[Federal Register Volume 91, Number 67 (Wednesday, April 8, 2026)]
[Notices]
[Pages 17815-17818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06781]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-261; NRC-2026-1750]
Duke Energy Progress, LLC; H.B. Robinson Steam Electric Plant,
Unit No. 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 subsequent renewal of Renewed Facility Operating License No. DPR-23
for H.B. Robinson Steam Electric Plant, Unit No. 2 (Robinson) 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 April 2, 2026.
[[Page 17816]]
ADDRESSES: Please refer to Docket ID NRC-2026-1750 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-2026-1750. 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
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: April 6, 2026.
For the Nuclear Regulatory Commission.
Angela Wu,
Senior Project Manager, License Renewal Projects Branch, Division of
New and Renewed Licenses, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-261
Duke Energy Progress, LLC
H.B. Robinson Steam Electric Plant, Unit No. 2
Exemption
I. Background
Duke Energy Progress, LLC (Duke) is the holder of Renewed
Facility Operating License No. DPR-23 for H.B. Robinson Steam
Electric Plant, Unit No. 2 (Robinson). The license provides, 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. Robinson consists
of one Westinghouse three-loop pressurized-water reactor with a
licensed power level of 2,339 megawatts thermal, and it is located
in Hartsville, South Carolina.
On April 1, 2025, Duke submitted to the NRC an application for
subsequent renewal of Renewed Facility Operating License No. DPR-23
for Robinson 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 subsequent renewal for a
period of 20 years beyond the current renewed facility operating
license's expiration date of July 31, 2030. A final NRC decision on
this application is expected on or before April 27, 2026.
The regulations governing license renewal and that are
applicable to the Robinson subsequent 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) 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,'' and 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 April 2026, the NRC issued ``Safety Evaluation Related to the
Subsequent License Renewal of H.B. Robinson Steam Electric Plant,
Unit 2'' (ML26089A378) documenting the NRC's safety review of the
Robinson subsequent 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 an
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 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
Robinson subsequent 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 Robinson subsequent
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
Robinson subsequent 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
[[Page 17817]]
subsequent amendments of the AEA have set forth a requirement for
the ACRS to review subsequent license renewal applications.
The Exemption Is Authorized by Law
The exemption would remove the requirement for the Robinson
subsequent 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 Robinson
subsequent 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
subsequent 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 subsequent 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 Robinson subsequent 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 the Robinson subsequent renewed license 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 Robinson
subsequent 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 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 subsequent 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 subsequent 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 Robinson
subsequent 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 because it was 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
Robinson subsequent license renewal application to the ACRS, that
are unnecessary. The NRC staff has reviewed approximately 100
license renewal and 25 subsequent 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 Robinson subsequent
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 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 Robinson
subsequent 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
Robinson subsequent 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 Robinson. 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.
[[Page 17818]]
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 Robinson subsequent 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 Robinson
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: April 2, 2026.
For the Nuclear Regulatory Commission.
/RA/
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2026-06781 Filed 4-7-26; 8:45 am]
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