Constellation Energy Generation, LLC; Quad Cities Nuclear Power Station, Units 1 and 2, 32253-32257 [2023-10723]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32253-32257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10723]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-254 and 50-265; NRC-2023-0081]


Constellation Energy Generation, LLC; Quad Cities Nuclear Power 
Station, Units 1 and 2

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 January 27, 2023, request from Constellation 
Energy Generation, LLC (Constellation), regarding the submittal of a 
subsequent license renewal application for Quad Cities Nuclear Power 
Station, Units 1 and 2. Pursuant to this exemption, if the licensee 
submits a subsequent license renewal application at least 3 years prior 
to the expiration of the existing operating licenses, and if the NRC 
staff finds it acceptable for docketing, the existing operating 
licenses will be in timely renewal under NRC regulations until the NRC 
has made a final determination on whether to approve the subsequent 
license renewal application.

DATES: The exemption was issued on May 15, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0081 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:

[[Page 32254]]

     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0081. 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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Robert Kuntz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3733; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: May 16, 2023.

    For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Plant Licensing Branch III, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

Nuclear Regulatory Commission

Docket Nos. 50-254 and 50-265

Constellation Energy Generation, LLC; Quad Cities Nuclear Power 
Station, Units 1 and 2

Exemption

I. Background

    Constellation Energy Generation, LLC (Constellation, the licensee), 
is the holder of Renewed Facility Operating Licenses Nos. DPR-29 and 
DPR-30 which authorize operation of the Quad Cities Nuclear Power 
Station (Quad Cities), Units 1 and 2. These units are boiling-water 
reactors located in Rock Island County, Illinois. The operating 
licenses provide, 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 licenses for Quad Cities, Units 1 and 2, each expire on 
December 14, 2032.

II. Request/Action

    By letter dated January 27, 2023 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML23027A061), Constellation 
requested an exemption from 10 CFR 2.109(b), which provides that if a 
nuclear power plant licensee files a sufficient license renewal 
application ``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.'' Specifically, 
Constellation requested timely renewal protection under 10 CFR 2.109(b) 
if it submits a subsequent license renewal application (SLRA) for Quad 
Cities, Units 1 and 2, at least 3 years prior to the expiration of the 
existing licenses.
    In its January 27, 2023, letter, the licensee stated that three 
special circumstances apply to its exemption request. The three special 
circumstances that Constellation included in its request are:
    (1) Application 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) 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; and
    (3) There is present any other material circumstance not considered 
when the regulation was adopted for which it would be in the public 
interest to grant an exemption.

III. Discussion

    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). As provided in 10 CFR 54.15, exemptions 
from the requirements of Part 54 may be granted by the Commission in 
accordance with 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).

A. The Exemption is Authorized by Law

    This exemption would allow Constellation to receive timely renewal 
protection under 10 CFR 2.109(b) if it submits a sufficient SLRA for 
Quad Cities, Units 1 and 2, at least 3 years prior to the expiration of 
its existing licenses. This means that if the licensee submits an 
updated SLRA by December 14, 2029, and the staff finds it acceptable 
for docketing, the existing licenses for Quad Cities Units 1 and 2 will 
not be deemed to have expired until the NRC has made a final 
determination on whether to approve the SLRA. The staff has determined 
that granting this exemption is authorized by law.
    Section 103c. of the Atomic Energy Act of 1954, as amended, permits 
the Commission to issue operating licenses, including renewed licenses. 
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(b) is not required 
by the Atomic Energy Act of 1954, as amended, or the Administrative 
Procedure Act. It is the result of a discretionary agency rulemaking 
under Sections 161 and 181 of the Atomic Energy Act of 1954, as amended 
(56 FR 64943; December 13, 1991) that was designed to provide the NRC 
with a reasonable amount of time to review a license renewal 
application and decide whether to approve it. Prior to 1992, the rules 
provided that licensees would have received timely renewal protection 
when they submitted their license renewal applications 30 days before 
the expiration of the current license. (56 FR 64943; December 13, 
1991). In 1990, the NRC proposed modifying 10 CFR 2.109 to provide that 
applications must be submitted 3 years before expiration of the current 
license to be afforded timely renewal protection. (55 FR 29043; July 
17, 1990). There is nothing in the preamble supporting the proposed 
rule or final

[[Page 32255]]

rule revising 10 CFR 2.109(b) that suggests that applying the timely 
renewal doctrine to license renewal applications submitted 30 days 
before the expiration of the license was not authorized by law. 
Instead, it appears the Commission proposed to revise 10 CFR 2.109(b) 
from 30 days to 3 years before the expiration of the license so that 
the final determination on a license renewal application would 
typically be made before the current operating license expired. In the 
proposed rule, the Commission explained that it did not believe 30 days 
would provide ``a reasonable time to review an application for a 
renewed operating license'' and estimated that the technical review of 
a license renewal application would take approximately 2 years. (55 FR 
29043; July 17, 1990). In the final rule, the Commission stated that 
the technical review of the application would take approximately 2 
years due to the review of many complex technical issues and that ``any 
necessary hearing could likely add an additional year or more'' (56 FR 
64943; December 13, 1991). Ultimately, the Commission concluded in the 
final rule that timely renewal protection would be provided for license 
renewal applications filed 5 years before the operating license expired 
to promote consistency with the requirement that licensees submit 
decommissioning plans and related financial assurance information on or 
about 5 years prior to the expiration of their current operating 
licenses. Thus, in promulgating 10 CFR 2.109(b), the Commission 
considered that the time period needed to reach a final determination 
may be less than 5 years in some cases, but the rule also provides 
timely renewal protection for timely-filed applications to account for 
situations where the resolution of complex technical issues may take 
more time.
    The exemption constitutes a change to the schedule by which the 
licensee must submit its SLRA and is administrative in nature; it does 
not involve any change to the current operating license. Under 10 CFR 
54.17(a), an application for a renewed license must be filed in 
accordance with subpart A of 10 CFR part 2, which includes 10 CFR 
2.109(b). However, the NRC may grant exemptions from the requirements 
of 10 CFR part 54 pursuant to 10 CFR 54.15. For the reasons stated 
above, the NRC has determined that granting this exemption will not 
result in a violation of the Atomic Energy Act of 1954, as amended, the 
Administrative Procedure Act, 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 Constellation 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 the exemption 
from 10 CFR 2.109(b) does not result in a change to the facility or the 
current operating license. The NRC expects that a period of 3 years 
provides sufficient time for the NRC to perform a full and adequate 
safety and environmental review, and for the completion of the hearing 
process. Pending final action on the SLRA, the NRC will continue to 
conduct all regulatory activities associated with licensing, 
inspection, and oversight, and will take whatever action may be 
necessary to ensure adequate protection of the public health and 
safety. The existence of this exemption does not affect NRC's 
authority, applicable to all licenses, to modify, suspend, or revoke a 
license for cause, such as a serious safety concern. Based on the 
above, the NRC finds that the exemption does not cause undue risk to 
public health and safety.

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

    The requested exemption is a scheduling change that does not alter 
the design, function, or operation of any structures or plant equipment 
that is necessary to maintain safe and secure status of any site 
security matters. Therefore, the NRC finds that the action is 
consistent with the common defense and security.

D. Special Circumstances

    The Commission will not consider granting a specific exemption from 
the requirements in 10 CFR part 50 unless special circumstances are 
present. For the following reasons, the NRC finds that the special 
circumstances of 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(iii) are 
present for Quad Cities, Units 1 and 2. That is, application 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, and 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.
Special Circumstance of 10 CFR 50.12(a)(2)(ii)
    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). 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; December 13, 1991). The 
statement of considerations discussed the basis for establishing the 
latest date for filing license renewal applications for the purposes of 
the timely renewal doctrine (56 FR 64962; December 13, 1991). As 
discussed in Section III.A of this issuance, the NRC originally 
estimated that approximately 3 years would be a reasonable amount of 
time to review a license 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.
    Accordingly, 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 Constellation files a sufficient SLRA at 
least 3 years prior to expiration of the Quad Cities, Units 1 and 2, 
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 22 
months of acceptance 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

[[Page 32256]]

process. Meeting this schedule is based on a 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 
Quad Cities, Units 1 and 2.
Special Circumstance of 10 CFR 50.12(a)(2)(iii)
    In addition, the NRC finds that the special circumstance of 10 CFR 
50.12(a)(2)(iii) is present in the circumstances of Quad Cities, Units 
1 and 2. Compliance with 10 CFR 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, Constellation 
stated that the decision to continue power operation at Quad Cities, 
Units 1 and 2, depends on uncertain economic and legislative 
environments. 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) is also present.
Special Circumstance of 10 CFR 50.12(a)(2)(vi)
    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 categorical exclusion 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, which includes scheduling requirements under 10 CFR 
51.22(c)(25)(vi)(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 
SLRA at least 3 years before the expiration of the existing license 
while maintaining the protection of the timely renewal provision in 10 
CFR 2.109(b) does not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. Therefore, the requirements of 10 CFR 
51.22(c)(25)(i) are met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
    The exemption constitutes a change to the schedule by which 
Constellation must submit its SLRA 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 
Constellation must submit its SLRA 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 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 Constellation to submit a SLRA for Quad Cities, Units 1 and 
2, at least 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 such 
that if the licensee submits a subsequent license renewal application 
for Quad Cities, Units 1 and 2, at least 3 years prior to the 
expiration of the existing operating licenses, and if the NRC Staff 
finds it acceptable for docketing, the existing operating licenses will 
be in timely renewal under NRC regulations until the NRC has made a 
final determination on whether to approve the subsequent license 
renewal application.
    This exemption is effective upon issuance.

    Dated: May 15, 2023.


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    For the Nuclear Regulatory Commission.
Gregory F. Suber,
Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2023-10723 Filed 5-18-23; 8:45 am]
BILLING CODE 7590-01-P