[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Notices]
[Pages 42038-42040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16443]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-009; NRC-2025-0973]
Entergy Operations, Inc.; Grand Gulf 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 May 2, 2025, request from Entergy
Operations, Inc., to allow the submittal of a renewal application for
ESP-002 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 August 18, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0973 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-2025-0973. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual(s) 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 ADAMS Public 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: August 25, 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. 52-009; Entergy Operations, Inc.; Grand Gulf Early Site
Permit; Exemption
I. Background
System Energy Resources Inc. (SERI), a subsidiary of the Entergy
Corporation, is the holder of early site permit (ESP) ESP-002.
Entergy Operations, Inc. (Entergy), also a subsidiary of Entergy
Corporation, on behalf of SERI, is the requestor of this exemption.
The ESP was issued for a site located approximately 25 miles south
of the city of Vicksburg, Mississippi and adjacent to the existing
Grand Gulf nuclear power station. The ESP approves the site for
additional nuclear power plants, which may be modular and designed
to operate collectively at no more than 8600 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 Grand Gulf ESP
became effective on April 5, 2007, and expires on April 5, 2027.
II. Request/Action
By letter dated May 2, 2025 (Agencywide Documents Access and
Management System Accession No. ML25122A082), Entergy 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-002 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 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, Entergy stated that two special circumstances apply to
its request. The two special circumstances that Entergy 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 Entergy to submit a sufficient
renewal application for ESP-002 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,
[[Page 42039]]
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 Entergy 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 Entergy 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 Entergy 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-002 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 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-002, and the exemption only affects the
timeframe for submitting the ESP-002 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 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 Entergy 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 Entergy 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 Entergy 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.
[[Page 42040]]
IV. Conclusions
Accordingly, the NRC has determined that, pursuant to 10 CFR
50.12 and 10 CFR 52.7, 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 Entergy a one-time
exemption from 10 CFR 2.109(c) and 10 CFR 52.29 for the Grand Gulf
Early Site Permit ESP-002 to allow the submittal of the Grand Gulf
Early Site Permit ESP-002 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 18th day of August 2025.
For the Nuclear Regulatory Commission.
/RA/
Michele Sampson,
Director,
Division of New and Renewed Licenses, Office of Nuclear Reactor
Regulation.
[FR Doc. 2025-16443 Filed 8-27-25; 8:45 am]
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