[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Notices]
[Pages 37574-37577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14746]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-410; NRC-2025-0742]
Constellation Energy Generation, LLC; Nine Mile Point Nuclear
Station, Unit 2; License Amendment Request
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to comment, request a hearing, and to petition for
leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Renewed Facility Operating License (RFOL)
No. NPF-69, issued to Constellation Energy Generation, LLC (CEG, or the
licensee) for operation of the Nine Mile Point Nuclear Station, Unit 2,
located in Oswego, New York. The proposed license amendment would
revise the technical specifications (TS) to eliminate the requirement
for automatic main steam line (MSL) isolation based on the temperature
in the area around the MSL. In lieu of automatic isolation, a new
specification is proposed that requires manual action when the MSL area
temperature is above the limit.
DATES: Submit comments by September 4, 2025. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date. Requests for a hearing or petition for leave to intervene
must be filed by October 6, 2025.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website.
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0742. 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.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Richard Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1030; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-0742 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0742.
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
[[Page 37575]]
time (ET), Monday through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2025-0742 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to RFOL No. NPF-69
for Nine Mile Point Nuclear Station, Unit 2, located in Oswego, New
York, Docket No. 50-410.
By letter dated July 18, 2025 (ADAMS Accession No. ML25199A162),
Constellation Energy Generation, LLC submitted a license amendment
request for Nine Mile Point Nuclear Station, Unit 2, to revise
Technical Specification Limiting Condition for Operation (LCO) 3.3.6.1,
Table 3.3.6.1-1, by deleting Trip Function 1.e, ``Main Steam Line
Tunnel Temperature--High,'' Trip Function 1.f, ``Main Steam Line Tunnel
Differential Temperature--High,'' and Trip Function 1.g, ``Main Steam
Line Tunnel Lead Enclosure Temperature--High,'' and inserting the word
``Deleted'' in Table 3.3.6.1-1, ``Primary Containment Isolation
Instrumentation,'' for each deleted Trip Function. The proposed change
adds a new TS LCO 3.7.7, ``Main Steam Line (MSL) Area Temperature,'' to
require MSL area maximum temperatures to be maintained less than or
equal to the limits specified in new Table 3.7.7-1. The proposed change
also adds a new corresponding surveillance requirement to require
verification that the MSL area temperatures are maintained in
accordance with Table 3.7.7-1 on a frequency controlled by the
Surveillance Frequency Control Program.
Before issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in section 50.92 of title 10 of the Code of
Federal Regulations (10 CFR), ``Issuance of amendment,'' states that
operation of the facility in accordance with the proposed amendment
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. As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented as follows:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes do not alter any of the previously evaluated
accidents in the USAR [Updated Safety Analysis Report]. The proposed
changes do not affect any of the initiators of previously evaluated
accidents in a manner that would increase the likelihood of the event.
The proposed change also eliminates the automatic Main Steam Isolation
Valve (MSIV) isolation function associated with MSL Area high
temperature from the requirements of the Technical Specifications (TS)
and creates TS requirements for MSL Area temperature monitoring in a
new TS 3.7.7.
Automatic isolation of the MSIVs on MSL Area high temperature is
not an initiator of any accident previously evaluated. A manual plant
shutdown initiated due to MSL leakage in the MST [Main Steam Tunnel] or
MSTLE [Main Steam Tunnel Lead Enclosure] is not an initiator of any
accident previously evaluated. There is no credit taken in any
licensing basis analysis for MSIV closure on MSL Area high temperature,
and there are no calculations that credit the subject isolation
function as a mitigative feature.
As a result, the likelihood of malfunction of an SSC [structures,
systems and components] is not increased. The capability and operation
of the mitigation systems are not affected by the proposed changes.
Thus, the mitigating systems will continue to be initiated and mitigate
the consequences of an accident as assumed in the analysis of accidents
previously evaluated.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident previously
evaluated.
2. Does the proposed amendment create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed TS changes involve a change in the surveillance
testing intervals to facilitate a change in the operating cycle length.
The proposed TS changes do not introduce any failure mechanisms of a
different type than those previously evaluated, since there are no
physical configuration or design changes being made to the facility.
No new or different equipment is being installed. No installed
equipment is being operated in a different manner. As a result, no new
failure modes are being introduced.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
3. Does the proposed amendment involve a significant reduction in a
margin of safety?
Response: No.
The proposed TS changes involve a change in the surveillance
testing intervals to facilitate a change in the operating cycle length.
The impact of these changes on system availability is not significant,
based on other more frequent testing that is performed, the existence
of redundant systems and equipment, and overall system reliability.
The proposed changes do not significantly impact the condition or
performance of structures, systems, and components relied upon for
accident mitigation. The proposed changes do not result in any hardware
changes or in any changes to the analytical limits assumed in accident
analyses. Existing operating margin between plant conditions and actual
plant setpoints is not significantly reduced due to these changes. The
proposed changes do not significantly impact any safety analysis
assumptions or results. Therefore, the proposed change does not involve
a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and considers
the licensee's discussion of proposed TS changes. Based on the NRC
staff's
[[Page 37576]]
review, the staff has determined that the three standards of 10 CFR
50.92(c) are satisfied. Therefore, the NRC staff proposes to determine
that the license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment
period such that failure to act in a timely way would result, for
example, in derating or shutdown of the facility. If the Commission
takes action prior to the expiration of either the comment period or
the notice period, it will publish in the Federal Register a notice of
issuance. If the Commission makes a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action
before the 60-day notice period has elapsed will occur very
infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
If a hearing is requested and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration, which will serve to establish when
the hearing is held. If the final determination is that the license
amendment request involves no significant hazards consideration, the
Commission may issue the amendment and make it immediately effective,
notwithstanding the request for a hearing. Any hearing would take place
after issuance of the amendment. If the final determination is that the
amendment request involves a significant hazards consideration, then
any hearing held would take place before the issuance of the amendment
unless the Commission finds an imminent danger to the health or safety
of the public, in which case it will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053), and the NRC's public website
(https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate).
IV. Electronic Submissions and E-Filing
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056), and on the NRC's public website
(https://www.nrc.gov/site-help/e-submittals.html).
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to: (1) request a digital identification
(ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket is created, the participant must submit
adjudicatory documents in the Portable Document Format. Guidance on
submissions is available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is
considered complete at the time the document is submitted through the
NRC's E-Filing system. To be timely, an electronic filing must be
submitted to the E-Filing system no later than 11:59 p.m. ET on the due
date. Upon receipt of a transmission, the E-Filing system time-stamps
the document and sends the submitter an email confirming receipt of the
document. The E-Filing system also distributes an email that provides
access to the document to the NRC's Office of the General Counsel and
any others who have advised the Office of the Secretary that they wish
to participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed in order to obtain access to the documents via the E-Filing
system.
[[Page 37577]]
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless otherwise excluded pursuant to an order of
the presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated July 18, 2025 (ADAMS Accession
No. ML25199A162).
Attorney for licensee: Jason Zorn, Associate General Counsel,
Constellation Energy Generation, LLC, 101 Constitution Ave. NW, Suite
400 East, Washington, DC 20001.
NRC Branch Chief: Hip[oacute]lito Gonz[aacute]lez.
Dated: July 31, 2025.
For the Nuclear Regulatory Commission.
Richard Guzman,
Senior Project Manager, Plant Licensing Branch 1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2025-14746 Filed 8-4-25; 8:45 am]
BILLING CODE 7590-01-P