[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Notices]
[Pages 53003-53006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-20791]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346; NRC-2025-1699]
Vistra Operations Company LLC; Davis-Besse Nuclear Power Station,
Unit No. 1; 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-3, issued to Vistra Operations Company LLC (Vistra OpCo, the
licensee) for Davis-Besse Nuclear Power Station, Unit No. 1. (DBNPS).
The proposed license amendment would extend the completion time (CT) to
15 days for Technical Specification 3.8.1, ``AC [alternating current]
Sources-Operating,'' Action A.3 for one time only during Cycle 24. For
this amendment request, the NRC proposes to determine that it involves
no significant hazards consideration.
DATES: Submit comments by December 24, 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 January 23, 2026.
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-2025-1699. 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.
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: Robert Kuntz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3733; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-1699 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-2025-1699.
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 amendment request is available
at ML25295A487.
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.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2025-1699 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
[[Page 53004]]
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-3
for Davis-Besse Nuclear Power Station, Unit No. 1, located in Ottawa
County, Ohio.
The amendment would allow a one-time extension of the CT for
Technical Specification 3.8.1, Action A.3, as described in their
submittal dated October 22, 2025.
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), this means 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 startup transformers are standby equipment that are not
normally used during power operations until after the initiation of an
accident scenario, so extending the time the startup transformer X02 is
allowed to be out of service does not increase the probability of an
accident previously evaluated in the Updated Final Safety Analysis
Report (UFSAR).
There is no significant increase in the consequences of an accident
during the repairs to startup transformer X02. A risk assessment has
been performed for plant configuration during the proposed CT change.
The Probabilistic Risk Assessment (PRA) analysis supports this CT
change to TS 3.8.1. The Incremental Conditional Core Damage Probability
and the Incremental Conditional Large Early Release Probability both
remain below the acceptance criterion described in Regulatory Guide
1.177. The increase in risk can be mitigated by the measures described
in section 3.2 above, specifically protecting important equipment such
as the Emergency Diesel Generators (EDGs), Station Blackout Diesel
Generator (SBODG), and Emergency Feedwater System (EFW). The risk
assessment recommends that these systems be maintained available and
protected throughout the duration of the extended CT to mitigate the
increased risk of a loss of offsite power and to mitigate the increased
fire and seismic risk.
There is no change in the station response to a Loss of Offsite
Power (LOOP) or Station Blackout (SBO) as a result of the CT change
because X02 is not included in the designated equipment used in the
LOOP and SBO coping strategies.
Therefore, the proposed change does 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 amendment involves repairs to startup transformer X02.
This work is to be performed with the plant online. During normal
online operations, startup transformer X02 is in a standby condition
with plant loads being provided by auxiliary transformer X11. The
proposed change does not alter the design, physical configuration, or
mode of operation of any other plant structure, system, or component.
The proposed extended X02 inoperability is bounded by the LOOP
analysis. No physical changes are being made to any other portion of
the plant (i.e., no new or different type of equipment will be
installed) or a change in the method governing normal plant operation;
therefore, no new accident scenarios, failure mechanisms, or limiting
single failures are introduced as a result of this change. The proposed
change to the CT to allow repairs of startup transformer X02 does not
result in any new mechanisms that could initiate damage to the reactor
or its principal safety barriers since all design and performance
criteria will continue to be met and DBNPS will continue to be operated
within the limits of its licensing basis. Therefore, the proposed
amendment 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 amendment to extend the TS 3.8.1 Action A.3 CT does
not significantly reduce the margin of safety for accident mitigation.
During the proposed maintenance, both trains of emergency power will be
supplied by auxiliary transformer X11 which is the normal configuration
when the main generator is in service. Both EDGs will be maintained
operable and the SBODG will be maintained functional and protected in
the event of a LOOP. Compensatory measures will be implemented to
minimize nuclear safety and generation risk.
To support a scheduled 13-day maintenance period, Vistra OpCo
requests a CT of 15 days. PRA analysis (attachment 5 [of the
application]) has determined a CT of 18 days remains within the
Regulatory Guide 1.177 criterion. Therefore, the proposed amendment
does not involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears 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 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.
[[Page 53005]]
The Commission expects that the need to take this action 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 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 on 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.
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
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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 October 22, 2025 (ADAMS
Accession No. ML25295A487).
Attorney for licensee: Roland Blackhaus, Senior Lead Counsel-
Nuclear, Vistra Corp., 325 7th Street NW, Suite 520, Washington, DC
20004.
NRC Branch Chief: Ilka Berrios.
Dated: November 20, 2025.
For the Nuclear Regulatory Commission.
David Wrona,
Chief, Plant Licensing Branch II-2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2025-20791 Filed 11-21-25; 8:45 am]
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