Constellation Energy Generation, LLC; Dresden Nuclear Power Station, Units 2 and 3, 16246-16249 [2022-05998]
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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices
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whether the employee provided
sufficient information to justify the
request.
Because the OMB number assigned to
this form was obtained through
emergency clearance, the OMB number
is only valid for six months and will
expire on May 31, 2022. In anticipation
of future requests from its employees,
the NTSB is specifically seeking an
extension of this currently-approved
collection.
Prior to submitting the ICR to OIRA,
the NTSB published in December 2020,
a 60-day Notice in the Federal Register,
soliciting comments until February 15,
2022; however, no comments were
received as of the close of the comment
period. Accordingly, the NTSB is
publishing this 30-Day Notice to inform
the public that the agency is submitting
an ICR to OIRA for review and that
future comments are to be sent directly
to OIRA.
The NTSB currently is soliciting
public comments that include: (1)
Whether the proposed collection is
necessary for the NTSB to perform its
mission; (2) the accuracy of the
estimated burden; (3) ways for the NTSB
to enhance the quality, usefulness, and
clarity of the IC; and (4) ways to
minimize burden without reducing the
quality of the IC.
A Notice Regarding Injunctions
The vaccination requirement issued
pursuant to E.O. 14043 is currently the
subject of a nationwide injunction.
While that injunction remains in place,
the NTSB will not process requests for
a medical exception from the COVID–19
vaccination requirement pursuant to
E.O. 14043. The NTSB will also not
request the submission of any medical
information related to a request for an
exception from the vaccination
requirement pursuant to E.O. 14043
while the injunction remains in place.
But the NTSB may nevertheless receive
information regarding a medical
exception. That is because, if the NTSB
were to receive a request for an
exception from the COVID–19
vaccination requirement pursuant to
E.O. 14043 during the pendency of the
injunction, the NTSB will accept the
request, hold it in abeyance, and notify
the employee who submitted the request
that implementation and enforcement of
the COVID–19 vaccination requirement
pursuant to E.O. 14043 is currently
enjoined and that an exception therefore
is not necessary so long as the
injunction is in place. In other words,
during the pendency of the injunction,
any information collection related to
requests for medical exception from the
COVID–19 vaccination requirement
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pursuant to E.O. 14043 is not
undertaken to implement or enforce the
COVID–19 vaccination requirement.
Title of Collection: Request for a
Medical Exception to the COVID–19
Vaccination Requirement.
OMB Control Number: 3147–0028.
Form Number: Not applicable.
Type of Review: Extension of a
currently-approved collection.
Affected Public: Private sector.
Total Estimated Annual Burden
Hours: 20.
Estimated Average Burden Hours per
Respondent: 1.
Frequency of Response: On occasion.
Total Estimated No. of Annual
Responses: 20.
Jennifer Homendy,
Chair.
[FR Doc. 2022–06037 Filed 3–21–22; 8:45 am]
BILLING CODE 7533–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–237 and 50–249; NRC–
2022–0025]
Constellation Energy Generation, LLC;
Dresden Nuclear Power Station, Units
2 and 3
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued an
exemption in response to an October 28,
2021, request from Exelon Generation
Company, LLC to allow the submittal of
sufficient Dresden Nuclear Power
Station, Units 2 and 3, subsequent
license renewal applications no later
than 3 years prior to expiration of the
existing renewed operating licenses and
still place the licenses in timely renewal
under NRC regulations. On February 1,
2022, Exelon Generation Company, LLC
was renamed Constellation Energy
Generation, LLC.
DATES: The exemption was issued on
March 15, 2022.
ADDRESSES: Please refer to Docket ID
NRC–2022–0025 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–2022–0025. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
SUMMARY:
PO 00000
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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
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.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
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
FOR FURTHER INFORMATION CONTACT:
Russell S. Haskell, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
1129, email: Russell.Haskell@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
Dated: March 16, 2022.
For the Nuclear Regulatory Commission.
Russell S. Haskell,
Project Manager, Plant Licensing Branch III,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
Attachment—Exemption.
NUCLEAR REGULATORY
COMMISSION
Docket Nos. 50–237 and 50–249
Constellation Energy Generation, LLC;
Dresden Nuclear Power Station, Units 2
and 3
Exemption
I. Background
Constellation Energy Generation, LLC
(the licensee), is the holder of Renewed
Facility Operating License Nos. DPR–19
and DPR–25 which authorize operation
of the Dresden Nuclear Power Station,
Units 2 and 3, respectively. These units
are boiling-water reactors located in
Grundy County, Illinois. The licenses
provide, among other things, that the
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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 licenses for
Dresden Nuclear Power Station, Units 2
and 3, expire on December 22, 2029,
and January 12, 2031, respectively.
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II. Request/Action
By letter dated October 28, 2021,
Exelon Generation Company, LLC
requested an exemption from 10 CFR
2.109(b) to allow the subsequent license
renewal applications (SLRAs) for
Dresden Nuclear Power Station, Units 2
and 3, to be submitted no later than 3
years prior to the expiration of the
existing licenses and still receive timely
renewal protection under 10 CFR
2.109(b). On February 1, 2022 (ADAMS
Accession No. ML22032A333), Exelon
Generation Company, LLC was renamed
Constellation Energy Generation, LLC.
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), ‘‘Effect of timely renewal
application.’’ 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.’’
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,
the licensee stated that three special
circumstances apply to its request. The
three special circumstances that the
licensee included in its request are:
(1) Application of the regulation
would not serve the underlying purpose
of the rule or is not necessary to achieve
the underlying purpose of the rule.
(2) Compliance 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
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excess of those incurred by others
similarly situated.
(3) It is in the public interest to grant
the exemption based on new and
material circumstances that did not
exist when the NRC adopted Section
2.109(b).
A. The Exemption Is Authorized by Law
This exemption would allow the
licensee to submit sufficient SLRAs for
Dresden Nuclear Power Station, Units 2
and 3, no later than 3 years prior to the
expiration of its existing licenses and
the licenses would still be in timely
renewal 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 the
licensee to submit sufficient SLRAs and
place the licenses in timely renewal 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
SLRAs, 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
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16247
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 a 3year time period, rather than the 5 years
specified in 10 CFR 2.109(b), for the
licensee to submit sufficient SLRAs and
place the licenses in timely renewal 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
statements of consideration discussed
the basis for establishing the latest date
for filing license renewal applications
and the timely renewal doctrine (56 FR
64962). The statements of consideration
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.
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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 § 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 applications to place their
licenses in timely renewal.
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
the licensee files sufficient Dresden
Nuclear Power Station, Units 2 and 3,
SLRAs no later than 3 years prior to
expiration of the licenses. 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 Dresden Nuclear Power
Station, Units 2 and 3.
In addition, the NRC finds that the
special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the
circumstances of Dresden Nuclear
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Power Station, Units 2 and 3.
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 (now
Constellation) stated that the decision to
continue power operation at Dresden
Nuclear Power Station, Units 2 and 3,
depended on economic and legislative
factors that evolved in a way that did
not permit the preparation and
submission of SLRAs 5 years prior to
each unit’s license expiration date. The
licensee further stated that if the
exemption is not granted, and it submits
its SLRAs less than 5 years before
license expiration, then the licensee
would face the risk of being forced to
shut down if the application is not
approved before the current licenses
expire. 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 the licensee in its
exemption request.
E. Environmental Considerations
The NRC has determined that the
issuance of the requested exemption
meets the provisions of the categorical
exclusion in 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 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 one of several
matters, including scheduling
requirements (§ 51.22(c)(25)(iv)(G)). The
basis for NRC’s determination is
provided in the following evaluation of
the requirements in 10 CFR
51.22(c)(25)(i)–(vi).
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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 no later
than 3 years before the expiration of the
existing license and deeming the license
in timely renewal under 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 the licensee must
submit its SLRAs and still place the
licenses in timely renewal, 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 the licensee must
submit its SLRAs and still place the
licenses in timely renewal, 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
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accident. Therefore, the requirements of
10 CFR 51.22(c)(25)(v) are met.
NUCLEAR REGULATORY
COMMISSION
Requirements in 10 CFR 51.22(c)(25)(vi)
[NRC–2022–0065]
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 the licensee to submit
SLRAs for Dresden Nuclear Power
Station, Units 2 and 3, no later than 3
years prior to the expiration of the
existing licenses, rather than the 5 years
specified in 10 CFR 2.109(b), and still
place the licenses in timely renewal
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.
Monthly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
IV. Conclusions
Accordingly, the NRC has determined
that, pursuant to 10 CFR 54.15 and 10
CFR 50.12, the requested 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 Dresden
Nuclear Power Station, Units 2 and 3,
from 10 CFR 2.109(b) to allow the
submittal of the Dresden Nuclear Power
Station, Units 2 and 3, SLRAs no later
than 3 years prior to expiration of the
operating licenses.
This exemption is effective upon
issuance.
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Dated at Rockville, Maryland, this 15th day
of March 2022.
For the Nuclear Regulatory Commission.
/RA/
Gregory F. Suber,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2022–05998 Filed 3–21–22; 8:45 am]
BILLING CODE 7590–01–P
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FOR FURTHER INFORMATION CONTACT:
Nuclear Regulatory
Commission.
ACTION: Monthly notice.
AGENCY:
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
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 February 4, 2022, to March
3, 2022. The last monthly notice was
published on February 22, 2022.
DATES: Comments must be filed by April
21, 2022. A request for a hearing or
petitions for leave to intervene must be
filed by May 23, 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–2022–0065. 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.
SUMMARY:
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16249
Kathleen Entz, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–2464, email:
Kathleen.Entz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0065, 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–2022–0065.
• 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
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.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
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–2022–0065, facility
name, unit number(s), docket
number(s), application date, and
subject, 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
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16246-16249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05998]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249; NRC-2022-0025]
Constellation Energy Generation, LLC; Dresden Nuclear Power
Station, Units 2 and 3
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 an October 28, 2021, request from Exelon
Generation Company, LLC to allow the submittal of sufficient Dresden
Nuclear Power Station, Units 2 and 3, subsequent license renewal
applications no later than 3 years prior to expiration of the existing
renewed operating licenses and still place the licenses in timely
renewal under NRC regulations. On February 1, 2022, Exelon Generation
Company, LLC was renamed Constellation Energy Generation, LLC.
DATES: The exemption was issued on March 15, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0025 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-2022-0025. 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.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, 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
FOR FURTHER INFORMATION CONTACT: Russell S. Haskell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1129, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: March 16, 2022.
For the Nuclear Regulatory Commission.
Russell S. Haskell,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption.
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-237 and 50-249
Constellation Energy Generation, LLC; Dresden Nuclear Power Station,
Units 2 and 3
Exemption
I. Background
Constellation Energy Generation, LLC (the licensee), is the holder
of Renewed Facility Operating License Nos. DPR-19 and DPR-25 which
authorize operation of the Dresden Nuclear Power Station, Units 2 and
3, respectively. These units are boiling-water reactors located in
Grundy County, Illinois. The licenses provide, among other things, that
the
[[Page 16247]]
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 licenses for Dresden Nuclear Power
Station, Units 2 and 3, expire on December 22, 2029, and January 12,
2031, respectively.
II. Request/Action
By letter dated October 28, 2021, Exelon Generation Company, LLC
requested an exemption from 10 CFR 2.109(b) to allow the subsequent
license renewal applications (SLRAs) for Dresden Nuclear Power Station,
Units 2 and 3, to be submitted no later than 3 years prior to the
expiration of the existing licenses and still receive timely renewal
protection under 10 CFR 2.109(b). On February 1, 2022 (ADAMS Accession
No. ML22032A333), Exelon Generation Company, LLC was renamed
Constellation Energy Generation, LLC.
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), ``Effect of timely renewal application.''
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.''
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, the licensee stated that three
special circumstances apply to its request. The three special
circumstances that the licensee included in its request are:
(1) Application of the regulation would not serve the underlying
purpose of the rule or is not necessary to achieve the underlying
purpose of the rule.
(2) Compliance 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) It is in the public interest to grant the exemption based on
new and material circumstances that did not exist when the NRC adopted
Section 2.109(b).
A. The Exemption Is Authorized by Law
This exemption would allow the licensee to submit sufficient SLRAs
for Dresden Nuclear Power Station, Units 2 and 3, no later than 3 years
prior to the expiration of its existing licenses and the licenses would
still be in timely renewal 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 the licensee to submit
sufficient SLRAs and place the licenses in timely renewal 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
SLRAs, 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 a 3-year time period, rather than
the 5 years specified in 10 CFR 2.109(b), for the licensee to submit
sufficient SLRAs and place the licenses in timely renewal 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 statements of
consideration discussed the basis for establishing the latest date for
filing license renewal applications and the timely renewal doctrine (56
FR 64962). The statements of consideration 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.
[[Page 16248]]
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
applications to place their licenses in timely renewal.
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 the licensee files sufficient Dresden
Nuclear Power Station, Units 2 and 3, SLRAs no later than 3 years prior
to expiration of the licenses. 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
Dresden Nuclear Power Station, Units 2 and 3.
In addition, the NRC finds that the special circumstance of 10 CFR
50.12(a)(2)(iii) is present in the circumstances of Dresden Nuclear
Power Station, Units 2 and 3. 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 (now Constellation) stated that the decision to
continue power operation at Dresden Nuclear Power Station, Units 2 and
3, depended on economic and legislative factors that evolved in a way
that did not permit the preparation and submission of SLRAs 5 years
prior to each unit's license expiration date. The licensee further
stated that if the exemption is not granted, and it submits its SLRAs
less than 5 years before license expiration, then the licensee would
face the risk of being forced to shut down if the application is not
approved before the current licenses expire. 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 the licensee in its exemption request.
E. Environmental Considerations
The NRC has determined that the issuance of the requested exemption
meets the provisions of the categorical exclusion in 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 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 one of several matters, including scheduling requirements
(Sec. 51.22(c)(25)(iv)(G)). 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 no later than 3 years before the expiration
of the existing license and deeming the license in timely renewal under
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 the
licensee must submit its SLRAs and still place the licenses in timely
renewal, 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 the
licensee must submit its SLRAs and still place the licenses in timely
renewal, 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
[[Page 16249]]
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 the licensee to submit SLRAs for Dresden Nuclear Power
Station, Units 2 and 3, no later than 3 years prior to the expiration
of the existing licenses, rather than the 5 years specified in 10 CFR
2.109(b), and still place the licenses in timely renewal 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 requested 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
Dresden Nuclear Power Station, Units 2 and 3, from 10 CFR 2.109(b) to
allow the submittal of the Dresden Nuclear Power Station, Units 2 and
3, SLRAs no later than 3 years prior to expiration of the operating
licenses.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 15th day of March 2022.
For the Nuclear Regulatory Commission.
/RA/
Gregory F. Suber,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2022-05998 Filed 3-21-22; 8:45 am]
BILLING CODE 7590-01-P
