[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Pages 32457-32459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10864]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-321 and 50-366; NRC-2026-1981]
Southern Nuclear Operating Company, Inc.; Edwin I. Hatch Nuclear
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 subsequent renewal of Renewed Facility Operating License Nos. DPR-
57 and NPF-5, which authorize Southern Nuclear Operating Company, Inc.
to operate Edwin I. Hatch Nuclear Plant (Hatch), 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 May 26, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-1981 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-2026-1981. 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.
(Authority: 42 U.S.C. 2011 et seq.)
Dated: May 28, 2026.
For the Nuclear Regulatory Commission.
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. 50-321 and 50-366
Southern Nuclear Operating Company, Inc.; Edwin I. Hatch Nuclear Plant,
Units 1 and 2; Exemption
I. Background
Southern Nuclear Operating Company, Inc. (Southern, the licensee)
is the holder of Renewed Facility Operating License Nos. DPR-57 and
NPF-5 for Edwin I. Hatch Nuclear Plant (Hatch), 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. Hatch consists of two boiling-water reactors with licensed
power levels of 2,804 megawatts thermal, and it is located in Appling
County, Georgia.
On May 15, 2025, Southern submitted to the NRC an application for
subsequent renewal of Renewed Facility Operating License Nos. DPR-57
and NPF-5 for Hatch, 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
[[Page 32458]]
Plants,'' requesting subsequent renewal for a period of 20 years beyond
the current renewed facility operating licenses' expiration dates of
August 6, 2034, for Unit 1, and June 13, 2038, for Unit 2. A final NRC
decision on this application is expected on or before June 13, 2026.
The regulations governing license renewal and that are applicable
to the Hatch 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) 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 May 2026, the NRC issued ``Safety Evaluation Related to the
Subsequent License Renewal of Edwin I. Hatch Nuclear Plant, Units 1 and
2'' (ML26131A234) documenting the NRC's safety review of the Hatch
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 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 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 Hatch
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 Hatch 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 Hatch 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 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 Hatch 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 Hatch 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 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 Hatch subsequent license renewal
application addresses the standards in 10 CFR 54.29 (and other relevant
[[Page 32459]]
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 Hatch
subsequent 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 Hatch 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 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 Hatch 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 since 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 Hatch 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 Hatch
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 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 Hatch subsequent
license renewal application to be referred to the ACRS for a review and
report. The NRC staff has determined that this exemption changes
procedures for reviewing applications. The NRC staff has also
determined that a categorical exclusion applies and that special
circumstances under 10 CFR 51.22, ``Categorical exclusions,'' are not
present that would preclude reliance on the categorical exclusion.
Accordingly, the exemption from 10 CFR 54.25 meets the eligibility
criteria for categorical exclusion set forth in 10 CFR 51.22(a)(1) for
``Actions that are administrative, procedural, or solely financial in
nature.'' Pursuant to 10 CFR 51.22, 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 Hatch 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 Hatch 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: May 26, 2026.
For the Nuclear Regulatory Commission.
Michele Sampson,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2026-10864 Filed 5-29-26; 8:45 am]
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