[Federal Register Volume 90, Number 247 (Wednesday, December 31, 2025)]
[Notices]
[Pages 61435-61438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-24101]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-171; NRC-2025-1141]
Constellation Energy Generation, LLC; Peach Bottom Atomic Power
Station, Unit 1; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, or Commission)
has issued an exemption in response to a request from Constellation
Energy Generation, LLC to allow the completion of decommissioning
beyond 60 years of permanent cessation of operations for the Peach
Bottom Atomic Power Station, Unit 1.
DATES: The exemption was issued on December 23, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-1141 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-2025-1141. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-10003; 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: Tanya Hood, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington
DC 20555-0001; telephone: 301-415-1387; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: December 29, 2025.
For the Nuclear Regulatory Commission.
Tanya Hood,
Project Manager, Reactor Decommissioning Branch, Division of
Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear
Material Safety and Safeguards.
Attachment--Exemption.
NUCLEAR REGULATORY COMMISSION
Docket No. 50-171
Constellation Energy Generation, LLC
Peach Bottom Atomic Power Station, Unit 1 Exemption
I. Background
By letter dated October 20, 2023 (Agencywide Documents Access and
Management System Accession No. ML23293A305), as supplemented by
letters dated May 13, 2024, and August 1, 2024 (ML24134A179 and
ML24214A323, respectively), Constellation Energy Generation, LLC (the
licensee), submitted a request for Peach Bottom Atomic Power Station
Unit 1 (Peach Bottom Unit 1) that would allow the completion of
decommissioning for Peach Bottom Unit 1 beyond 60 years of permanent
cessation of operations.
The Peach Bottom Atomic Power Station is in York County, PA and is
composed of three reactor licenses: Peach Bottom Unit 1 (License No.
DPR-12), which is presently in a long-term storage condition for a
permanently shut down nuclear power plant, referred to as SAFSTOR and
is the subject of this request, along with Peach Bottom Unit 2 (DPR-44)
and Peach Bottom Unit 3 (DPR-56), which are actively operating. Peach
Bottom Unit 1 is licensed pursuant to Section 104(b) of the Atomic
Energy Act of 1954, as amended, and Title 10 of the Code of Federal
Regulations (10 CFR) Part 50, Paragraph 50.82(a)(2) to possess but not
operate the facility. Peach Bottom Unit 1 was a high-temperature gas-
cooled reactor (HTGR) that permanently ceased operations on October 31,
1974. All Peach Bottom Unit 1 spent fuel containing special nuclear
material was removed from the site and shipped to a U.S. Department of
Energy facility in Idaho. Peach Bottom Unit 1 has been monitored and
controlled in SAFSTOR in accordance with the Facility Operating
License, Technical Specifications as amended, and Decommissioning Plan.
II. Request/Action
The regulation at 10 CFR 50.82(a)(3) requires power reactor
licensees to complete decommissioning within 60 years of permanent
cessation of operations. The regulation provides that completion of
decommissioning beyond 60 years will be considered by the U.S. Nuclear
Regulatory Commission (NRC or Commission) only when necessary to
protect public health and safety, with site-specific factors considered
when reviewing such requests, including the presence of other nuclear
facilities at the site.
The licensee requested an alternative to the 60 year
decommissioning schedule requirements in 10 CFR 50.82(a)(3) to
decommission Peach Bottom Unit 1 to coincide with the eventual
decommissioning of Peach Bottom Units 2 and 3. The licensee stated its
alternative request ``meets the evaluation factors in 10 CFR
50.82(a)(3) due to the potential impact on public health and safety
with other nuclear facilities present at the site'' and that ``[t]his
request is to allow [the licensee] to complete the decommissioning of
[Peach Bottom], Unit 1, in a time frame more suitable with the
decommissioning of [Peach Bottom], Units 2 and 3, in order to reduce
the overall risk and increase the margin to public health and safety.''
The licensee is requesting that the decommissioning schedule for
Peach
[[Page 61436]]
Bottom Unit 1 be completed no later than 20 years following the
permanent shutdown of Peach Bottom Units 2 and 3, pending a decision to
modify the expiration dates for Peach Bottom's subsequent renewed
facility operating licenses DPR-44 and DPR-56 for Peach Bottom Units 2
and 3, per an application dated July 10, 2018 (ML18193A689). On March
5, 2020, the NRC issued subsequent renewed facility operating licenses
for Peach Bottom (ML20010F285), which included the expiration dates of
August 8, 2053, for Peach Bottom Unit 2 and July 2, 2054, for Peach
Bottom Unit 3. On February 2022, in CLI-22-04 (ML22055A557), the
Commission determined that the environmental review associated with
that licensing action was incomplete and therefore directed the NRC
staff to complete this environmental review and to change the licenses'
expiration dates to match the expiration dates of the previous licenses
until the completion of the environmental review. Therefore, on March
25, 2022 (ML22073A193), in accordance with the Commission's direction,
the NRC staff modified the expiration dates of these subsequent renewed
licenses to reflect the end dates of the previous renewed licenses. On
September 30, 2025 (ML25209A020), the NRC staff issued its decision to
restore the end dates of the subsequent renewed licenses for Peach
Bottom Atomic Power Station, Units 2 and 3 to August 8, 2053, and to
July 2, 2054, respectively.
To support its review of the request for an alternative
decommissioning schedule, the NRC staff conducted a regulatory audit of
the application onsite at the Peach Bottom Atomic Power Station. The
NRC staff issued an audit plan to the licensee on March 28, 2024
(ML24088A318), which provided the scope of the audit.
III. Discussion
Under 10 CFR 50.82(a)(3), the Commission will approve an
alternative that provides for completion of decommissioning beyond 60
years of permanent cessation of operations only when necessary to
protect public health and safety. In evaluating whether an alternative
is necessary, the regulations provide that the NRC will consider
factors such as unavailability of waste disposal capacity; or other
site-specific factors affecting the licensee's capability to carry out
decommissioning, including presence of other nuclear facilities at the
site. Prior to this request for an alternative decommissioning
schedule, Peach Bottom, Unit 1, was required to complete
decommissioning by October 31, 2034.
The NRC staff's approach in evaluating the 10 CFR 50.82(a)(3)
criteria is documented, in part, in SECY-24-0073, ``Site-Specific
Considerations for Review of Requests to Complete Power Reactor
Decommissioning Beyond 60 Years from Permanent Cessation of
Operations,'' dated September 3, 2024 (ML24100A760). In conducting the
Peach Bottom review, which was the first time the NRC staff applied the
approach outlined in the SECY, the NRC staff remained mindful of the
approach outlined, and also applied additional risk insights and site-
specific considerations, as explained in SECY-25-0095, ``Staff's
Planned Approval of Peach Bottom Atomic Power Station Unit 1 Exemption
Request for Alternative Decommissioning Schedule,'' dated December 10,
2025 (ML25150A317). The NRC has determined that the licensee has met
the ``only when necessary to protect public health and safety''
criterion because the licensee showed that Peach Bottom Unit 1
decommissioning activities could result in site-specific impacts on
public health and safety due to the increased risk to systems and
structures supporting the adjacent operating Peach Bottom Units 2 and
3.
Presence of Other Nuclear Facilities
The licensee's request for an alternative decommissioning schedule
was based on the potential impacts to public health and safety from
decommissioning Peach Bottom Unit 1 while there are two other operating
nuclear facilities at the site. In support of its exemption request,
the licensee noted that many portions of the original Peach Bottom Unit
1 facilities have been refurbished to support ongoing power operations
support functions at Peach Bottom Units 2 and 3. Specifically, the
Peach Bottom Technical Support Center (TSC) and Control Room Simulator
support regulatory required functions for the operating units at the
site for Emergency Planning and Operations Training, respectively. The
licensee also indicated that there are interconnectivity issues between
the operational support facilities (i.e., the TSC, Control Room
Simulator, and administration building) and portions of Peach Bottom
Unit 1 site. The buildings housing these functions are not within
radiological areas of Peach Bottom Unit 1, and thus, are not within the
scope of decommissioning for license termination. However, the licensee
stated that portions of the facilities are physically attached to the
Peach Bottom Unit 1 containment structure, which is within a
radiologically controlled area boundary and which the licensee
indicates would need to be decommissioned to terminate the Peach Bottom
Unit 1 license. Therefore, the licensee states that decommissioning the
attached containment structure could impact the TSC and Control Room
Simulator, and their use by Peach Bottom Units 2 and 3, due to their
current location on the Peach Bottom Unit 1 footprint near the Peach
Bottom Unit 1 reactor.
Additionally, the licensee notes other connectivity impacts of
decommissioning Peach Bottom Unit 1 while Peach Bottom Units 2 and 3
continue to operate. The Peach Bottom Unit 1 footprint that must be
decommissioned does not have any systems, structures, or components
(SSCs) important to safety that are shared between Peach Bottom Unit 1
and Peach Bottom Units 2 and 3. However, the licensee's audit response
explains that accessing the systems for removal in the containment
structure at Peach Bottom Unit 1 would pose challenges due to the
proximity and location of the administration building. In its audit
response and with regard to impacts, the licensee explained that,
``while the adjacent administrative/training buildings to the east and
south are not radiologically controlled or within the scope of
decommissioning for license termination, elimination of these
interfacing interferences following [Peach Bottom Units 2 and 3]
operations would improve the access and ability to perform safe
decommissioning of the containment building and internal SSCs. Physical
space for an adequate confinement structure and associated engineered
controls, including ventilation and radiological monitoring, are
critical aspects of performing decommissioning activities related to
the graphite components within the reactor vessel of this HTGR.''
Also, the containment building at the Peach Bottom Unit 1 facility
contains the radioactive reactor vessel, reactor internals, and
graphite, and consists of a 100-foot diameter steel containment vessel
reinforced by stiffening rings with a concrete floor. The steel
containment vessel is on an approximately 3-foot-thick concrete
foundation constructed on bedrock. The containment building is an
important component because the containment building performs a safety
function in confining radioactive material so that there is no
exceedance of the radiation protection requirements outlined in 10 CFR
part 20. The licensee's SAFSTOR program will continue for the extended
period of decommissioning and the licensee should update its program
[[Page 61437]]
accordingly. For the period beyond 60 years, the NRC will continue its
inspection of the SAFSTOR program as outlined in the Updated Final
Safety Analysis Report, technical specifications, and licensee
procedures, including the material condition of the Peach Bottom Unit 1
buildings, such as the Unit 1 containment.
In evaluating this information, the NRC staff determined that the
licensee presented a reasonable argument that the proximity of Peach
Bottom Units 2 and 3, and specifically, the support facilities
associated with them in relation to the decommissioning facility, is a
site-specific factor that affects the licensee's capability to safely
carry out decommissioning. The NRC staff agrees that the proximity of
the support facilities to Peach Bottom Unit 1 is likely to impact the
manner in which the licensee would decommission Peach Bottom Unit 1
such that the overall risk to the public health and safety due to
decommissioning would likely be decreased if the decommissioning of
Peach Bottom Unit 1 occurred after Peach Bottom Units 2 and 3 were no
longer operating. Because of this, the NRC staff concludes that the
presence of these other nuclear facilities impacts the method in which
the licensee could reduce risk during decommissioning. Therefore,
pursuant to 10 CFR 50.82(a)(3), the NRC staff agrees that the
interconnectivity of the support structures at the Peach Bottom Atomic
Power Station supports an alternative decommissioning schedule.
Capacity and Capability of the Power Systems
The licensee also raised concerns with potential impacts to the
electric systems if Peach Bottom Unit 1 were required to decommission
on the original 60-year schedule. According to the licensee, the Peach
Bottom Unit 1 electrical distribution system, as originally designed,
has mostly been abandoned during initial decommissioning activities,
including all generation-related and reactor-related SSCs, or has been
modified to support current functions. The 220-08 Line was originally
the grid connection for Peach Bottom Unit 1 commercial operation. The
configuration was an assortment of electromechanical protective relays
and a transfer trip system linked to the nearest switchyards on PECO's
220-08 230kV Line. When Peach Bottom Unit 1 ceased operation in 1974,
the 220-08 Line remained and became an offsite source for Peach Bottom
Units 2 and 3.
The licensee's letter dated October 20, 2023, stated that Peach
Bottom Unit 1 houses the North American Electric Reliability
Corporation (NERC) required protective relay scheme SSCs for one of the
credited offsite power sources necessary for Peach Bottom Units 2 and
3. The licensee indicated that decommissioning Peach Bottom Unit 1
challenges the 220-08 Line offsite power source that is credited for an
offsite power source for Peach Bottom Units 2 and 3, which potentially
increases the risk to public health and safety. Additionally, the
licensee further stated in its letter dated May 13, 2024, that the 220-
08 Line protective scheme affects the reliability of Bulk Electric
System, known as the grid. The 220-08 Line protective scheme detects
faults on grid components such as lines, buses, transformers, etc.,
and, therefore, is within the scope of NERC Standard PRC-005-6,
``Protection System, Automatic Reclosing, and Sudden Pressure Relaying
Maintenance.''
The NRC staff evaluated the applicable NERC standards that pertain
to the electrical power system. The NRC staff determined that the
applicable 220-08 Protection System components such as the protective
relays, communication systems, sensing devices, DC supply and control
circuitry are required to meet the maintenance activities required by
NERC Standard PRC-005-6. Moreover, the NRC staff identified additional
support for the licensee's claim that Peach Bottom Units 2 and 3 rely
upon the 220-08 Protective System components, which are located at Unit
1, for an offsite power source in the Peach Bottom Units 2 and 3
Updated Final Safety Analysis Report (UFSAR) (ML23110A266). The UFSAR
states: ``Each offsite source can be used to supply the unit auxiliary
buses for plant startup and shutdown and the cooling tower equipment. .
. . Every 4 kV emergency switchgear bus is energized from one of these
two sources at all times during normal operation. . . .''
Because power to Peach Bottom Unit 1 electrical systems and
components is provided by onsite standby power supplies as well, the
NRC staff evaluated the onsite power systems. The licensee explained,
in its letter dated May 13, 2024, that for onsite power, Peach Bottom
Unit 1 is currently equipped with a 125V direct current (DC) battery,
10D465, which is the former Peach Bottom Unit 1 station battery, and
the licensee performs maintenance and testing in accordance with
station procedures and in compliance with NERC Standard PRC-005-6.
Based on this information, the NRC staff agrees that
decommissioning of Peach Bottom Unit 1 would impact the capacity and
capability of the power systems (offsite and onsite power). Therefore,
pursuant to 50.82(a)(3), the capacity and capability of the power
systems at the Peach Bottom Atomic Power Station is a factor that, in
combination with other factors discussed above, supports an alternative
decommissioning schedule.
IV. Environmental Review Under the National Environmental Policy Act
The NRC staff has determined that the proposed exemption can be
categorically excluded under 10 CFR 51.22(c)(25) from NRC requirements
to conduct an environmental assessment or an environmental impact
statement. The categorical exclusion in 10 CFR 51.22(c)(25) states that
the granting of an exemption from the requirements of any NRC
regulation may be categorically excluded as long as the conditions of
51.22(c)(25)(i)-(vi) are met.
In this instance, the NRC staff determined all the conditions of
51.22(c)(25)(i)-(v) have been satisfied. Approving this exemption would
not: result in conditions that could significantly increase the
probability or consequences of an accident previously evaluated or
create the possibility of a new or different kind of accident; result
in a significant change in the types or a significant increase in the
amounts of any effluents that may be released offsite; result in
increases to public and occupational radiation exposure; result in a
significant construction impact; or result in a significant increase in
the potential for or consequences from radiological accidents. Approval
in this instance only continues the current status and activities at
the facility. During the duration of the decommissioning delay, the
licensee will maintain Peach Bottom Unit 1 in SAFSTOR condition in
accordance with the technical specifications for Peach Bottom Unit 1,
and the licensee will continue ongoing monitoring activities, such as
regular radiological surveys, use of monitoring wells, inspections for
(and any needed management of) groundwater intrusion into the
containment, and inspections of facility conditions.
Finally, the NRC staff has determined that the request satisfies
51.22(c)(25)(vi) because the exemption applies to the following
specific activities associated with Peach Bottom Unit 1 that support
the continued maintenance of Peach Bottom Unit 1 in SAFSTOR into the
period approved in the alternative decommissioning schedule: (A)
recordkeeping requirements; (B) reporting requirements; (C) inspection
[[Page 61438]]
and surveillance requirements; (D) equipment servicing or maintenance
scheduling requirements; (F) Safeguard plans, and materials control,
and (G) scheduling requirements.
Based on the above assessment, in accordance with 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared in connection with the NRC's consideration of this exemption
request.
VII. Conclusions
For the reasons described above, the NRC concludes that, pursuant
to 10 CFR 50.82(a)(3), there are site-specific factors affecting the
licensee's capability to carry out decommissioning at Peach Bottom Unit
1 because of the presence of the operating units at the site such that
an alternative decommissioning schedule is necessary to protect public
health and safety. The NRC's determination is based on the multiple
connections that exist between Peach Bottom Unit 1 and the operating
Peach Bottom Units 2 and 3 at this site, including the presence of the
nuclear facilities (Peach Bottom Units 2 and 3 support buildings)
located on the Peach Bottom Unit 1 footprint and the need for its
continued use by Peach Bottom Units 2 and 3, and the electric power
connection at Peach Bottom Unit 1 that is utilized as one of the
primary power sources of offsite power for Peach Bottom Units 2 and 3.
Therefore, the NRC grants Constellation Energy Generation, Inc., a
one-time exemption from 10 CFR 50.82(a)(3) to allow the licensee an
alternative decommissioning schedule that requires the decommissioning
of Peach Bottom Unit 1, 20 years after the permanent cessation of
operations of either Peach Bottom Units 2 or 3, whichever is earlier,
and in no case beyond 2074. With this approval, the licensee's SAFSTOR
program will continue for the extended period of decommissioning and
the licensee should update its program accordingly. For the period
beyond 60 years, the NRC will continue its inspection of the SAFSTOR
program as outlined in the Updated Final Safety Analysis Report,
technical specifications, and licensee procedures, including the
material condition of the Peach Bottom Unit 1 buildings, such as the
Unit 1 containment.
The exemption will be effective upon issuance.
Dated: this 23rd day of December 2025.
For the Nuclear Regulatory Commission.
/RA/
Jane Marshall,
Director, Division of Decommissioning, Uranium Recovery, and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2025-24101 Filed 12-30-25; 8:45 am]
BILLING CODE 7590-01-P