Constellation Energy Generation, LLC; Limerick Generation Station, Units 1 and 2, 15458-15460 [2022-05733]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15458-15460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05733]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353; NRC-2022-0061]


Constellation Energy Generation, LLC; Limerick Generation 
Station, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a 
notice that was published in the Federal Register on February 22, 2022, 
as part of the NRC Monthly Notice, regarding the description of a 
license amendment request to Facility Operating License Nos. NPF-39 and 
NPF-85, issued to Constellation Energy Generation, LLC for operation of 
the Limerick Generating Station, Units 1 and 2. The February 22, 2022, 
notice was a reissue to reflect a change in the scope of the request as 
part of the NRC Monthly Notice published in the Federal Register on 
August 10, 2021.

DATES: Submit comments by April 18, 2022. Requests for a hearing or 
petition for leave to intervene must be filed by May 17, 2022.

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-2022-0061. 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.
     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: V. Sreenivas, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-2597, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2022-0061 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-2022-0061.
     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. 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 8:00 a.m. and 4:00 p.m. (ET), 
Monday through Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2022-0061 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Additional Information

    The license amendment request was noticed in the Federal Register 
on August 10, 2021 (86 FR 43690). On February 22, 2022 (87 FR 9649), 
the notice was reissued following receipt of a supplement from the 
licensee that changed the scope of the license amendment request. The 
notice is being reissued in its entirety to correct the description of 
the amendment request stated in the February 22, 2022, notice.

III. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License Nos. NPF-39 and NPF-85, issued to Constellation 
Energy Generation, LLC (the licensee) for operation of Limerick 
Generating Station, Units 1 and 2 located in Montgomery County, PA.
    By letter dated March 11, 2021 (ADAMS Accession No. ML21070A412), 
as supplemented by letters dated May 5, 2021, December 15, 2021, and 
February 14, 2022 (ADAMS Accession Nos. ML21140A084, ML21349B364, and 
ML22045A480, respectively), the licensee submitted a license amendment 
request that would modify the licensing basis by revising the license 
condition in Appendix C to allow the use of an alternate defense-in-
depth categorization process, an alternate pressure boundary 
categorization process, and an alternate seismic categorization process 
to allow the implementation of risk-informed categorization and 
treatment of structures, systems, and components in accordance with 
section 50.69 of title 10 of the Code of Federal Regulations (10 CFR), 
``Risk-informed categorization and treatment of structures, systems and 
components for nuclear power reactors.''
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in 10 CFR 50.92, this means that operation of the 
facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously

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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. As required by 10 CFR 
50.91(a), the licensee has provided its analysis of the issue of no 
significant hazards consideration, presented here:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change will permit the use of the alternate 
defense-in-depth categorization process, the alternate pressure 
boundary categorization process, and the alternate seismic 
categorization process for the 10 CFR 50.69 risk-informed 
categorization process to modify the scope of SSCs subject to NRC 
special treatment requirements and to implement alternative 
treatments per the regulations. The process used to evaluate 
structures, systems, and components (SSCs) for changes to NRC 
special treatment requirements and the use of alternative 
requirements ensures the ability of the SSCs to perform their design 
function. The potential change to special treatment requirements 
does not change the design and operation of the SSCs. As a result, 
the proposed change does not significantly affect any initiators to 
accidents previously evaluated or the ability to mitigate any 
accidents previously evaluated. The consequences of the accidents 
previously evaluated are not affected because the mitigation 
functions performed by the SSCs assumed in the safety analysis are 
not being modified. The SSCs required to safely shut down the 
reactor and maintain it in a safe shutdown condition following an 
accident will continue to perform their design functions. Therefore, 
the proposed change does not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change will permit the use of the alternate 
defense-in-depth categorization process, the alternate pressure 
boundary categorization process, and the alternate seismic 
categorization process for the 10 CFR 50.69 risk-informed 
categorization process to modify the scope of SSCs subject to NRC 
special treatment requirements and to implement alternative 
treatments per the regulations. The proposed change does not change 
the functional requirements, configuration, or method of operation 
of any SSC. Under the proposed change, no additional plant equipment 
will be installed. Therefore, the proposed change does not create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change will permit the use of the alternate 
defense-in-depth categorization process, the alternate pressure 
boundary categorization process, and the alternate seismic 
categorization process for the 10 CFR 50.69 risk-informed 
categorization process to modify the scope of SSCs subject to NRC 
special treatment requirements and to implement alternative 
treatments per the regulations. The proposed change does not affect 
any Safety Limits or operating parameters used to establish a safety 
margin. The safety margins included in analyses of accidents are not 
affected by the proposed change. The regulation requires that there 
be no significant effect on plant risk due to any change to the 
special treatment requirements for SSCs and that the SSCs continue 
to be capable of performing their design basis functions, as well as 
to perform any beyond design basis functions consistent with the 
categorization process and results. Therefore, the proposed change 
does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period if circumstances change during the 30-day comment period such 
that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. If the Commission takes action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
If the Commission makes a final no significant hazards consideration 
determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, the Commission 
may issue the amendment and make it immediately effective, 
notwithstanding the request for a hearing. Any hearing would take place 
after issuance of the amendment. If the final determination is that the 
amendment request involves a significant hazards consideration, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).

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    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 and on the NRC website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the Guidance for Electronic Submissions to the NRC (ADAMS 
Accession No. ML13031A056) and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated March 11, 2021 (ADAMS Accession 
No. ML21070A412), as supplemented by letters dated May 5, 2021, 
December 15, 2021, and February 14, 2022 (ADAMS Accession Nos. 
ML21125A215, ML21349B364, and ML22045A480, respectively).
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Constellation Energy Generation, LLC, 4300 Winfield Road, Warrenville, 
IL 60555.
    NRC Branch Chief: James Danna.

    Dated: March 15, 2022.

    For the Nuclear Regulatory Commission.
Venkataiah Sreenivas,
Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2022-05733 Filed 3-17-22; 8:45 am]
BILLING CODE 7590-01-P