Exelon Generation Company LLC, R.E. Ginna Nuclear Power Plant, 20523-20526 [2021-08061]
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Notices
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[FR Doc. 2021–08023 Filed 4–19–21; 8:45 am]
BILLING CODE 7036–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–244; NRC–2021–0075]
Exelon Generation Company LLC, R.E.
Ginna Nuclear Power Plant
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
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 R.E.
Ginna Nuclear Power Plant, at least 3
years prior to the expiration of the
existing license and, if it is found
sufficient, still receive timely renewal
protection.
SUMMARY:
The exemption was issued on
April 14, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2021–0075 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–2021–0075. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. 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
DATES:
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Notices
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 pdr.resource@
nrc.gov. 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 pdr.resource@nrc.gov 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: V.
Sreenivas, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2597, email:
V.Sreenivas@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
Dated: April 14, 2021.
For the Nuclear Regulatory Commission.
Venkataiah Sreenivas,
Project Manager, Plant Licensing Branch I,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
Docket No. 50–244
Exelon Generation Company, LLC
R.E. Ginna Nuclear Power Plant
Exemption
I. Background
Exelon Generation Company, LLC
(Exelon, the licensee), is the holder of
the Renewed Facility Operating License
No. DPR–18 which authorizes operation
of the R.E. Ginna Nuclear Power Plant
(Ginna), a pressurized-water reactor
located on the southern shore of Lake
Ontario, in the town of Ontario, Wayne
County, 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 Ginna
expires on September 18, 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 Ginna at
least 3 years prior to the expiration of
the existing license and, if the NRC
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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 Ginna 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
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(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 Ginna 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.
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 3year 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
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Notices
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 § 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
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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 § 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 Ginna 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 Ginna.
In addition, the NRC finds that the
special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the
circumstances of Ginna. Compliance
with § 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 Ginna depended on
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20525
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
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
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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.
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.
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.
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 onetime exemption for Ginna, from 10 CFR
54.17(a) to allow the submittal of the
Ginna 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.
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 Ginna at least 3 years prior to the
expiration of the existing license, rather
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Dated April 14, 2021.
For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2021–08061 Filed 4–19–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2021–0095]
Monthly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
Nuclear Regulatory
Commission.
ACTION: Monthly notice.
AGENCY:
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Pursuant to section 189.a.(2)
of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear
Regulatory Commission (NRC) is
publishing this regular monthly notice.
The Act requires the Commission to
publish notice of any amendments
issued, or proposed to be issued, and
grants the Commission the authority to
SUMMARY:
issue and make immediately effective
any amendment to an operating license
or combined license, as applicable,
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration (NSHC), notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This monthly notice includes all
amendments issued, or proposed to be
issued, from March 5, 2021, to April 1,
2021. The last monthly notice was
published on March 23, 2021.
DATES: Comments must be filed by May
20, 2021. A request for a hearing or
petitions for leave to intervene must be
filed by June 21, 2021.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0095. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Rhonda Butler, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
8025, email: Rhonda.Butler@nrc.gov.
SUPPLEMENTARY INFORMATION:
Please refer to Docket ID NRC–2021–
0095, facility name, unit number(s),
docket number(s), application date, and
subject when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0095.
E:\FR\FM\20APN1.SGM
20APN1
]]>Agencies
[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20523-20526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08061]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244; NRC-2021-0075]
Exelon Generation Company LLC, R.E. Ginna Nuclear Power Plant
AGENCY: Nuclear Regulatory Commission.
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 R.E. Ginna Nuclear Power
Plant, 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 14, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0075 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-2021-0075. 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
[[Page 20524]]
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: V. Sreenivas, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2597, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 14, 2021.
For the Nuclear Regulatory Commission.
Venkataiah Sreenivas,
Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-244
Exelon Generation Company, LLC
R.E. Ginna Nuclear Power Plant
Exemption
I. Background
Exelon Generation Company, LLC (Exelon, the licensee), is the
holder of the Renewed Facility Operating License No. DPR-18 which
authorizes operation of the R.E. Ginna Nuclear Power Plant (Ginna), a
pressurized-water reactor located on the southern shore of Lake
Ontario, in the town of Ontario, Wayne County, 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 Ginna expires on September 18, 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 Ginna 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 Ginna 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
Ginna 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.
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
[[Page 20525]]
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 Ginna 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
Ginna.
In addition, the NRC finds that the special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the circumstances of Ginna. 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 Ginna 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 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
[[Page 20526]]
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 Ginna 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 Ginna, from 10 CFR 54.17(a) to
allow the submittal of the Ginna 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 14, 2021.
For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2021-08061 Filed 4-19-21; 8:45 am]
BILLING CODE 7590-01-P
