of the
subsequent license renewal application for BFN, Units 1, 2 and 3,
and the fact that the NRC staff found no ``truly novel or
noteworthy'' issues in the application that would benefit from an
ACRS review, the NRC staff 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), ``[t]he
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 (EDO) has consulted with the Commission. The NRC 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 (AEA), as amended. Among other things, the
ACRS reviews and reports on safety studies and applications for
construction permits as well as facility operating licenses. The
ACRS also reviews any generic issues or other matters referred to it
by the Commission for advice.
In addition, 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 December 31, 1991
rulemaking notice explained (56 FR 64966) 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 that
``[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 AEA, nor required by any other law. As noted by
the Commission in 1991 (56 FR 64966), 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 or subsequent 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 or subsequent
renewed license may be issued by the Commission. The NRC staff,
which has a robust process for reviewing applications for renewed
licenses, has completed its detailed review of how the BFN, Units 1,
2 and 3 subsequent license renewal 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 confirmed
that the application did not contain anything ``truly novel or
noteworthy,'' thereby assuring that an exemption from 10 CFR 54.25's
requirement to refer the application to the 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 an ACRS
review of the subsequent 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 subsequent license renewal
review that is concerned with aging effects. When promulgating
revisions to the license renewal rules (60 FR 22461, 22463-64) 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
an ACRS review, otherwise required by 10 CFR 54.25, does not alter
any common defense or
[[Page 35937]]
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 E.O. 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 all renewal applications be referred to ACRS. Section 4(b) of
E.O. 14300 states that ``[r]eview 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 ``truly
novel or noteworthy'' issues in the BFN, Units 1, 2, and 3
subsequent license renewal application. To make a determination that
the subsequent license renewal application for BFN, Units 1, 2, and
3 contained no novel or noteworthy issues, the NRC staff drew upon
its demonstrated past experience with a total of 90 approved license
renewal applications and 13 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 NRC staff took appropriate action. However, no such
issues are present in the subsequent license renewal application for
BFN, Units 1, 2, and 3. Accordingly, because the Commission did not
specifically refer this application for an ACRS review, there are no
``truly novel or noteworthy'' issues in the subsequent license
renewal application for BFN, Units 1, 2, and 3, Furthermore, since
E.O. 14300 was recently issued, the NRC staff finds that special
circumstances are present under 10 CFR 50.12(a)(2). Thus, given that
following E.O. 14300 is in the public interest, the E.O. represents
the special circumstance under 10 CFR 50.12(a)(2)(vi) and an
exemption from 10 CFR 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 subsequent license renewal application to the ACRS 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, namely that ``[t]he 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
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,'' or
``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) [i]nvolve a
significant increase in the probability or consequences of an
accident previously evaluated; or (2) [c]reate the possibility of a
new or different kind of accident from any accident previously
evaluated; or (3) [i]nvolve a significant reduction in a margin of
safety.'' This exemption has no bearing on the operation of BFN and
the NRC staff identified no ``truly novel or noteworthy'' issues for
an 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 fits within 10 CFR 51.22(c)(25)(vi)(A), (B), and (I)
in that they involve ``recordkeeping requirements,'' ``reporting
requirements,'' or ``other requirements of an administrative,
managerial, or organizational nature.'' Accordingly, an exemption
from 10 CFR 54.25 meets the eligibility criteria for 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 the 10 CFR 54.25
requirement to send the BFN, Units 1, 2, and 3 subsequent 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, is consistent with the common defense and
security, special circumstances are present, and the EDO has
consulted with the Commission. Therefore, the subsequent license
renewal application is no longer required to be referred to the ACRS
for a review and report. The planned steps to meet 10 CFR 54.25
described in Section 5 of the July 18, 2025 SE (ML25195A021) are no
longer needed and will not be taken.
The exemption is effective upon issuance.
Dated at Rockville, Maryland, this 25th 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. 2025-14425 Filed 7-29-25; 8:45 am]
BILLING CODE 7590-01-P