[Federal Register Volume 90, Number 188 (Wednesday, October 1, 2025)]
[Notices]
[Pages 47357-47360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19140]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249; NRC-2025-1105]
Constellation Energy Generation, LLC; Dresden Nuclear Power
Station, Unit Nos. 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-19 and DPR-25 for Dresden Nuclear Power Station, Unit Nos. 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 September 11, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-1105 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 2025-1105. 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 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].
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: Mark Yoo, Office of Nuclear Reactor
[[Page 47358]]
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-8583; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 29, 2025.
For the Nuclear Regulatory Commission.
Mark Yoo,
Senior Project Manager, Division of New and Renewed Licenses, Office of
Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249; NRC-2024-0080]
Constellation Energy Generation, LLC; Dresden Nuclear Power Station
Units 2 and 3; Exemption
I. Background
The Constellation Energy Generation, LLC (CEG) is the holder of
Facility Operating License Nos. DPR-19 and DPR-25 for Dresden Nuclear
Power Station (Dresden), Units 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 Dresden, Units 2 and 3 on February 20, 1991, and
January 12, 1971, respectively. Dresden, Units 2 and 3 are General
Electric boiling water reactors with Mark I containments and a licensed
thermal power level of 2,957 megawatts thermal each. Dresden, Units 2
and 3 are located in Morris, Illinois.
On April 17, 2024, CEG submitted to the NRC an application for
subsequent renewal of Facility Operating License Nos. DPR-19 and DPR-25
for Dresden, Units 2 and 3, 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 22, 2029, for Unit 2 and January 12, 2031, for Unit 3. A final
decision on the application is expected on or before November 13, 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 September 9, 2025, the NRC staff issued a Safety Evaluation (SE)
(ML25251A146) documenting the NRC staff's review of CEG's subsequent
license renewal application for Dresden, Units 2 and 3. Because the NRC
staff identified no issues in this license renewal application review
that are ``truly novel or noteworthy,'' the NRC is granting an
exemption to the requirement in 10 CFR 54.25 to send the application to
the ACRS for review.
II. Action
In light of E.O. 14300, the status of the review of the subsequent
license renewal application for Dresden, Units 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
[[Page 47359]]
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 Dresden, Units 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 SE.
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 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 Dresden, Units 2 and 3, subsequent license renewal
application. To make a determination that the subsequent license
renewal application for Dresden, Units 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 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 Dresden, Units 2 and 3. The issuance of E.O. 14300 is
the material circumstance not considered when 10 CFR 54.25 was adopted,
and the NRC has followed the E.O. concerning limiting ACRS review for
issues that are truly novel or noteworthy. Thus, it is in the public
interest to grant an exemption. In fulfillment of 10 CFR
50.12(a)(2)(vi), the EDO consulted with the Commission on the granting
of the 10 CFR 54.25 exemptions.
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 Dresden, Units 2 and 3, 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
[[Page 47360]]
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 Dresden, Units 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 exemption is effective upon issuance.
Dated at Rockville, Maryland, this 11th day of September 2025.
For the Nuclear Regulatory Commission.
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2025-19140 Filed 9-30-25; 8:45 am]
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