Exelon Generation Company LLC; Clinton Power Station Unit 1, 34410-34412 [2019-15271]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34410-34412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15271]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461; NRC-2019-0107]


Exelon Generation Company LLC; Clinton Power Station Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a November 8, 2018, request from Exelon 
Generation Company, LLC (Exelon) to allow Exelon to submit a sufficient 
license renewal application for Clinton Power Station, Unit 1, at least 
3 years prior to the expiration of the existing license and still 
receive timely renewal protection.

DATES: The exemption was issued on July 11, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0107 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-2019-0107. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; 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 Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 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: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Joel S. Wiebe, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-6606, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated at Rockville, Maryland, this 15th day of July, 2019.

    For the Nuclear Regulatory Commission.
Joel S. Wiebe,
Senior Project Manager, Licensing Projects Branch III, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

ATTACHMENT--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 50-461

Exelon Generation Company, LLC

Clinton Power Station, Unit 1

Exemption

I. Background

    Exelon Generation Company, LLC (Exelon, the licensee), holds 
Facility Operating License No. NPF-62, which authorizes operation of 
the Clinton Power Station, Unit 1 (CPS), a boiling-water reactor 
facility, located in Dewitt County, Illinois. The license, among other 
things, subjects the facility to all rules, regulations, and orders of 
the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or 
hereafter in effect. The current operating license for CPS expires on 
April 17, 2027.
    By letter dated November 8, 2018 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML18312A139), Exelon requested 
an exemption to allow Exelon to submit a license renewal application 
for CPS at least 3 years prior to the expiration of the existing 
license and, if found to be sufficient by the NRC, still receive timely 
renewal protection under Title 10 of the Code of Federal Regulations 
(10 CFR), Part 2, Section 2.109(b). 10 CFR 2.109(b) provides timely 
renewal protection to licensees that submit sufficient license renewal 
applications at least 5 years before the expiration of the existing 
license. In its application, Exelon informed the NRC that the economic 
viability of continued operation of CPS beyond the current expiration 
date of its NRC license is uncertain. According to Exelon, due to 
continuing and significant changes in the economic and legislative 
environments that materially affect continued CPS operation, Exelon 
will not be in a position to make a reasonable and sound business 
decision 5 years prior to the expiration of the CPS license as to 
whether to pursue license renewal. Exelon contends that allowing it to 
make that decision at a later date, when the economic viability of 
extended CPS operation can be more readily assessed, will result in 
more efficient use of both Exelon and NRC financial and other 
resources.

II. Request/Action

    10 CFR 54.17(a) requires that an application for a renewed license 
be in accordance with Subpart A of 10 CFR, Part 2, which includes 10 
CFR 2.109(b). In turn, 10 CFR 2.109(b) states, ``If the licensee of a 
nuclear power plant licensed under 10 CFR 50.21(b) or 50.22 files a 
sufficient application for renewal of either an operating license or a 
combined license at least 5 years before the expiration of the existing 
license, the existing license will not be deemed to have expired until 
the application has been finally determined.'' In its letter dated 
November 8, 2018, Exelon requested an exemption from 10 CFR 54.17(a) to 
allow Exelon to submit its license renewal application for CPS at least 
3 years prior to the expiration of the existing license and still 
receive timely renewal protection under 2.109(b). 10 CFR 54.15 allows 
exemptions from the requirements of Part 54 in accordance with 10 CFR 
50.12.

III. Discussion

    Under 10 CFR 54.15, exemptions from the requirements of Part 54 are 
governed by 10 CFR 50.12. Pursuant to 10 CFR 50.12, the Commission may, 
upon application by any interested person or upon its own initiative, 
grant exemptions from the requirements of 10 CFR part 50 when (1) the 
exemptions are authorized by law, will not present an undue risk to 
public health or safety, and are consistent with the common defense and 
security; and (2) when special circumstances are present, as defined in 
10 CFR 50.12(a)(2). In its application, Exelon stated that three 
special circumstances apply to its request: 10 CFR 50.12(a)(2)(ii), 
``[a]pplication of the regulation in the particular circumstances would 
not serve the underlying purpose of the rule or is not necessary to 
achieve the underlying purpose of the rule;'' 10 CFR 50.12(a)(2)(iii), 
``[c]ompliance would result in undue hardship or other costs that are 
significantly in excess of those contemplated when the regulation was 
adopted, or that are significantly in excess of those incurred by 
others similarly situated;'' and 10 CFR 50.12(a)(2)(vi), other material 
circumstances not considered when the regulation was adopted are 
present, such that granting the exemption is in the public interest.

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A. The Exemption Is Authorized by Law

    This exemption would allow Exelon to submit a license renewal 
application for CPS at least 3 years prior to the expiration of its 
existing license and, if sufficient, still receive timely renewal 
protection under 10 CFR 2.109(b). 10 CFR 2.109 implements Section 9(b) 
of the Administrative Procedure Act (APA), 5 U.S.C. 558(c), which 
states:

    When the licensee has made timely and sufficient application for 
a renewal or a new license in accordance with agency rules, a 
license with reference to an activity of a continuing nature does 
not expire until the application has been finally determined by the 
agency.

    The 5-year time period specified in 10 CFR 2.109 is the result of a 
discretionary agency rulemaking and not required by the APA. As stated 
above, 10 CFR 54.15 allows the NRC to grant exemptions from the 
requirements of 10 CFR part 54. The NRC has determined that granting 
this exemption will not result in a violation of the Atomic Energy Act 
of 1954, as amended, the APA, or the NRC's regulations. Therefore, the 
exemption is authorized by law.

B. The Exemption Presents no Undue Risk to Public Health and Safety

    The requested exemption to allow a 3-year time period, rather than 
the 5 years specified in 10 CFR 2.109(b), for Exelon to submit a 
sufficient license renewal application and receive timely renewal 
protection is a scheduling change. The action does not change the 
manner in which the plant operates and maintains public health and 
safety because no additional changes are made as a result of the 
action. The NRC expects that a period of 3 years provides sufficient 
time for the NRC to perform a full and adequate safety and 
environmental review, and for the completion of the hearing process. 
Pending final action on the license renewal application, the NRC will 
continue to conduct all regulatory activities associated with 
licensing, inspection, and oversight, and will take whatever action may 
be necessary to ensure adequate protection of the public health and 
safety. The existence of this exemption does not affect NRC's 
authority, applicable to all licenses, to modify, suspend, or revoke a 
license for cause, such as a serious safety concern. Based on the 
above, the NRC finds that the action does not cause undue risk to 
public health and safety.

C. The Exemption Is Consistent With the Common Defense and Security

    The requested exemption to allow for a timely renewal protection 
deadline of at least 3 years instead of 5 years is a scheduling change. 
The exemption does not change any site security matters. Therefore, the 
NRC finds that the action is consistent with the common defense and 
security.

D. Special Circumstances

    The purpose of 10 CFR 2.109(b), as it is applied to nuclear power 
reactors licensed by the NRC, is to implement the ``timely renewal'' 
provision of Section 9(b) of the APA, 5 U.S.C. 558(c), which states:

    When the licensee has made timely and sufficient application for 
a renewal or a new license in accordance with agency rules, a 
license with reference to an activity of a continuing nature does 
not expire until the application has been finally determined by the 
agency.

    The underlying purpose of this ``timely renewal'' provision in the 
APA is to protect a licensee who is engaged in an ongoing licensed 
activity and who has complied with agency rules in applying for a 
renewed or new license from facing license expiration as the result of 
delays in the administrative process.
    On December 13, 1991, the NRC published the final license renewal 
rule, 10 CFR, Part 54, with associated changes to 10 CFR, Parts 2, 50, 
and 140, in the Federal Register (56 FR 64943). The statement of 
considerations (SOC) discussed the basis for establishing the latest 
date for filing license renewal applications and the timely renewal 
doctrine (56 FR 64962). The SOC stated that:

    Because the review of a renewal application will involve a 
review of many complex technical issues, the NRC estimates that the 
technical review would take approximately 2 years. Any necessary 
hearing could likely add an additional year or more. Therefore, in 
the proposed rule, the Commission modified Sec.  2.109 to require 
that nuclear power plant operating license renewal applications be 
submitted at least 3 years prior to their expiration in order to 
take advantage of the timely renewal doctrine.
    No specific comment was received concerning the proposal to add 
a 3-year provision for the timely renewal provision for license 
renewal. The current regulations require licensees to submit 
decommissioning plans and related financial assurance information on 
or about 5 years prior to the expiration of their operating 
licenses. The Commission has concluded that, for consistency, the 
deadline for submittal of a license renewal application should be 5 
years prior to the expiration of the current operating license. The 
timely renewal provisions of Sec.  2.109 now reflect the decision 
that a 5-year time limit is more appropriate.

    Thus, the NRC originally estimated that 3 years was needed to 
review a renewal application and complete any hearing that might be 
held on the application. The NRC changed its original estimate from 3 
years to 5 years to have consistent deadlines for when licensees must 
submit their decommissioning plans and when they must submit their 
license renewal application to receive timely renewal protection. The 
NRC's current schedule for review of license renewal applications is to 
complete its review and make a decision on issuing the renewed license 
within 22 months of receipt without a hearing. If a hearing is held, 
the NRC's model schedule anticipates completion of the NRC's review, 
the hearing process, and issuance of a decision on issuing the license 
within 30 months of receipt.
    However, it is recognized that the estimate of 30 months for 
completion of a contested hearing is subject to variation in any given 
proceeding. A period of 3 years (36 months), nevertheless, is expected 
to provide sufficient time for performance of a full and adequate 
safety and environmental review, and completion of the hearing process. 
Meeting this schedule is based on a complete and sufficient application 
being submitted and on the review being completed in accordance with 
the NRC's established license renewal review schedule.
    Based on the above, the NRC finds that the special circumstance of 
10 CFR 50.12(a)(2)(ii) is present in the particular circumstances of 
CPS.
    It should be noted, among the key matters central to resolution of 
issues associated with renewal of the operating license and also to the 
application of the ``timely renewal'' doctrine is the submission of a 
sufficient application. Completing the license renewal review process 
on schedule is, of course, dependent on licensee cooperation in meeting 
established schedules for submittal of any additional information 
required by the NRC, and the resolution of all issues demonstrating 
that issuance of a renewed license is warranted.

E. Environmental Considerations

    The NRC's approval of the exemption to scheduling requirements 
belongs to a category of actions that the NRC, by rule or regulation, 
has declared to be a categorical exclusion, after first finding that 
the category of actions does not individually or cumulatively have a 
significant effect on the human environment. Specifically, the 
exemption is categorically excluded from further analysis under 10 CFR 
51.22(c)(25).
    Under 10 CFR 51.22(c)(25), the granting of an exemption from the 
requirements of any regulation of chapter 10 is a categorical exclusion

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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 an exemption is sought involve certain 
categories of requirements, including scheduling requirements.
    The Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation, has determined that the granting of the 
exemption request involves no significant hazards consideration because 
allowing the submittal of the license renewal application at least 3 
years before the expiration of the existing license while maintaining 
the protection of the timely renewal provision in 10 CFR 2.109(b) does 
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 exemption constitutes a change to the schedule by 
which Exelon must submit its license renewal application and still 
receive timely renewal protection and, therefore, is unrelated to any 
operational restriction. Accordingly, there is no significant change in 
the types or significant increase in the amounts of any effluents that 
may be released offsite, and no significant increase in individual or 
cumulative public or occupational radiation exposure. The exempted 
regulation is not associated with construction, so there is no 
significant construction impact. The exempted regulation does not 
concern the source term (i.e., potential amount of radiation in an 
accident) nor mitigation. Thus, there is no significant increase in the 
potential for, or consequences of, a radiological accident.
    Therefore, pursuant to 10 CFR 51.22(b) and (c)(25), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the approval of this exemption request.

IV. Conclusions

    Accordingly, the NRC has determined that, pursuant to 10 CFR 54.15 
and 10 CFR 50.12, the exemption 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 NRC hereby grants Exelon Generation Company, 
LLC, a one-time exemption for CPS, from 10 CFR 54.17(a) to allow the 
submittal of the CPS license renewal application at least 3 years 
remaining prior to expiration of the operating license while 
maintaining the protection of the timely renewal provision in 10 CFR 
2.109(b).

    Dated at Rockville, Maryland, this 11th day of July 2019.

    For the Nuclear Regulatory Commission.

/RA/

Gregory F. Suber,

Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

[FR Doc. 2019-15271 Filed 7-17-19; 8:45 am]
 BILLING CODE 7590-01-P