[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Notices]
[Pages 12011-12013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-04777]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2026-1255]
Pacific Gas and Electric Company; Diablo Canyon Nuclear Power
Plant, Units 1 and 2; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption from the regulation that would have required the application
for renewal of Facility Operating License Nos. DPR-80 and DPR-82 for
Diablo Canyon Nuclear Power Plant, Units 1 and 2, respectively, 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. Due to this exemption,
such referral, review, and report are no longer required.
DATES: The exemption was issued on March 6, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-1255 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-2026-1255. 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: Brian Harris, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2277; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
For the Nuclear Regulatory Commission.
Dated: March 9, 2026.
Brian Harris,
Project Manager, License Renewal Projects Branch, Division of New and
Renewed Licenses, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-275 and 50-323
Pacific Gas and Electric Company
Diablo Canyon Nuclear Power Plant, Units 1 and 2 Exemption
I. Background
Pacific Gas and Electric Company (PG&E, the licensee) is the holder
of Facility Operating License Nos. DPR-80 and DPR-82 for Diablo Canyon
Nuclear Power Plant (DCPP), Units 1 and 2, respectively. The licenses
provide, among other things, that the licensee is subject to all rules,
regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in effect. The DCPP consists of two
pressurized-water reactors with licensed power levels of 3,411
megawatts thermal, and it is located in San Luis Obispo County,
California.
On November 7, 2023, PG&E submitted to the NRC an application for
renewal of Facility Operating License Nos. DPR-80 and DPR-82 for DCPP,
Units 1 and 2, respectively, 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 licenses'
expiration dates of November 2, 2024, for Unit 1, and August 26, 2025,
for Unit 2. A final NRC decision on this application is expected on or
before March 31, 2026.
The regulations governing license renewal and that are applicable
to the DCPP license renewal application include 10 CFR 54.25, ``Report
of the Advisory Committee on Reactor Safeguards.'' This regulation
states 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 13, 1991, rulemaking
that promulgated 10 CFR 54.25 (Nuclear Power Plant License Renewal (56
FR 64943, 64966)) specifically noted that review by the Advisory
Committee on Reactor Safeguards (ACRS) of license renewal applications
was desirable but 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.'' Section 4(b) of E.O. 14300 directs, in part, that
``[r]eview by ACRS of permitting and licensing issues shall focus on
issues that are truly novel or noteworthy.''
In June 2025, the NRC issued ``Safety Evaluation Related to the
License Renewal of Diablo Canyon Nuclear Power Plant, Units 1 and 2''
(ML25153A508) documenting the NRC's safety review of the DCPP license
renewal application. As part of this safety review, the NRC did not
identify any issues that are ``truly novel or noteworthy.''
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, ``Specific exemptions.'' Pursuant to 10
CFR 50.12, the Commission may, upon application by any interested
person or upon its own initiative, grant exemptions from its
requirements when (1) the exemptions are authorized by law, will not
present an undue risk to the public health and safety, and are
consistent with the common defense
[[Page 12012]]
and security and (2) special circumstances are present. Under 10 CFR
50.12(a)(2)(vi), special circumstances are present when there is
present any material circumstance not considered when the regulation
was adopted for which it would be in the public interest to grant an
exemption. That regulation also provides that if this condition is
relied on exclusively for satisfying the special circumstances
requirement, then the exemption may not be granted until the Executive
Director for Operations (EDO) has consulted with the Commission.
II. Action
Based on the direction in E.O. 14300, the regulatory history of 10
CFR 54.25, and the fact that the NRC's safety review of the DCPP
license renewal application did not identify any issues that are
``truly novel or noteworthy,'' the NRC has determined that the granting
of an exemption upon its own initiative, pursuant to 10 CFR 54.15 and
10 CFR 50.12, from the requirements of 10 CFR 54.25 with respect to the
DCPP license renewal application would be warranted. Moreover, for the
reasons explained below, the NRC has determined that the requirements
of 10 CFR 54.15 and 10 CFR 50.12 are met. Therefore, an exemption from
the requirements of 10 CFR 54.25 with respect to the DCPP license
renewal application may be granted.
III. Discussion
As described in 10 CFR 1.13, ``Advisory Committee on Reactor
Safeguards,'' the ACRS was established by the Atomic Energy Act of
1954, as amended (AEA). Among other things, the ACRS reviews and
reports on safety studies and applications for construction permits and
facility operating licenses and advises the Commission with regard to
hazards of proposed or existing reactor facilities and the adequacy of
proposed reactor safety standards. The ACRS also reviews any generic
issues or other matters referred to it by the Commission for advice.
As previously stated, 10 CFR 54.25 requires that each renewal
application be referred to the ACRS for a review and report. The
rulemaking that promulgated this regulation (56 FR 64966) explained the
regulation as follows:
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, [10 CFR] 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 promulgation.
Further, no subsequent amendments of the AEA have set forth a
requirement for the ACRS to review license renewal applications.
The Exemption Is Authorized by Law
The exemption would remove the requirement for the DCPP license
renewal application to be referred to the ACRS for a review and report.
As previously stated, 10 CFR 54.15 and 10 CFR 50.12 allow the NRC to
grant exemptions from the requirements of 10 CFR part 54, including 10
CFR 54.25, when the exemptions are authorized by law. The requirement
of 10 CFR 54.25 is not required by the AEA or any other law. As noted
by the Commission (56 FR 64966), the AEA does not explicitly refer to
applications for renewal of an operating license as requiring ACRS
review. Therefore, the NRC finds that the exemption is authorized by
law.
The Exemption Will Not Present an Undue Risk to the Public Health and
Safety
The exemption would remove the requirement for the DCPP license
renewal application to be referred to the ACRS for a review and report.
As previously stated, 10 CFR 54.15 and 10 CFR 50.12 allow the NRC to
grant exemptions from the requirements of 10 CFR part 54, including 10
CFR 54.25, when the exemptions will not present an undue risk to the
public health and safety. The standards and criteria that must be met
before the Commission issues renewed licenses would not be affected by
an exemption from 10 CFR 54.25. That is, regardless of the ACRS review
required under 10 CFR 54.25, the regulation at 10 CFR 54.29,
``Standards for issuance of a renewed license,'' would continue to set
forth the safety criteria that must be met before renewed licenses may
be issued. Moreover, the NRC staff, which has a robust process for
reviewing applications for renewed licenses, has completed its detailed
review of how the DCPP license renewal application addresses the
standards in 10 CFR 54.29 (and other relevant regulations). The results
of the NRC staff's safety review are documented in its safety
evaluation. The safety evaluation confirmed that all of the safety
standards required for the issuance of DCPP renewed licenses have been
met. Additionally, the safety evaluation did not identify any ``truly
novel or noteworthy'' issues. On this basis, the NRC finds that the
exemption presents no undue risk to the public health and safety.
The Exemption Is Consistent With the Common Defense and Security
The exemption would remove the requirement for the DCPP license
renewal application to be referred to the ACRS for a review and report.
As previously stated, 10 CFR 54.15 and 10 CFR 50.12 allow the NRC to
grant exemptions from the requirements of 10 CFR part 54, including 10
CFR 54.25, when the exemptions are consistent with the common defense
and security. The NRC staff has determined that the exemption does not
impact the common defense and security because the common defense and
security is not within the scope of license renewal reviews, which,
instead, focus on the effects of aging on systems, structures, and
components. When promulgating revisions to its license renewal rule in
1995 (60 FR 22461, 22463-64), the Commission re-affirmed its philosophy
that the existing regulatory process is adequate to ensure that the
licensing bases of all currently operating plants provide and maintain
an acceptable level of safety so that operation will not be inimical to
the public health and safety or common defense and security. Similarly,
any ACRS review of a license renewal application would not relate to
the issue of the common defense or security. Therefore, the NRC finds
that the exemption is consistent with the common defense and security.
Special Circumstances Are Present
The exemption would remove the requirement for the DCPP license
renewal application to be referred to the ACRS for a review and report.
As previously stated, 10 CFR 54.15 and 10 CFR 50.12 allow the NRC to
grant exemptions from the requirements of 10 CFR part 54, including 10
CFR 54.25, when special circumstances are present. One such special
circumstance is that there is present any material circumstance not
considered when the regulation was adopted for which it would be in the
public interest to grant an exemption. The direction in E.O. 14300 to
limit ACRS review to issues that are truly novel or noteworthy is a
material circumstance and since it was
[[Page 12013]]
issued in 2025, it was not considered when the NRC adopted 10 CFR 54.25
in 1991 and decided to broadly require all license renewal applications
to be referred to the ACRS, even though such referrals are not required
by the AEA. Additionally, following the direction of E.O. 14300 is in
the public interest, which is served by not performing requirements,
such as the referral of the DCPP license renewal application to the
ACRS, that are unnecessary. The NRC staff has reviewed approximately
100 license renewal applications to date and as part of those reviews
discussed and took appropriate action upon identifying any novel or
noteworthy issues (e.g., issues related to buried gray cast iron
piping). The NRC staff applied this well-established process to its
review of the DCPP license renewal application and did not identify any
novel or noteworthy issues. Therefore, the referral of this application
to the ACRS is not necessary and it would be in the public interest for
the NRC to grant an exemption from the regulation requiring that
referral. Finally, because the NRC is exclusively relying on the
special circumstance of 10 CFR 50.12(a)(2)(vi) for satisfying 10 CFR
50.12(a)(2), the EDO consulted with the Commission, as required. On
this basis, the NRC finds that special circumstances are present.
Environmental Considerations
The exemption would remove the requirement for the DCPP license
renewal application to be referred to the ACRS for a review and report.
The NRC has determined that this exemption does not have a significant
effect on the human environment and, therefore, that a categorical
exclusion under 10 CFR 51.22, ``Criterion for categorical exclusion;
identification of licensing and regulatory actions eligible for
categorical exclusion or otherwise not requiring environmental
review,'' is appropriate. Specifically, under 10 CFR 51.22(c)(25),
categories of actions that are categorical exclusions include the
granting of an exemption from the requirements of any NRC regulation,
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 the exemption is sought involve an item listed
in 10 CFR 51.22(c)(25)(vi)(A)-(I), where 10 CFR 51.22(c)(25)(vi)(A),
(B), and (I) are ``recordkeeping requirements,'' ``reporting
requirements,'' and ``other requirements of an administrative,
managerial, or organizational nature,'' respectively. As explained
below, these criteria are satisfied for this exemption.
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) 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. The instant exemption
would remove the requirement for the DCPP license renewal application
to be referred to the ACRS for a review and report and the NRC has not
identified any novel or noteworthy issues that could justify referring
that application to the ACRS; therefore, the exemption has no bearing
on the operation of DCPP. Referring (or declining to refer) the
application to the ACRS would not change any manner in which the
facility would operate and, accordingly, the exemption would not
significantly change the types or significantly increase the amounts of
any effluents that may be released offsite, would not significantly
increase individual or cumulative public or occupational radiation
exposure, would have no significant construction impact, and would not
significantly increase the potential for or consequences from
radiological accidents. Finally, the requirement from which the
exemption is sought involves recordkeeping requirements, reporting
requirements, or other requirements of an administrative, managerial,
or organizational nature. Accordingly, the 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 and 10 CFR 50.12, the exemption from the requirements of 10 CFR
54.25 with respect to the DCPP license renewal application 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.
Also, special circumstances are present. Therefore, the Commission
hereby grants an exemption from the requirements of 10 CFR 54.25 and,
accordingly, the DCPP 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: March 6, 2026.
For the Nuclear Regulatory Commission.
/RA/
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2026-04777 Filed 3-10-26; 8:45 am]
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