Vistra Operations Company, LLC; Beaver Valley Power Station, Units 1 and 2; Davis-Besse Nuclear Power Station, Unit 1; Perry Nuclear Power Plant, Unit 1; Exemption, 78345-78348 [2024-21856]
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Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
performance of the functions of the
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accuracy of the NSF’s estimate of the
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Title of Collection: The Interagency
Arctic Research Policy Committee
Principles for Conducting Research in
the Arctic Evaluation Survey.
OMB Control No.: 3145–New.
Abstract: The Interagency Arctic
Research Policy Committee (IARPC) was
established by the Arctic Research and
Policy Act of 1984 (ARPA) to facilitate
coordination and cooperation in Arctic
research. Now a subcommittee of the
National Science and Technology
Council (NSTC), IARPC plays a critical
role in enhancing scientific monitoring
and advancing Arctic research through
the coordination of Federal agencies as
well as domestic and international
collaborators. In 2018, IARPC released
the revised Principles for Conducting
Research in the Arctic OPP Principles
for the Conduct of Research in the
Arctic | NSF—National Science
Foundation (https://www.nsf.gov/geo/
opp/arctic/conduct.jsp) to guide
research activities throughout the
Arctic. In 2023, the IARPC’s
Participatory Research and Indigenous
Leadership in Research (PILR)
Collaboration Team (one of five
foundational activities in the Arctic
Research Plan—IARPC Collaborations)
(https://www.iarpccollaborations.org/
plan/) reframed these
principles as SHARE:
• Sustain and build relationships
• Humble accountability
• Advance responsible environmental
stewardship
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• Effective communication
These Principles are directed at
academic and federal researchers
funded by IARPC agencies but are
equally relevant to other individuals
and organizations pursuing or funding
research in the Arctic. They are
guidelines for conducting responsible
and ethical research and they encourage
respect for all individuals, cultures, and
the environment. The Principles are not
intended to supplant existing
regulations and guidelines; researchers
should follow federal, state, and local
regulations, policies and guidelines.
Research involving human subjects
must adhere to specific requirements.
Projects on Indigenous homelands or
involving Indigenous Peoples should be
coordinated with Indigenous leadership
and should follow all applicable
regulations and local research
guidelines.
The rapid changes occurring in the
Arctic are complex, dynamic, and
interconnected. Climate change and
other environmental changes are
profoundly impacting Arctic
communities and have global
consequences. As a result, emerging
research questions are multidisciplinary
and are best addressed by multiple
Federal agencies working closely with
non-Federal partners. Through a
targeted approach to cross-cutting
priority areas, the Interagency Arctic
Research Policy Committee’s (IARPC)
Arctic Research Plan 2022–2026
addresses the most pressing Arctic
research needs that require a
collaborative approach and can advance
understanding of the Arctic and climate
change, inform policy and planning
decisions, and promote the well-being
of Arctic and global communities. The
plan’s priority areas respond to
challenges identified by Arctic
communities, Federal agencies with a
presence in Alaska or a responsibility to
understand the Arctic region, Federal
agencies with Arctic investments, the
state of Alaska, Tribal and Indigenous
organizations, and other non-Federal
entities.
Every five years, IARPC is required by
law (ARPA) ‘‘to prepare and execute an
Arctic Research Plan in coordination
with the U.S. Arctic Research
Commission, the Governor of the State
of Alaska, residents of the Arctic, the
private sector, and public interest
groups.’’ The Arctic Research Plan
2022–2026 is the third plan since IARPC
became a subcommittee of the NSTC
and builds from the successes and
communities of practice established by
previous plans. It seeks to integrate
these communities and create cross-
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cutting foci which require a focused
research effort.
The IARPC PILR Collaboration work
focuses on three objectives including
PILR 1 to fulfill Federal requirement to
consult with Federally recognized
Tribes and Alaska Native Corporations.
The IARPC Principles survey stems
from PILR Deliverable 1.2 to Evaluate
the Principles for Conducting Research
in the Arctic 2018, and update as
needed based on the evaluation. This
survey will enable an evaluation of
understanding and implementation of
the SHARE Principles among three
primary groups, Arctic Indigenous and
local community members and
leadership, the scientific research
community, and federal agency
personnel.
Respondents: Arctic Indigenous and
local community members and
leadership (100); scientific research
community (100), and federal agency
personnel (100).
Estimated Number of Annual
Respondents: 300.
Burden on the Public: Estimated 20
minutes to fill out the form. The
estimated burden time is 102 hours.
Dated: September 20, 2024.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2024–21973 Filed 9–24–24; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334, 50–412; 50–346, and
50–440; NRC–2024–0127]
Vistra Operations Company, LLC;
Beaver Valley Power Station, Units 1
and 2; Davis-Besse Nuclear Power
Station, Unit 1; Perry Nuclear Power
Plant, Unit 1; Exemption
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is granting an
exemption in response to a request
dated February 23, 2024, as
supplemented on August 15, 2024,
seeking an exemption from specific
regulations that require periodic
updates to the Updated Final Safety
Analysis Reports (UFSARs) for the
Beaver Valley Power Station (BVPS),
Units 1 and 2, Davis-Bess Nuclear
Power Station, (DBNPS) Unit 1, and
Perry Nuclear Power Plant (PNPP), Unit
1. The initial request was submitted by
Energy Harbor Nuclear Corp. Effective
SUMMARY:
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Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
March 1, 2024, the facility operating
licenses for BVPS, Units 1 and 2,
DBNPS, Unit 1, and PNPP, Unit 1, were
transferred from Energy Harbor Nuclear
Corp. (operator) to Vistra Operations
Company, LLC (operator). The
ownership of these units by Energy
Harbor Nuclear Generation, LLC was not
affected by the transfer. Upon
completion of this license transfer,
Vistra Operations Company, LLC
assumed the responsibility for all
licensing actions under NRC review at
the time of the transfer and requested
that the NRC continue its review of
these actions.
DATES: The exemption was issued on
September 17, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0127 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–2024–0127. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
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: The PDR, where you
may examine and order copies of
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by appointments. 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 a.m. and 4 p.m. (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:
Robert.Kuntz@nrc.gov.
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SUPPLEMENTARY INFORMATION:
The text of
the exemption is attached.
Dated: September 19, 2024.
For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Plant Licensing
Branch 3, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334, 50–412, 50–346,
and 50–440]
Vistra Operations Company, LLC;
Beaver Valley Power Station, Units 1
and 2, Davis-Besse Nuclear Power
Station, Unit 1, Perry Nuclear Power
Plant, Unit 1; Exemptions
I. Background
Vistra Operations Company, LLC
(VistraOps, the licensee) is the holder of
Facility Operating License Nos. DPR–66,
NPF–73, NPF–3, and NPF–58, for
Beaver Valley Power Station (BVPS),
Units 1 and 2; Davis-Besse Nuclear
Power Station (DBNPS) Unit 1; and
Perry Nuclear Power Plant (PNPP) Unit
1, respectively. The licenses provide,
among other things, that the licensee is
subject to all rules, regulations, and
orders of the Commission now or
hereafter in effect. The BVPS, Units 1
and 2; and DBNPS, Unit 1, facilities
consist of pressurized-water reactors
(PWRs) located along the Ohio River in
Beaver Valley, PA and in Ottawa
County, OH, respectfully. The PNPP,
Unit 1, is a boiling-water reactor (BWR)
located near Lake Erie in Lake County,
Ohio.
II. Request/Action
Section 50.71 of title 10 of the Code
of Federal Regulations (10 CFR),
‘‘Maintenance of records, making of
reports,’’ paragraph (e)(4) states, in part,
‘‘Subsequent revisions [to the Updated
Final Safety Analysis Report (UFSAR)
submitted as part of the original license
application] must be filed annually or 6
months after each refueling outage
provided the interval between
successive updates [to the UFSAR] does
not exceed 24 months.’’
By letter dated February 23, 2024
(ADAMS Accession No. ML24054A101),
Energy Harbor Corporation requested
that the due date for submittal of the
BVPS, Unit 1, UFSAR be by May 31 of
every even-numbered year, provided the
interval between successive updates
does not exceed 24 months. Similarly,
for BVPS, Unit 2, the UFSAR update
would be due by May 31 of every oddnumbered year; for PNPP, Unit 1, the
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UFSAR update would be due by
September 30 of every odd-numbered
year; and for DBNPS, Unit 1, the UFSAR
update would be due by September 30
of every even-numbered year, provided
the interval between successive updates
does not exceed 24 months for each
unit. This proposal differs from the
requirements these units are currently
subject to. As explained in the request
for exemptions:
Currently, BVPS, Units 1 and 2 are on 18month staggered refueling cycles while PNPP
and DBNPS are on 24-month refueling cycles.
Based on the applicable refueling cycle,
PNPP and DBNPS perform UFSAR updates
approximately every 24 months while BVPS
Units 1 and 2 perform updates approximately
every 18 months. The exemption will
provide for a set calendar schedule for each
of the Energy Harbor Nuclear Corp. plants,
which would allow more efficient scheduling
and allocation of resources to prepare and
submit UFSAR updates while remaining
within the maximum allowed 24 months
between successive updates.
Effective March 1, 2024
(ML24057A092), the facility operating
licenses for BVPS, Units 1 and 2,
DBNPS, Unit 1, and PNPP, Unit 1, were
transferred from Energy Harbor Nuclear
Corp. (operator) to Vistra Operations
Company LLC (operator). The
ownership of these units by Energy
Harbor Nuclear Generation LLC was not
affected by the transfer. Upon
completion of this license transfer,
VistraOps assumed the responsibility
for all licensing actions under NRC
review at the time of the transfer and
requested that the NRC continue its
review of these actions (ML24054A498).
VistraOps submitted a supplement to
the exemption requests on August 15,
2024 (ML24228A213).
III. Discussion
Pursuant to 10 CFR 50.12, the NRC
may, upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR, part 50, including 10 CFR
50.71(e)(4) when: (1) the exemptions are
authorized by law, will not present an
undue risk to the public health or safety,
and are consistent with the common
defense and security; and (2) special
circumstances are present. Under 10
CFR 50.12(a)(2), special circumstances
include, among other things, when
application of the specific regulation in
the particular circumstances would not
serve, or is not necessary to achieve, the
underlying purpose of the rule.
A. The Exemptions Are Authorized by
Law
In accordance with 10 CFR 50.12, the
NRC may grant an exemption from the
requirements of 10 CFR part 50 if the
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exemption is authorized by law. The
proposed exemptions are authorized by
law as no other prohibition of law exists
that would preclude the activities that
would be authorized by the exemptions.
The NRC staff has determined that
granting the licensee’s proposed
exemptions will not result in a violation
of the Atomic Energy Act of 1954, as
amended, or the Commission’s
regulations. Therefore, the exemptions
are authorized by law.
B. The Exemptions Present No Undue
Risk to Public Health and Safety
The proposed exemptions will not
alter the manner in which changes to
the UFSAR are evaluated in that
changes to the UFSAR will continue to
be reviewed through the existing
applicable administrative and
programmatic control processes to
ensure that UFSAR changes are properly
evaluated and implemented.
Licensees are required, in accordance
with 10 CFR 50.71(e)(4), to periodically
submit their UFSARs and modifying the
schedule for periodic submittal does not
alter plant design or operation.
Therefore, the exemptions do not
present an undue risk to the public
health and safety.
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C. The Exemptions Are Consistent With
the Common Defense and Security
The proposed exemptions have no
impact on the BVPS, Units 1 and 2,
DBNPS, and PNPP physical security
plan or the ability to protect special
nuclear material at BVPS, Units 1 and
2, DBNPS, and PNPP. Therefore, the
exemptions are consistent with the
common defense and security.
D. Special Circumstances
In accordance with 10 CFR
50.12(a)(2)(ii), special circumstances
exist when compliance is not necessary
to achieve the underlying purpose of the
rule. The underlying purpose of 10 CFR
50.71(e)(4) is to ensure that licensees
periodically submit their UFSARs to
assure that the UFSAR remains up to
date while reflecting the plant design
and operation. Specifically, when the
requirement to provide an UFSAR
update was first promulgated (May 9,
1980; 45 FR 30614), the Commission
explained that it was establishing the
requirement ‘‘to provide an updated
reference document to be used in
recurring safety analyses performed by
the licensee, the Commission, and other
interested parties.’’ That rule required
updating on an annual basis. In a 1992
final rule that had the purpose of
reducing regulatory burden on licensees
(August 31, 1992; 57 FR 39353), the
Commission provided an alternative to
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annual updating, in which licensees
could provide updates ‘‘6 months after
each refueling outage provided the
interval between successive updates to
the FSAR does not exceed 24 months.’’
In a response to a comment suggesting
that the FSAR update be decoupled
from the refueling cycle, the
Commission explained in the final rule
(57 FR 39354), ‘‘The majority of facility
design changes reflected in an updated
FSAR are effected during the refueling
outage. The use of the refueling cycle
interval provides for a current plant
status document that is coordinated
with plant changes.’’
As required by 10 CFR 50.71(e)(4) a
maximum time of 24 months between
successive updates and the requirement
to reflect changes to the UFSAR up to
a maximum of 6 months prior to the
date of filing is allowed. The processing
and submittal of more frequent revisions
to the UFSAR, including all documents
incorporated by reference, is not
necessary to achieve the underlying
purpose of the rule. The BVPS, Units 1
and 2, DBNPS, and PNPP routine
UFSAR submittals will not exceed the
maximum 24 months between
submission. Further, as noted in the
licensee’s submittal dated August 15,
2024, the majority of facility design
changes reflected in the UFSAR for the
affected reactors are no longer effected
during the refueling outage. Therefore,
the submittals will continue to contain
timely updates to the NRC as required
by 10 CFR 50.71(e)(4). Furthermore,
tying the processing and submittal of
the UFSAR to the refueling cycle is not
necessary to achieve the underlying
purpose of the rule as the majority of the
facility design changes are not
implemented during refueling outages
and therefore tying the UFSAR
submittal to the refueling cycle is not
necessary to provide a current plant
status document coordinated with plant
changes. Therefore, special
circumstances exist under 10 CFR
50.12(a)(2)(ii) in that application of the
requirements in these particular
circumstances are not necessary to
achieve the underlying purpose of the
rule.
E. Environmental Considerations
With respect to the impact of the
exemptions on the quality of the human
environment, the NRC has determined
that the issuance of the exemptions
discussed herein meets the eligibility
criteria for categorical exclusion from
the requirement to prepare an
environmental assessment or
environmental impact statement, set
forth in 10 CFR 51.22(c)(25).
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78347
Under 10 CFR 51.22(c)(25), the
granting of an exemption from the
requirements of any regulation of 10
CFR chapter I (which includes 10 CFR
50.71(e)(4)) is an action that is a
categorical exclusion, provided that
certain specified criteria are met. 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 no significant
hazards consideration. The criteria for
determining whether an action involves
a significant hazards consideration are
found in 10 CFR 50.92. The proposed
action involves only a schedule change
regarding the submission of an update
to the UFSAR. As set forth in that
regulation, there are no significant
hazard considerations because granting
the exemptions would 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.
Requirements in 10 CFR 51.22(c)(25)(ii)
The exemption satisfies the criterion
in 10 CFR 51.22(c)(25)(ii) that there is
no significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite. The proposed action involves
only a schedule change, which is
administrative in nature, and does not
involve any changes in the types or
increase in the amounts of any effluents
that may be released offsite.
Requirements in 10 CFR 51.22(c)(25)(iii)
The exemption satisfies the criterion
in 10 CFR 51.22(c)(25)(iii) that there is
no significant increase in individual or
cumulative public or occupational
radiation exposure. Since the proposed
action involves only a schedule change,
which is administrative in nature, it
does not contribute to any significant
increase in individual or cumulative
public or occupational radiation
exposures.
Requirements in 10 CFR 51.22(c)(25)(iv)
The exemption satisfies the criterion
in 10 CFR 51.22(c)(25)(iv) that there is
no significant construction impact.
Since the proposed action involves only
a schedule change related to the timing
for submittal of UFSAR updates, which
is administrative in nature, it does not
involve any construction impact.
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Requirements in 10 CFR 51.22(c)(25)(v)
The exemption satisfies the criterion
in 10 CFR 51.22(c)(25)(v) that there is no
significant increase in the potential for
or consequences from radiological
accidents. The proposed action involves
only a schedule change related to the
timing for submittal of UFSAR updates,
which is administrative in nature and
does not impact the potential for or
consequences from radiological
accidents.
Requirements in 10 CFR 51.22(c)(25)(vi)
The exemption satisfies the criterion
in 10 CFR 51.22(c)(25)(vi)(B) and
51.22(c)(25)(vi)(G) because the
requirements from which the exemption
is sought involve reporting and
scheduling requirements, specifically
the required schedule for submittal of
UFSAR updates to the NRC pursuant to
10 CFR 50.71(e)(4).
Based on the above, the NRC staff
concludes that the proposed exemptions
meet the eligibility criteria for the
categorical exclusion set forth in 10 CFR
51.22(c)(25). Therefore, in accordance
with 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared in
connection with the NRC’s issuance of
these exemptions.
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IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, the exemptions are 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, pursuant to 10 CFR
50.12(a)(2)(ii) are present. Therefore, the
Commission hereby grants VistraOps
the following exemptions from the
requirements of 10 CFR 50.71(e)(4) to
allow VistraOps to file its periodic
updates: to the BVPS, Unit 1, UFSAR by
May 31 of every even-numbered year, to
the BVPS, Unit 2, UFSAR by May 31 of
every odd-numbered year, to the PNPP,
Unit 1, UFSAR by September 30 of
every odd-numbered year, and to the
DBNPS, Unit 1, UFSAR by September
30 of every even-numbered year,
provided the interval between
successive updates does not exceed 24
months for each unit.
The exemptions are effective upon
issuance.
Dated: September 17, 2024.
For the Nuclear Regulatory Commission.
/RA/
Bo Pham,
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Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
[FR Doc. 2024–21856 Filed 9–24–24; 8:45 am]
(Public Representative). Section II also
establishes comment deadline(s)
BILLING CODE 7590–01–P
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
POSTAL REGULATORY COMMISSION
the Commission’s website (https://
[Docket Nos. MC2024–691 and CP2024–700;
www.prc.gov). Non-public portions of
MC2024–692 and CP2024–701; MC2024–693
and CP2024–702; MC2024–694 and CP2024– the Postal Service’s request(s), if any,
can be accessed through compliance
703; MC2024–695 and CP2024–704;
MC2024–696 and CP2024–705; MC2024–697 with the requirements of 39 CFR
and CP2024–706; MC2024–698 and CP2024– 3011.301.1
707; MC2024–699 and CP2024–708;
The Commission invites comments on
MC2024–700 and CP2024–709]
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
New Postal Products
with the policies of title 39. For
request(s) that the Postal Service states
AGENCY: Postal Regulatory Commission.
concern Market Dominant product(s),
ACTION: Notice.
applicable statutory and regulatory
SUMMARY: The Commission is noticing a
requirements include 39 U.S.C. 3622, 39
recent Postal Service filing for the
U.S.C. 3642, 39 CFR part 3030, and 39
Commission’s consideration concerning CFR part 3040, subpart B. For request(s)
a negotiated service agreement. This
that the Postal Service states concern
notice informs the public of the filing,
Competitive product(s), applicable
invites public comment, and takes other statutory and regulatory requirements
administrative steps.
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
DATES: Comments are due: September
39 CFR part 3040, subpart B. Comment
25, 2024.
deadline(s) for each request appear in
ADDRESSES: Submit comments
section II.
electronically via the Commission’s
Filing Online system at https://
II. Docketed Proceeding(s)
www.prc.gov. Those who cannot submit
1. Docket No(s).: MC2024–691 and
comments electronically should contact
the person identified in the FOR FURTHER CP2024–700; Filing Title: USPS Request
to Add Priority Mail Express, Priority
INFORMATION CONTACT section by
Mail & USPS Ground Advantage
telephone for advice on filing
Contract 345 to Competitive Product
alternatives.
List and Notice of Filing Materials
FOR FURTHER INFORMATION CONTACT:
Under Seal; Filing Acceptance Date:
David A. Trissell, General Counsel, at
September 17, 2024; Filing Authority: 39
202–789–6820.
U.S.C. 3642, 39 CFR 3040.130 through
SUPPLEMENTARY INFORMATION:
3040.135, and 39 CFR 3035.105; Public
Representative: Alain Brou; Comments
Table of Contents
Due: September 25, 2024.
I. Introduction
2. Docket No(s).: MC2024–692 and
II. Docketed Proceeding(s)
CP2024–701; Filing Title: USPS Request
to Add Priority Mail Express, Priority
I. Introduction
The Commission gives notice that the Mail & USPS Ground Advantage
Contract 346 to Competitive Product
Postal Service filed request(s) for the
Commission to consider matters related List and Notice of Filing Materials
Under Seal; Filing Acceptance Date:
to negotiated service agreement(s). The
September 17, 2024; Filing Authority: 39
request(s) may propose the addition or
U.S.C. 3642, 39 CFR 3040.130 through
removal of a negotiated service
agreement from the Market Dominant or 3040.135, and 39 CFR 3035.105; Public
Representative: Alain Brou; Comments
the Competitive product list, or the
Due: September 25, 2024.
modification of an existing product
3. Docket No(s).: MC2024–693 and
currently appearing on the Market
CP2024–702; Filing Title: USPS Request
Dominant or the Competitive product
to Add Priority Mail Express, Priority
list.
Mail & USPS Ground Advantage
Section II identifies the docket
Contract 347 to Competitive Product
number(s) associated with each Postal
List and Notice of Filing Materials
Service request, the title of each Postal
Service request, the request’s acceptance
1 See Docket No. RM2018–3, Order Adopting
date, and the authority cited by the
Final Rules Relating to Non-Public Information,
Postal Service for each request. For each June 27, 2018, Attachment A at 19–22 (Order No.
4679).
request, the Commission appoints an
PO 00000
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]]>Agencies
[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78345-78348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21856]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334, 50-412; 50-346, and 50-440; NRC-2024-0127]
Vistra Operations Company, LLC; Beaver Valley Power Station,
Units 1 and 2; Davis-Besse Nuclear Power Station, Unit 1; Perry Nuclear
Power Plant, Unit 1; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption in response to a request dated February 23, 2024, as
supplemented on August 15, 2024, seeking an exemption from specific
regulations that require periodic updates to the Updated Final Safety
Analysis Reports (UFSARs) for the Beaver Valley Power Station (BVPS),
Units 1 and 2, Davis-Bess Nuclear Power Station, (DBNPS) Unit 1, and
Perry Nuclear Power Plant (PNPP), Unit 1. The initial request was
submitted by Energy Harbor Nuclear Corp. Effective
[[Page 78346]]
March 1, 2024, the facility operating licenses for BVPS, Units 1 and 2,
DBNPS, Unit 1, and PNPP, Unit 1, were transferred from Energy Harbor
Nuclear Corp. (operator) to Vistra Operations Company, LLC (operator).
The ownership of these units by Energy Harbor Nuclear Generation, LLC
was not affected by the transfer. Upon completion of this license
transfer, Vistra Operations Company, LLC assumed the responsibility for
all licensing actions under NRC review at the time of the transfer and
requested that the NRC continue its review of these actions.
DATES: The exemption was issued on September 17, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0127 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-2024-0127. 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, at 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointments. 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. (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: September 19, 2024.
For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Plant Licensing Branch 3, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334, 50-412, 50-346, and 50-440]
Vistra Operations Company, LLC; Beaver Valley Power Station, Units 1
and 2, Davis-Besse Nuclear Power Station, Unit 1, Perry Nuclear Power
Plant, Unit 1; Exemptions
I. Background
Vistra Operations Company, LLC (VistraOps, the licensee) is the
holder of Facility Operating License Nos. DPR-66, NPF-73, NPF-3, and
NPF-58, for Beaver Valley Power Station (BVPS), Units 1 and 2; Davis-
Besse Nuclear Power Station (DBNPS) Unit 1; and Perry Nuclear Power
Plant (PNPP) Unit 1, respectively. The licenses provide, among other
things, that the licensee is subject to all rules, regulations, and
orders of the Commission now or hereafter in effect. The BVPS, Units 1
and 2; and DBNPS, Unit 1, facilities consist of pressurized-water
reactors (PWRs) located along the Ohio River in Beaver Valley, PA and
in Ottawa County, OH, respectfully. The PNPP, Unit 1, is a boiling-
water reactor (BWR) located near Lake Erie in Lake County, Ohio.
II. Request/Action
Section 50.71 of title 10 of the Code of Federal Regulations (10
CFR), ``Maintenance of records, making of reports,'' paragraph (e)(4)
states, in part, ``Subsequent revisions [to the Updated Final Safety
Analysis Report (UFSAR) submitted as part of the original license
application] must be filed annually or 6 months after each refueling
outage provided the interval between successive updates [to the UFSAR]
does not exceed 24 months.''
By letter dated February 23, 2024 (ADAMS Accession No.
ML24054A101), Energy Harbor Corporation requested that the due date for
submittal of the BVPS, Unit 1, UFSAR be by May 31 of every even-
numbered year, provided the interval between successive updates does
not exceed 24 months. Similarly, for BVPS, Unit 2, the UFSAR update
would be due by May 31 of every odd-numbered year; for PNPP, Unit 1,
the UFSAR update would be due by September 30 of every odd-numbered
year; and for DBNPS, Unit 1, the UFSAR update would be due by September
30 of every even-numbered year, provided the interval between
successive updates does not exceed 24 months for each unit. This
proposal differs from the requirements these units are currently
subject to. As explained in the request for exemptions:
Currently, BVPS, Units 1 and 2 are on 18-month staggered
refueling cycles while PNPP and DBNPS are on 24-month refueling
cycles. Based on the applicable refueling cycle, PNPP and DBNPS
perform UFSAR updates approximately every 24 months while BVPS Units
1 and 2 perform updates approximately every 18 months. The exemption
will provide for a set calendar schedule for each of the Energy
Harbor Nuclear Corp. plants, which would allow more efficient
scheduling and allocation of resources to prepare and submit UFSAR
updates while remaining within the maximum allowed 24 months between
successive updates.
Effective March 1, 2024 (ML24057A092), the facility operating
licenses for BVPS, Units 1 and 2, DBNPS, Unit 1, and PNPP, Unit 1, were
transferred from Energy Harbor Nuclear Corp. (operator) to Vistra
Operations Company LLC (operator). The ownership of these units by
Energy Harbor Nuclear Generation LLC was not affected by the transfer.
Upon completion of this license transfer, VistraOps assumed the
responsibility for all licensing actions under NRC review at the time
of the transfer and requested that the NRC continue its review of these
actions (ML24054A498). VistraOps submitted a supplement to the
exemption requests on August 15, 2024 (ML24228A213).
III. Discussion
Pursuant to 10 CFR 50.12, the NRC may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR, part 50, including 10 CFR 50.71(e)(4) when: (1)
the exemptions are authorized by law, will not present an undue risk to
the public health or safety, and are consistent with the common defense
and security; and (2) special circumstances are present. Under 10 CFR
50.12(a)(2), special circumstances include, among other things, when
application of the specific regulation in the particular circumstances
would not serve, or is not necessary to achieve, the underlying purpose
of the rule.
A. The Exemptions Are Authorized by Law
In accordance with 10 CFR 50.12, the NRC may grant an exemption
from the requirements of 10 CFR part 50 if the
[[Page 78347]]
exemption is authorized by law. The proposed exemptions are authorized
by law as no other prohibition of law exists that would preclude the
activities that would be authorized by the exemptions. The NRC staff
has determined that granting the licensee's proposed exemptions will
not result in a violation of the Atomic Energy Act of 1954, as amended,
or the Commission's regulations. Therefore, the exemptions are
authorized by law.
B. The Exemptions Present No Undue Risk to Public Health and Safety
The proposed exemptions will not alter the manner in which changes
to the UFSAR are evaluated in that changes to the UFSAR will continue
to be reviewed through the existing applicable administrative and
programmatic control processes to ensure that UFSAR changes are
properly evaluated and implemented.
Licensees are required, in accordance with 10 CFR 50.71(e)(4), to
periodically submit their UFSARs and modifying the schedule for
periodic submittal does not alter plant design or operation. Therefore,
the exemptions do not present an undue risk to the public health and
safety.
C. The Exemptions Are Consistent With the Common Defense and Security
The proposed exemptions have no impact on the BVPS, Units 1 and 2,
DBNPS, and PNPP physical security plan or the ability to protect
special nuclear material at BVPS, Units 1 and 2, DBNPS, and PNPP.
Therefore, the exemptions are consistent with the common defense and
security.
D. Special Circumstances
In accordance with 10 CFR 50.12(a)(2)(ii), special circumstances
exist when compliance is not necessary to achieve the underlying
purpose of the rule. The underlying purpose of 10 CFR 50.71(e)(4) is to
ensure that licensees periodically submit their UFSARs to assure that
the UFSAR remains up to date while reflecting the plant design and
operation. Specifically, when the requirement to provide an UFSAR
update was first promulgated (May 9, 1980; 45 FR 30614), the Commission
explained that it was establishing the requirement ``to provide an
updated reference document to be used in recurring safety analyses
performed by the licensee, the Commission, and other interested
parties.'' That rule required updating on an annual basis. In a 1992
final rule that had the purpose of reducing regulatory burden on
licensees (August 31, 1992; 57 FR 39353), the Commission provided an
alternative to annual updating, in which licensees could provide
updates ``6 months after each refueling outage provided the interval
between successive updates to the FSAR does not exceed 24 months.'' In
a response to a comment suggesting that the FSAR update be decoupled
from the refueling cycle, the Commission explained in the final rule
(57 FR 39354), ``The majority of facility design changes reflected in
an updated FSAR are effected during the refueling outage. The use of
the refueling cycle interval provides for a current plant status
document that is coordinated with plant changes.''
As required by 10 CFR 50.71(e)(4) a maximum time of 24 months
between successive updates and the requirement to reflect changes to
the UFSAR up to a maximum of 6 months prior to the date of filing is
allowed. The processing and submittal of more frequent revisions to the
UFSAR, including all documents incorporated by reference, is not
necessary to achieve the underlying purpose of the rule. The BVPS,
Units 1 and 2, DBNPS, and PNPP routine UFSAR submittals will not exceed
the maximum 24 months between submission. Further, as noted in the
licensee's submittal dated August 15, 2024, the majority of facility
design changes reflected in the UFSAR for the affected reactors are no
longer effected during the refueling outage. Therefore, the submittals
will continue to contain timely updates to the NRC as required by 10
CFR 50.71(e)(4). Furthermore, tying the processing and submittal of the
UFSAR to the refueling cycle is not necessary to achieve the underlying
purpose of the rule as the majority of the facility design changes are
not implemented during refueling outages and therefore tying the UFSAR
submittal to the refueling cycle is not necessary to provide a current
plant status document coordinated with plant changes. Therefore,
special circumstances exist under 10 CFR 50.12(a)(2)(ii) in that
application of the requirements in these particular circumstances are
not necessary to achieve the underlying purpose of the rule.
E. Environmental Considerations
With respect to the impact of the exemptions on the quality of the
human environment, the NRC has determined that the issuance of the
exemptions discussed herein meets the eligibility criteria for
categorical exclusion from the requirement to prepare an environmental
assessment or environmental impact statement, set forth 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 10 CFR chapter I (which includes 10
CFR 50.71(e)(4)) is an action that is a categorical exclusion, provided
that certain specified criteria are met. 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 no significant hazards
consideration. The criteria for determining whether an action involves
a significant hazards consideration are found in 10 CFR 50.92. The
proposed action involves only a schedule change regarding the
submission of an update to the UFSAR. As set forth in that regulation,
there are no significant hazard considerations because granting the
exemptions would 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.
Requirements in 10 CFR 51.22(c)(25)(ii)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(ii)
that there is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite.
The proposed action involves only a schedule change, which is
administrative in nature, and does not involve any changes in the types
or increase in the amounts of any effluents that may be released
offsite.
Requirements in 10 CFR 51.22(c)(25)(iii)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(iii)
that there is no significant increase in individual or cumulative
public or occupational radiation exposure. Since the proposed action
involves only a schedule change, which is administrative in nature, it
does not contribute to any significant increase in individual or
cumulative public or occupational radiation exposures.
Requirements in 10 CFR 51.22(c)(25)(iv)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(iv)
that there is no significant construction impact. Since the proposed
action involves only a schedule change related to the timing for
submittal of UFSAR updates, which is administrative in nature, it does
not involve any construction impact.
[[Page 78348]]
Requirements in 10 CFR 51.22(c)(25)(v)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(v)
that there is no significant increase in the potential for or
consequences from radiological accidents. The proposed action involves
only a schedule change related to the timing for submittal of UFSAR
updates, which is administrative in nature and does not impact the
potential for or consequences from radiological accidents.
Requirements in 10 CFR 51.22(c)(25)(vi)
The exemption satisfies the criterion in 10 CFR 51.22(c)(25)(vi)(B)
and 51.22(c)(25)(vi)(G) because the requirements from which the
exemption is sought involve reporting and scheduling requirements,
specifically the required schedule for submittal of UFSAR updates to
the NRC pursuant to 10 CFR 50.71(e)(4).
Based on the above, the NRC staff concludes that the proposed
exemptions meet the eligibility criteria for the categorical exclusion
set forth in 10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR
51.22(b), no environmental impact statement or environmental assessment
need be prepared in connection with the NRC's issuance of these
exemptions.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the exemptions are 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, pursuant to 10 CFR
50.12(a)(2)(ii) are present. Therefore, the Commission hereby grants
VistraOps the following exemptions from the requirements of 10 CFR
50.71(e)(4) to allow VistraOps to file its periodic updates: to the
BVPS, Unit 1, UFSAR by May 31 of every even-numbered year, to the BVPS,
Unit 2, UFSAR by May 31 of every odd-numbered year, to the PNPP, Unit
1, UFSAR by September 30 of every odd-numbered year, and to the DBNPS,
Unit 1, UFSAR by September 30 of every even-numbered year, provided the
interval between successive updates does not exceed 24 months for each
unit.
The exemptions are effective upon issuance.
Dated: September 17, 2024.
For the Nuclear Regulatory Commission.
/RA/
Bo Pham,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2024-21856 Filed 9-24-24; 8:45 am]
BILLING CODE 7590-01-P
