Exelon Generation Company, LLC; Nine Mile Point Nuclear Station, Unit 1, 20417-20420 [2021-07975]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20417-20420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07975]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-220; NRC-2021-0082]


Exelon Generation Company, LLC; Nine Mile Point Nuclear Station, 
Unit 1

AGENCY: Nuclear Regulatory Commission.

[[Page 20418]]


ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to a September 11, 2020, request from Exelon 
Generation Company, LLC (Exelon), to allow Exelon to submit a 
subsequent license renewal application for Nine Mile Point Nuclear 
Station, Unit 1, at least 3 years prior to the expiration of the 
existing license and, if it is found sufficient, still receive timely 
renewal protection.

DATES: The exemption was issued on April 9, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0082 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-2021-0082. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michael L. Marshall Jr., Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2871, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: April 13, 2021.

    For the Nuclear Regulatory Commission.
Michael L. Marshall,
Senior Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 50-220

Exelon Generation Company, LLC

Nine Mile Point Nuclear Station, Unit 1

Exemption

I. Background

    Exelon Generation Company, LLC (Exelon, the licensee), is the 
holder of Renewed Facility Operating License No. DPR-63 which 
authorizes operation of the Nine Mile Point Nuclear Station (Nine Mile 
Point), Unit 1, a boiling-water reactor located in Scriba, New York (6 
miles northeast of Oswego, New York). The license provides, among other 
things, that the facility is subject to all rules, regulations, and 
orders of the U.S. Nuclear Regulatory Commission (NRC, Commission) now 
or hereafter in effect. The current operating license for Nine Mile 
Point, Unit 1, expires on August 22, 2029.
    By letter dated September 11, 2020 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML20255A001), Exelon requested 
an exemption that would allow submittal of a subsequent license renewal 
application (SLRA) for Nine Mile Point, Unit 1, at least 3 years prior 
to the expiration of the existing license and, if the NRC finds the 
application sufficient for docketing, to still receive timely renewal 
protection under title 10 of the Code of Federal Regulations (10 CFR) 
Part 2, Section 2.109(b). Pursuant to 10 CFR 2.109(b), the NRC provides 
timely renewal protection to licensees that submit a sufficient license 
renewal application at least 5 years before the expiration of the 
existing license.

II. Request/Action

    Under 10 CFR 54.17(a), the NRC requires that the filing of an 
application for a renewed license be in accordance with, among other 
regulations, 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 September 11, 2020, Exelon requested an exemption from 10 
CFR 54.17(a) to allow Exelon to submit its SLRA for Nine Mile Point, 
Unit 1, at least 3 years prior to the expiration of the existing 
license and still receive timely renewal protection under 10 CFR 
2.109(b).

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) 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. The three special circumstances 
that Exelon included in its request are:
    (1) The special circumstance in 10 CFR 50.12(a)(2)(ii) states, 
``[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;''
    (2) The special circumstance in 10 CFR 50.12(a)(2)(iii) states, 
``[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;''
    (3) The special circumstance in 10 CFR 50.12(a)(2)(vi) states, 
``[t]here is present other material circumstance not considered when 
the regulation was adopted for which it would be in the public interest 
to grant an exemption.''

A. The Exemption Is Authorized by Law

    This exemption would allow Exelon to submit a sufficient SLRA for 
Nine Mile Point, Unit 1, at least 3 years prior to the expiration of 
its existing license and still receive timely renewal protection under 
10 CFR 2.109(b). Section 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.


[[Page 20419]]


The 5-year time period specified in 10 CFR 2.109 is the result of a 
discretionary agency rulemaking under Sections 161 and 181 of the 
Atomic Energy Act of 1954, as amended, and not required by the APA. As 
stated above, 10 CFR 54.17(a) requires that the filing of an 
application for a renewed license be in accordance with, among other 
regulations, 10 CFR 2.109(b). In addition, 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 SLRA 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 SLRA, 
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 discussed the basis for establishing the latest date for 
filing license renewal applications and the timely renewal doctrine (56 
FR 64962). The statement of considerations 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 to complete any hearing that might be 
held on the application. The NRC changed its original deadline from 3 
years to 5 years to have consistent deadlines for when licensees must 
submit their decommissioning plans and related financial assurance 
information and when they must submit their license renewal application 
to receive timely renewal protection.
    Application of the 5-year period in 10 CFR 2.109(b) is not 
necessary to achieve the underlying purpose of the timely renewal 
provision in the regulation if Exelon files a sufficient Nine Mile 
Point, Unit 1, SLRA at least 3 years prior to expiration of the 
license. The NRC's current schedule for review of SLRAs is to complete 
its review and make a decision on issuing the renewed license within 18 
months of receipt if there is no hearing. If a hearing is held, the 
NRC's model schedule anticipates completion of the NRC's review and of 
the hearing process, and issuance of a decision on the license renewal 
application 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 circumstance of 
Nine Mile Point, Unit 1.
    In addition, the NRC finds that the special circumstance of 10 CFR 
50.12(a)(2)(iii) is present in the circumstances of Nine Mile Point, 
Unit 1. Compliance with Sec.  2.109(b) would result in undue hardship 
or other costs that are significantly in excess of those contemplated 
when the regulation was adopted. In its application, Exelon stated that 
the decision to continue power operation at Nine Mile Point, Unit 1, 
depended on economic and legislative factors that evolved in a way that 
did not permit the preparation and submission of an SLRA 5 years prior 
to the license expiration date. Exelon further stated that if the 
exemption is not granted, and it submits its SLRA less than 5 years 
before license expiration, then Exelon would face the risk of being 
forced to shut down if the application is not approved before the 
current license expires. The impact of changes in economic and 
legislative conditions on licensees' decisions to pursue license 
renewal was not a factor considered at the time the timely renewal rule 
was issued. The NRC therefore finds that the special circumstance of 10 
CFR 50.12(a)(2)(iii) also is present. Because the NRC staff finds that 
special circumstances exist under 10 CFR 50.12(a)(2)(ii) and 10 CFR 
50.12(a)(2)(iii), the NRC staff did not consider whether special 
circumstances

[[Page 20420]]

also exist under 10 CFR 50.12(a)(2)(vi), as presented by Exelon in its 
exemption request.

E. Environmental Considerations

    The NRC has determined that the issuance of the requested exemption 
meets the provisions of categorical exclusion 10 CFR 
51.22(c)(25)(vi)(G). Under 10 CFR 51.22(c)(25), the granting of an 
exemption from the requirements of any regulation of chapter 10 
qualifies as a categorical exclusion if (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 
involves scheduling requirements. The basis for NRC's determination is 
provided in the following evaluation of the requirements in 10 CFR 
51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i)
    To qualify for a categorical exclusion under 10 CFR 
51.22(c)(25)(i), the exemption must involve a no significant hazards 
consideration. The criteria for making a no significant hazards 
consideration determination are found in 10 CFR 50.92(c). The NRC 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. Therefore, the 
requirements of 10 CFR 51.22(c)(25)(i) are met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
    The exemption constitutes a change to the schedule by which Exelon 
must submit its SLRA and still receive timely renewal protection, which 
is administrative in nature, and does not involve any change in the 
types or significant increase in the amounts of effluents that may be 
released offsite and does not contribute to any significant increase in 
occupational or public radiation exposure. 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. Therefore, the requirements of 10 CFR 51.22(c)(25)(ii) and 
(iii) are met.
Requirements in 10 CFR 51.22(c)(25)(iv)
    The exempted regulation is not associated with construction, and 
the exemption does not propose any changes to the site, alter the site, 
or change the operation of the site. Therefore, the requirements of 10 
CFR 51.22(c)(25)(iv) are met because there is no significant 
construction impact.
Requirements in 10 CFR 51.22(c)(25)(v)
    The exemption constitutes a change to the schedule by which Exelon 
must submit its SLRA and still receive timely renewal protection, which 
is administrative in nature, and does not impact the probability or 
consequences of accidents. Thus, there is no significant increase in 
the potential for, or consequences of, a radiological accident. 
Therefore, the requirements of 10 CFR 51.22(c)(25)(v) are met.
Requirements in 10 CFR 51.22(c)(25)(vi)
    To qualify for a categorical exclusion under 10 CFR 
51.22(c)(25)(vi)(G), the exemption must involve scheduling 
requirements. The exemption involves scheduling requirements because it 
would allow Exelon to submit a SLRA for Nine Mile Point, Unit 1, at 
least 3 years prior to the expiration of the existing license, rather 
than the 5 years specified in 10 CFR 2.109(b), and still receive timely 
renewal protection under 10 CFR 2.109(b). Therefore, the requirements 
of 10 CFR 51.22(c)(25)(vi) are met.
    Based on the above, the NRC concludes that the proposed exemption 
meets the eligibility criteria for a categorical exclusion set forth in 
10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), 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, as 
defined in 10 CFR 50.12(a)(2), are present. Therefore, the NRC hereby 
grants the licensee a one-time exemption for Nine Mile Point, Unit 1, 
from 10 CFR 54.17(a) to allow the submittal of the Nine Mile Point, 
Unit 1, SLRA at least 3 years prior to expiration of the operating 
license while maintaining the protection of the timely renewal 
provision in 10 CFR 2.109(b).
    This exemption is effective upon issuance.

    Dated: April 9, 2021.

    For the Nuclear Regulatory Commission.

/RA/

Craig G. Erlanger,

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

[FR Doc. 2021-07975 Filed 4-16-21; 8:45 am]
BILLING CODE 7590-01-P