[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Notices]
[Pages 43482-43485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17282]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-461; NRC-2025-1039]
Constellation Energy Generation, LLC; Clinton Power Station, Unit
1; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
-----------------------------------------------------------------------
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. NPF-62 for Clinton Power Station, Unit 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.
DATES: The exemption was issued on August 29, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-1039 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-2025-1039. 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)
[[Page 43483]]
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 Public 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: September 5, 2025.
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. 50-461; Constellation Energy Generation, LLC; Clinton Power
Station, Unit 1; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption from the requirement in Title 10 of the Code of Federal
Regulations (10 CFR) Part 54.25, ``Report of the Advisory Committee
on Reactor Safeguards,'' that would otherwise require the
application for renewal of Facility Operating License No. NPF-62 for
Clinton Power Station (CPS), Unit 1, 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, using the requirement
in 10 CFR 54.15, ``Specific exemptions,'' (invoking the process in
10 CFR 50.12, Specific exemptions''), finds the criteria of 10 CFR
50.12 are met due to the special circumstance presented by Executive
Order (E.O.) 14300 (90 FR 22587), ``Ordering the Reform of the
Nuclear Regulatory Commission,'' section 4(b) (stating that review
by ACRS of permitting and licensing issues shall focus on issues
that are truly novel or noteworthy).
I. Background
Constellation Energy Generation, LLC (CEG) is the holder of
Facility Operating License No. NPF-62 for CPS, Unit No. 1. 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. CPS, Unit 1 is a General Electric boiling water
reactor with a Mark 3 containment licensed to operate at 3,473
megawatts thermal. CPS, Unit 1, is located near Clinton, Illinois.
On February 14, 2024, CEG submitted to the NRC an application
for renewal of the CPS, Unit 1 Facility Operating License No. NPF-
62, pursuant to 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
expiration on April 17, 2027 (ML24045A026). A final decision on the
application is expected on or about October 9, 2025.
Under 10 CFR 54.25, ``[e]ach renewal application will be
referred to the [ACRS] 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 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 August 29, 2025, the NRC staff issued a Safety Evaluation
(SE) (ML25238A215) documenting the NRC staff's review of the
application.
II. Action
In light of E.O. 14300, the status of the review of the license
renewal application for CPS, Unit 1, and the fact that the NRC staff
found no ``truly novel or noteworthy'' issues in the application
that would benefit from 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, 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 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 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
[ACRS] 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, 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), 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,
[[Page 43484]]
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 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 staff 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
NRC staff, which has a robust process for reviewing applications for
renewed licenses, has completed its detailed review of how the CPS,
Unit 1, application addressed the standards of 10 CFR 54.29 (and
other relevant regulations). The result of the safety review is
documented in an August 29, 2025, SE 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 the 10 CFR 54.25 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 CPS 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 the 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
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 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 renewal applications be referred to ACRS. Section 4(b) of E.O.
14300 states that the ``[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 CPS, Unit 1, license renewal application.
To make a determination that the CPS, Unit 1, application 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 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 CPS, Unit 1, application. Accordingly, because the
Commission did not specifically refer this application for ACRS
review, there are no ``truly novel or noteworthy'' issues in the
CPS, Unit 1, application. Furthermore, since E.O. 14300 was recently
issued, the NRC staff finds that special circumstances are present
pursuant to 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
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 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(a), 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
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,'' 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 the CPS
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 CPS
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 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 CPS, Unit 1, 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 ACRS for a review and report.
The exemption is effective upon issuance.
Dated at Rockville, Maryland, this 29th day of August, 2025.
[[Page 43485]]
For the Nuclear Regulatory Commission.
/RA/ (Lauren Gibson for)
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2025-17282 Filed 9-8-25; 8:45 am]
BILLING CODE 7590-01-P