[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Notices]
[Pages 9888-9890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03957]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-010; NRC-2026-1090]
Constellation Energy Generation, LLC; Dresden Nuclear 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 Dresden
Nuclear Power Station, Unit 1.
DATES: The exemption was issued on February 19, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-1090 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-2026-1090. 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: Tanya E. 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: February 25, 2026.
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. 50-010; Constellation Energy Generation, LLC; Dresden
Nuclear Power Station, Unit 1; Exemption
I. Background
By letter dated March 14, 2024 (Agencywide Documents Access and
Management System Accession No. ML24074A437), as supplemented by
letters dated July 22, 2024, July 31, 2024, and December 5, 2024
(ML24204A219, ML24213A313, and ML24340A271 respectively),
Constellation Energy Generation, LLC (the licensee) submitted a
request for an alternative decommissioning schedule for Dresden
Nuclear Power Station, Unit 1 (Dresden Unit 1) that would allow the
completion of decommissioning for Dresden Unit 1 in conjunction with
the decommissioning of Dresden's operating units, Units 2 and 3,
thereby extending decommissioning beyond 60 years of permanent
cessation of operations.
The Dresden Nuclear Power Station is in Grundy County, IL and is
composed of three reactor licenses: Dresden Unit 1 (License No. DPR-
2), 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 Dresden Unit 2 (DPR-
19) and Dresden Unit 3 (DPR-25), which are actively operating.
Dresden 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.
Dresden Unit 1 was a boiling water reactor that permanently
ceased operations on October 31, 1978. In October 1984, a decision
was made to decommission Dresden Unit 1 and a chemical
decontamination of the primary system was completed. On July 23,
1986, the U.S. Nuclear Regulatory Commission (NRC or Commission)
issued a license amendment to alter the Dresden Unit 1 operating
license to possession only status. Between 1986 and 2006, various
decommissioning activities were performed at Dresden Unit 1,
including the transfer of the spent fuel to the onsite independent
spent fuel storage installation (ISFSI); the September 1993 approval
of the decommissioning plan (ML20057A646); the
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May 1998, submission by the Commonwealth Edison Company of the
Dresden Post-Shutdown Decommissioning Activities Report (PSDAR) to
the NRC (ML20248H086); and the revision of the Decommissioning
Program Plan to the current Defueled Safety Analysis Report (DSAR)
format. Since that time, Dresden 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 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 Dresden Unit 1 to coincide with the eventual
decommissioning of Dresden 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]here are site-specific factors, supporting the operation of
Dresden Units, 2 and 3, that necessitate decommissioning of Dresden,
Unit 1, beyond 60 years of permanent cessation of operations to best
protect public health and safety.''
On September 30, 2025, the NRC issued subsequent renewed
facility operating licenses for Dresden Units 2 and 3 (ML25233A275),
which included the expiration dates of December 22, 2049, and
January 12, 2051, respectively. The licensee is requesting extension
of Dresden Unit 1 decommissioning completion and license termination
to be concurrent with that of Dresden Units 2 and 3.
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
Commission 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, Dresden Unit 1,
was required to complete decommissioning by October 31, 2038.
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). As explained in
more detail below, the NRC has determined that the licensee has met
the ``only when necessary to protect public health and safety''
criterion because the licensee demonstrated that Dresden Unit 1
decommissioning activities could result in site-specific impacts on
public health and safety due to the increased risk to structures,
systems, and components (SSCs) supporting the adjacent operating
Dresden Units 2 and 3 and the associated security measures.
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 Dresden Unit 1, while there are two
other operating nuclear facilities at the site. Specifically, the
licensee noted that the proximity and interconnectivity of Dresden
Unit 1 to the operating Units, Dresden Units 2 and 3, pose unique
challenges to decommissioning Unit 1 while the remaining units
continue to operate.
In support of its exemption request, the licensee noted that
Dresden Unit 1 is structurally connected to Dresden Units 2 and 3.
To complete decommissioning of Dresden Unit 1, several large
components of Dresden Unit 1, including the reactor vessel,
supporting reactor coolant systems, and steam supply systems, must
be removed and shipped for disposal. Removal of these large
components from Dresden Unit 1 while Dresden Units 2 and 3 continue
to operate would be particularly challenging given the proximity and
shared structures between Dresden Unit 1 and the operating units,
Dresden Units 2 and 3. In support of its exemption request, the
licensee noted that removal of the remaining large components and
conducting other decommissioning activities at Dresden Unit 1 while
Units 2 and 3 continue to operate would require the structural
separation of the Main Control Room and Turbine Building to permit
demolition of the Dresden Unit 1 Turbine Building structure. The
licensee's assessment determined that attempting to separate the
structures was prohibitive as the Main Control Room resides in both
Dresden Unit 1 and Dresden Unit 2 Turbine Buildings, rendering the
Dresden Unit 1 Turbine Building necessary to support safe operation
of Units 2 and 3.
The licensee also indicated that the operating Dresden Units 2
and 3, have underground cable tunnels that are in close proximity to
the Dresden Unit 1 containment structure. These various buried power
and mechanical systems within the previous operating area of Dresden
Unit 1, create site characteristics not normally encountered during
decommissioning activities. In this instance, the close proximity of
the underground cable tunnels to the Dresden Unit 1 buildings that
would be decommissioned would require relocation. Physical
relocation of these systems would require new robust structures,
installation of redundant equipment, and space outside of Dresden
Unit 1 operating areas being decommissioned.
Additionally, the licensee notes that the entire site containing
Dresden Units 1, 2, and 3, along with the associated ISFSI, are
within a common site Protected Area under the site Physical Security
Plan, which meets the physical protection requirements of 10 CFR
part 73 for operating power reactors. Generally, as power reactors
begin decommissioning, the sites transition to security plans
meeting 10 CFR part 72 for ISFSIs and 10 CFR part 37 for security of
radioactive materials. However, the licensee states that under both
SAFSTOR and during dismantlement of Dresden Unit 1, due to the
physical site characteristics, implementation of 10 CFR part 37 and
72 security plans for Dresden Unit 1 would not be feasible given the
proximity and interconnectivity of Dresden Unit 1 to Dresden Units 2
and 3. These unique physical site characteristics make isolating
areas of Dresden Unit 1 for decommissioning, and for implementation
of a 10 CFR part 72 and Part 37 security plan for Dresden Unit 1,
impractical. Therefore, according to the licensee, and consistent
with the licensee's current decommissioning strategy as stated in
the Dresden Unit 1 PSDAR, delaying the decommissioning of Dresden
Unit 1 to coincide with shutdown of Dresden Units 2 and 3 would
permit the implementation of a 10 CFR part 72 and Part 37 site-wide
Physical Security Plan during decommissioning where common
decommissioning techniques would be utilized across all units to
provide for safe and efficient conduct of decommissioning
operations.
In evaluating this information, the NRC staff has determined
that the interconnectivity and proximity of Dresden Unit 1 to the
operating Dresden Units 2 and 3, as well as the need to maintain a
combined site Physical Security Plan that encompasses all the Units,
are site specific factors that affect the licensee's capability to
safely carry out decommissioning of Dresden Unit 1 while Dresden
Units 2 and 3 continue to operate. Therefore, the presence of the
operating Dresden Units 2 and 3 at the site, supports an alternative
decommissioning schedule for Dresden Unit 1, pursuant to
50.82(a)(3).
Capacity and Capability of the Power Systems
The licensee raised concerns with potential impacts to the
electric power systems and the mechanical systems if Dresden Unit 1
were required to be decommissioned on the original 60-year schedule.
According to the licensee, the potential damage to a station
blackout (SBO) cable tunnel could result in loss of the SBO function
to one or both of the operating Units for an extended duration. The
licensee explained that, although probability can be reduced through
mitigation, the consequence of this risk represents an increased
risk to protect public health and safety. The licensee stated that
loss of the Dresden Units 2 and 3 SBO function would result in
reduced defense-in-depth for the mitigation capability of the site
during a loss of offsite power transient. Given the location of the
SBO cable tunnel to Dresden Unit 1, common decommissioning
techniques such as structure/site wide
[[Page 9890]]
electrical isolation, structure/site wide support system isolation
(e.g., air, water, fire suppression), heavy equipment demolition and
heavy equipment excavation, could not be executed due to the risk of
damaging the SBO cable tunnel during decommissioning of Dresden Unit
1, which could negatively impact the operation of Dresden Units 2
and 3.
According to the licensee, decommissioning of Dresden Unit 1
would also require relocation of 4 kilovolt and 480 volt buses and
distribution lines throughout the Dresden Unit 1 Turbine Building
because this distribution system supports Dresden Units 2 and 3 SBO
equipment and provides industrial power to a large portion of the
site. Physical relocation would require new robust structures,
installation of redundant equipment, and space outside of Dresden
Unit 1 operating areas being decommissioned. To mitigate potential
effects of demolition activities such as impacting sensitive
equipment within proximity of, and inadvertent damage to electric
power or mechanical systems not isolated, detailed isolation and
demolition plans would be required. The licensee indicated that this
would involve assessing the status of each mechanical and electrical
component by area to ensure decommissioning activities do not
adversely affect operation of Dresden Units 2 and 3, or personal
safety of individuals executing decommissioning activities.
Based on this information, the NRC staff has determined that
decommissioning Dresden Unit 1 would impact the capacity and
capability of the electric power or mechanical systems of the
operating Dresden Units 2 and 3. Therefore, the NRC staff finds that
the capacity and capability of the power systems at the Dresden
Nuclear Power Station is a factor that, in combination with other
factors discussed above, supports an alternative decommissioning
schedule pursuant to 50.82(a)(3).
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 under the National Environmental Policy Act 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 10 CFR
51.22(c)(25)(i)-(vi) are met.
In this instance, the NRC staff determined all the conditions of
10 CFR 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 Dresden Unit 1 in SAFSTOR condition in accordance with the
Updated Final Safety Analysis Report, technical specifications, and
licensee procedures for Dresden Unit 1. The licensee will continue
ongoing monitoring activities, such as capturing any identified
degradations in structural inspection reports and the Corrective
Action Program for resolution.
Finally, the NRC staff has determined that the request satisfies
10 CFR 51.22(c)(25)(vi) because the exemption applies to the
following specific activities associated with Dresden Unit 1 that
support the continued maintenance of Dresden Unit 1 in SAFSTOR into
the period approved in the alternative decommissioning schedule: (A)
recordkeeping requirements; (B) reporting requirements; (C)
inspection and surveillance requirements; (D) equipment servicing or
maintenance scheduling requirements; (F) safeguard plans, and
materials control and accounting inventory scheduling requirements;
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
Dresden 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 Dresden Unit 1
and the operating units, Dresden Units 2 and 3, and the associated
site-wide security measures. Therefore, the NRC grants Constellation
Energy Generation, LLC, a one-time exemption from 10 CFR 50.82(a)(3)
to allow the licensee an alternative decommissioning schedule that
requires the decommissioning of Dresden Unit 1, 20 years after the
permanent cessation of operations of either Dresden Units 2 or 3,
whichever is earlier, and in no case beyond 2071. 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.
The exemption will be effective upon issuance.
Dated: this 19th day of February 2026.
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. 2026-03957 Filed 2-26-26; 8:45 am]
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