[Federal Register Volume 91, Number 76 (Tuesday, April 21, 2026)]
[Notices]
[Pages 21328-21330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07701]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-456, STN 50-457, 72-73, STN 50-454, STN 50-455, 72-
68, 50-373, 50-374, and 72-70; CEQ ID: EAXX-429-00-000-1774341782; NRC-
2026-1651]


Constellation Energy Generation, LLC; Braidwood Station, Units 1 
and 2, Byron Station, Unit Nos. 1 and 2, and LaSalle County Station, 
Units 1 and 2; Environmental Assessment and Finding of No Significant 
Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions in response to the November 7, 2025, request 
from Constellation Energy Generation, LLC (the licensee) related to 
Braidwood Station, Units 1 and 2 (Braidwood), Byron Station, Unit Nos. 
1 and 2 (Byron), and LaSalle County Station, Units 1 and 2 (LaSalle), 
located in Will County, Ogle County, and LaSalle County, respectively, 
in Illinois. The exemptions would allow the licensee to transfer 
certain earnings from the Braidwood, Byron, and LaSalle nuclear 
decommissioning trusts (NDTs) to subaccounts within the NDTs that may 
then be used to pay for activities related to the larger 
decommissioning process and during operations. The NRC staff is issuing 
an environmental assessment (EA) and finding of no significant impact 
(FONSI) associated with the proposed exemptions.

DATES: The EA and FONSI referenced in this document are available on 
April 21, 2026.

ADDRESSES: Please refer to Docket ID NRC-2026-1651 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-2026-1651. 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]. 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: Luis O. Cruz Rosado, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-4106; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of exemptions from the requirements 
in paragraphs 50.82(a)(8)(i), 50.82(a)(8)(ii), and 50.75(h)(1)(iv) of 
title 10 of the Code of Federal Regulations (10 CFR) to the licensee 
for Renewed Facility Operating License Nos. NPF-72, NPF-77, NPF-37, 
NPF-66, NPF-11, and NPF-18 for Braidwood, Byron, and LaSalle, 
respectively. By letter dated November 7, 2025 (ADAMS Accession No. 
ML25311A143), and pursuant to 10 CFR 50.12, ``Specific exemptions,'' 
the licensee requested exemptions to allow the licensee to transfer 
certain earnings from the Braidwood, Byron, and LaSalle NDTs to 
subaccounts within the NDTs that could then be used for activities 
related to the larger decommissioning process (not just to radiological 
decommissioning activities) and during operations, including spent fuel 
management activities associated with the onsite independent spent fuel 
storage installations under the general licenses in 10 CFR part 72.
    In accordance with 10 CFR 51.21 and 10 CFR 51.30, the NRC prepared 
the following EA that analyzes the environmental impacts of the 
proposed action. Based on the results of this EA, which is provided in 
section II of this document, and in accordance with 10 CFR 51.31(a), 
the NRC has determined not to prepare an environmental impact statement 
for the proposed action and is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    Exemptions from 10 CFR 50.82(a)(8)(i) and 10 CFR 50.75(h)(1)(iv) 
would allow the licensee to use funds from the NDT subaccounts for 
activities that are not exclusively consistent with the NRC's 
definition of decommissioning in 10 CFR 50.2, such as spent fuel 
management and site restoration. Exemptions from 10 CFR 50.82(a)(8)(ii) 
would allow the licensee to use these funds for these activities prior 
to the facilities' permanent cessations of operations. The proposed 
action is in accordance with the licensee's application dated November 
7, 2025. The NRC determination of whether to approve the proposed 
action will be documented separately from this assessment of the 
environmental impacts of the proposed action.

Need for the Proposed Action

    As required by 10 CFR 50.82(a)(8)(i), NDTs may be used by licensees 
if, in part, the withdrawals are for expenses for legitimate 
decommissioning activities consistent with the definition of 
decommissioning in 10 CFR 50.2. These activities are referred to as 
``radiological decommissioning'' activities and have to do with 
removing a facility or site safely from service and reducing residual 
radioactivity and do not include other parts of the larger 
decommissioning process, such as spent fuel management and site 
restoration. Similarly, the regulation at 10 CFR 50.75(h)(1)(iv) 
restricts NDT disbursements (other than for payment of ordinary 
administrative costs and other incidental expenses of the trust in 
connection with the operation of the trust) to radiological 
decommissioning expenses until final radiological decommissioning has 
been completed. The provisions of 10 CFR 50.82(a)(8)(ii) generally 
restrict the use of NDTs until after the permanent cessation of 
operations. Therefore, partial exemptions from these regulations would 
be needed to allow the licensee to transfer certain earnings from the 
Braidwood, Byron, and LaSalle NDTs to subaccounts within the NDTs that 
could then be used for activities related to the larger decommissioning 
process (not just to radiological decommissioning activities) and 
during operations.
    In its exemption request, the licensee stated that the ability to 
use excess NDT earnings for activities related to the larger 
decommissioning process and during operations would help reduce overall 
decommissioning costs and would minimize long-term risks and 
uncertainties. Thus, the exemptions

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would not impact the principal required to provide reasonable assurance 
that adequate funds will be available for the radiological 
decommissioning of the facilities while also enabling overall more 
efficient, timely, and cost-effective site decommissioning and 
restoration.

Environmental Impacts of the Proposed Action

    The proposed action involves exemptions from regulatory 
requirements that are of a financial nature and that do not have an 
impact on the environment. The proposed action does not introduce new 
operational activities at Braidwood, Byron, or LaSalle beyond actions 
covered under the current licensing bases and the current environmental 
impact statements. The proposed action would only allow the licensee to 
transfer certain earnings from the NDTs into subaccounts within the 
NDTs that could then be used for activities related to the larger 
decommissioning process and during operations, while maintaining the 
required principal for radiological decommissioning activities. 
Therefore, there would be no decrease in safety or environmental 
protection as a result of the proposed action, and the adequacy of 
radiological decommissioning funding would not be affected. Section 
50.75 of 10 CFR requires a licensee to certify that radiological 
decommissioning financial assurance has been provided in the required 
amount, to adjust that amount annually, and to cover that amount. Since 
the proposed action would allow the licensee to use funds from the 
Braidwood, Byron, and LaSalle NDTs that are in excess of those required 
for radiological decommissioning and for activities that are part of 
the larger decommissioning process, the adequacy of the funds dedicated 
to the decommissioning process would not be affected by the proposed 
action.
    Due to the proposed action being financial in nature, it would not 
significantly increase the probability or consequences of radiological 
accidents and would have no direct radiological impacts. The proposed 
action would not authorize any changes to plant operations or physical 
structures, systems, or components, and would not affect the types or 
amounts of radiological effluents that may be released from the site. 
Therefore, there would be no change in occupational or public radiation 
exposure as a result of the proposed action. No new materials or 
chemicals would be introduced, and the operation of waste processing 
systems would remain unchanged. The design and function of all 
structures, systems, and components that limit or monitor effluent 
releases would not be altered and would continue to meet applicable 
requirements. As such, there are no significant radiological 
environmental impacts associated with the proposed action.
    With regard to potential non-radiological environmental impacts, 
the proposed action would have no direct impacts on land use or water 
resources, including terrestrial and aquatic biota, as it involves no 
new construction or modification of plant operational systems. There 
would be no changes to the quality or quantity of non-radiological 
effluents. In addition, there would be no noticeable effect on 
socioeconomic conditions in the region, no air quality impacts, and no 
impacts to historic and cultural resources from the proposed action. 
Therefore, there are no significant non-radiological environmental 
impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the proposed action would result in the licensee either (1) 
postponing non-radiological decommissioning activities until the 
completion of radiological decommissioning activities, or (2) using 
other funding sources for non-radiological decommissioning activities 
prior to the completion of radiological decommissioning activities. In 
either case, there would be no change in the environmental impacts as 
compared to the proposed action, since the proposed action does not 
authorize any physical changes or new site activities. Therefore, the 
no-action alternative would have similar environmental impacts to those 
of the proposed action.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies and Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action.

III. Finding of No Significant Impact

    The exemptions from 10 CFR 50.82(a)(8)(i), 10 CFR 50.82(a)(8)(ii), 
and 10 CFR 50.75(h)(1)(iv) would allow the licensee to transfer certain 
earnings from the Braidwood, Byron, and LaSalle NDTs to subaccounts 
within the NDTs that could then be used for activities related to the 
larger decommissioning process and during operations. The proposed 
action would not significantly affect plant safety, would not have a 
significant adverse effect on the probability of an accident occurring, 
and would not have any significant radiological or non-radiological 
environmental impacts. The proposed action involves exemptions from 
requirements that are of a financial nature and that would not have an 
impact on the human environment. Consistent with 10 CFR 51.21, the NRC 
conducted an EA for the proposed action, and this FONSI incorporates by 
reference the EA included in section II of this document. Therefore, 
the NRC concludes that the proposed action will not have significant 
effects on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.
    Other than the licensee's letter dated November 7, 2025, there are 
no other environmental documents associated with this review.
    Previous considerations regarding the environmental impacts of 
operating Braidwood, Byron, and LaSalle are described in: (1) NUREG-
1437, Supplement 55, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants Regarding Braidwood Station, Units 1 
and 2, Final Report,'' dated November 2015 (ML15314A814); (2) NUREG-
1026, ``Final Environmental Statement Related to the Operation of 
Braidwood Station, Units 1 and 2,'' dated June 1984 (ML14090A132); (3) 
NUREG-1437, Supplement 54, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants Regarding Byron Station, Units 1 and 
2, Final Report,'' dated July 2015 (ML15196A263); (4) NUREG-0848, 
``Final Environmental Statement Related to the Operation of Byron 
Station, Units 1 and 2,'' dated April 1982 (ML13269A184); (5) NUREG-
1437, Supplement 57, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants Regarding LaSalle County Station, 
Units 1 and 2, Final Report,'' dated August 2016 (ML16238A029); and (6) 
NUREG-0486, ``Final Environmental Statement Related to Operation of 
LaSalle County Nuclear Power Station, Unit Nos. 1 and 2,'' dated 
November 1978 (ML14353A388).
    Authority: 42 U.S.C. 2011 et seq.


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    Dated: April 16, 2026.

    For the Nuclear Regulatory Commission.
Luis Cruz Rosado,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2026-07701 Filed 4-20-26; 8:45 am]
BILLING CODE 7590-01-P