POLICY ISSUE 

Notation Vote 

February 3, 2015 SECY-15-0018

FOR: The Commissioners 

FROM: Mark A. Satorius 

Executive Director for Operations 

SUBJECT: RENEWAL OF FULL-POWER OPERATING LICENSE FOR 

CALLAWAY PLANT, UNIT 1 

PURPOSE: 

This paper (1) informs the Commission of the results of the U.S. Nuclear Regulatory 

Commission (NRC) staff’s review of the license renewal application (LRA) (Ref. 1) submitted by 

Union Electric Company (doing business as Ameren Missouri), owner and operator of the 

Callaway Plant, Unit 1 (Calloway); and (2) requests that the Commission authorize the Director 

of the Office of Nuclear Reactor Regulation (NRR) to renew the operating license for Callaway 

for an additional 20 years. In the staff requirements memorandum for SECY-02-0088, “Turkey 

Point Nuclear Plant, Units 3 and 4, Renewal of Full-Power Operating Licenses,” dated 

June 5, 2002, the Commission authorized the Director of NRR to renew operating licenses 

without prior Commission authorization “for uncontested license renewal reviews.” The 

Callaway license renewal proceeding is a contested matter as new contentions filed on 

September 29, 2014, and December 8, 2014, are currently pending before the Commission. 

Accordingly, the staff requests Commission approval to issue the renewed license. This paper 

does not address any new commitments or resource implications. 

BACKGROUND: 

In a letter dated December 15, 2011, Ameren Missouri submitted an application (Ref. 1) to 

renew the operating license for Callaway in accordance with Title 10 of the Code of Federal 

Regulations (10 CFR) Part 51, “Environmental Protection Regulations for Domestic Licensing 

CONTACT: John W. Daily, NRR/DLR 

 301-415-3873
The Commissioners 2 

and Related Regulatory Functions,” and 10 CFR Part 54, “Requirements for Renewal of 

Operating Licenses for Nuclear Power Plants.” In its submittal, Ameren Missouri requested the 

renewal of Operating License No. NPF-30, which was initially issued under Section 103 of the 

Atomic Energy Act, for a period of 20 years beyond the current license expiration of midnight 

October 18, 2024.

Following the submittal of the Callaway LRA by Ameren Missouri, the staff initiated its 

environmental and safety reviews in accordance with NRC regulations. The staff completed the 

safety review and presented the resulting safety evaluation report (SER), “Safety Evaluation 

Report Related to the License Renewal of Callaway Plant, Unit 1,” to the Advisory Committee 

on Reactor Safeguards (ACRS) (Ref. 2). The staff determined that Ameren Missouri has taken, 

or will take, appropriate actions to manage the effects of aging during the period of extended 

operation as reflected in modifications to the licensing basis. Therefore, the staff found that 

there is reasonable assurance that the activities authorized by the renewed license will continue 

to be conducted in accordance with the current licensing basis for Callaway. 

The staff performed its environmental review of the Callaway LRA and issued the final 

supplemental environmental impact statement (SEIS) as NRC technical report NUREG-1437, 

“Generic Environmental Impact Statement for License Renewal of Nuclear Plants, 

Supplement 51, Regarding Callaway Plant,” on October 29, 2014 (Ref. 3). The SEIS concludes 

that adverse environmental impacts of license renewal for Callaway are not great enough to 

deny the option of license renewal for energy-planning decision makers. 

DISCUSSION: 

Staff Performance of Safety Review

The staff performed its safety review of the Callaway LRA in accordance with 10 CFR Part 54 

using the guidance in NUREG-1800, Revision 2, “Standard Review Plan for Review of License 

Renewal Applications for Nuclear Power Plants,” issued December 2010. The staff issued the 

SER with open items in April 2013 (Ref. 4) and issued the final SER, “Safety Evaluation Report 

Related to the License Renewal of Callaway Plant, Unit 1,” in August 2014 (Ref. 2). The SER 

presents the conclusions of the staff’s review and documents the results of the scoping and 

screening, aging management programs, and time-limited aging analyses in accordance with 

the requirements of 10 CFR Part 54. The staff concluded that Ameren Missouri meets the 

standards for issuance of a renewed license as set by 10 CFR 54.29, “Standards for Issuance 

of a Renewed License.” 

To support the review of the Callaway LRA, Region IV conducted an inspection at Callaway in 

accordance with Inspection Manual Chapter 2516, “Policy and Guidance for the License 

Renewal Inspection Program,” and Inspection Procedure 71002, “License Renewal Inspection.” 

The results of this inspection were presented in a memorandum dated July 1, 2014 (Ref. 5). 

The inspection verified that the contents of the application, the aging management programs, 

the implementation of activities required before the period of extended operation, and other 

activities related to the license renewal of Callaway are in substantial agreement with docketed 

commitments and regulatory requirements, and that there is reasonable assurance that the 

facility’s aging management programs provide an adequate foundation for renewing the 

Callaway license. 
The Commissioners 3 

On May 22, 2014, the staff briefed the ACRS subcommittee about the staff’s safety review for 

the Callaway license renewal. The staff briefed the ACRS full committee on the final SER on 

October 2, 2014. The staff discussed open items, issues, resolutions, and resulting 

commitments during these briefings. 

On October 14, 2014, the ACRS issued its “Report on the Safety Aspects of the License 

Renewal Application of the Callaway Plant, Unit 1.” The ACRS concluded that (on the basis of 

its review of the Callaway LRA, the SER, and its discussions during the ACRS briefing) the 

programs established and committed to by Ameren Missouri to manage aging-related 

degradation provide reasonable assurance that Callaway can be operated in accordance with 

its current licensing basis for the period of the extended operation without undue risk to public 

health and safety. The ACRS also concluded that the application for the renewal of the 

Callaway operating license should be approved. 

Accordingly, the staff finds that there is reasonable assurance that the activities authorized by 

the renewed license will continue to be conducted safely in accordance with the current 

licensing basis for Callaway. 

Staff Performance of Environmental Review

The staff performed its environmental review of the Callaway LRA in accordance with 

10 CFR Part 51 using the guidelines described in NUREG-1555, “Standard Review Plans for 

Environmental Reviews for Nuclear Power Plants,” issued March 2000, and its Supplement 1, 

“Operating License Renewal,” Revision 1, issued June 2013. 

On February 24, 2012, the staff published a notice of intent to prepare a SEIS and conduct 

scoping, thus initiating a 60-day scoping period. The SEIS prepared by the staff for the 

plant-specific review is a supplement to the Generic Environmental Impact Statement, 

NUREG-1437 that was codified in 10 CFR Part 51 for license renewal. The SEIS for Callaway is 

Supplement 51 to NUREG-1437. The staff held two public scoping meetings on March 14, 2012, 

in Fulton, Missouri. The staff reviewed the comments received during scoping, reviewed related 

documents, and consulted with other Federal, State, and local agencies. On February 12, 2014, 

the staff issued its draft of the SEIS for Callaway, which contained the preliminary results of the 

staff's evaluation and recommendation. 

With the publication of the U.S. Environmental Protection Agency’s notice of filing of the draft 

SEIS, the NRC initiated a 45-day public comment period on the preliminary results of the staff's 

review. During this comment period, two public meetings took place in Fulton, Missouri, on 

March 19, 2014. At these meetings, the staff described the approach and the results of the 

NRC environmental review and answered questions from the public. The comment period for 

the draft SEIS ended on April 7, 2014. The staff evaluated the comments received on the draft 

SEIS and completed its analysis, considering and weighing the environmental effects of the 

proposed action, the environmental impacts of alternatives to the proposed action, and the 

alternatives available for reducing or avoiding adverse effects. The NRC issued the final 
The Commissioners 4 

version of the SEIS for Callaway on October 29, 2014 (Ref. 3). As discussed in Section 9.4 of 

the SEIS, the NRC staff’s recommendation is that the adverse environmental impacts of 

Callaway license renewal are not great enough to deny the option of license renewal for 

energy-planning decision makers. This recommendation was based on all of the following: 

• The analysis and findings in NUREG-1437; 

• The Environmental Report submitted by Ameren Missouri in conjunction with the 

Callaway LRA; 

• Consultation with other Federal, State, and local agencies; 

• The staff's own independent review; 

• The staff’s consideration of public comments received. 

Hearings, Petitions, and Adjudicatory Requests

Several requests for hearings, motions, and adjudicatory review were filed in the course of the 

staff’s review of the Callaway LRA. 

The first of two requests for hearing and petition for leave to intervene related to the Callaway 

proceeding was filed in response to the Federal Register notice published on 

February 16, 2012. On April 24, 2012, Missouri Coalition for the Environment (MCE) filed three 

contentions related to the National Environmental Policy Act (NEPA), petitioning, in essence, 

that (a) the Environmental Report lacked information regarding Ameren Missouri’s plans to 

modify Callaway in response to post-Fukushima requirements, (b) that the Environmental 

Report failed to provide information regarding the status of Ameren Missouri’s compliance with 

post-Fukushima orders and requests for information, and (c) the Environmental Report 

dismissed and refused to consider relative merits of wind energy as an alternative to its 

proposed license renewal request. In its ruling LBP-12-15, dated July 17, 2012, the Atomic 

Safety and Licensing Board (ASLB) ruled that the three contentions were each inadmissible for 

failure to raise an issue material to the findings the NRC must make in the license renewal 

action, raising issues outside of the scope of the proceeding, failure to show a genuine dispute 

existed with respect to a material issue of law or fact, and failure to submit adequate factual or 

expert support for a proposed contention. 

In a second filing dated July 9, 2012, MCE submitted a separate proposed contention, claiming 

that Ameren Missouri’s license renewal application Environmental Report was required by 

NEPA to include a discussion of the environmental impacts of spent fuel pool leakage, spent 

fuel pool fires, and the lack of a spent fuel repository. MCE claimed this was required by the 

decision of the U. S. Court of Appeals for the District of Columbia Circuit in New York v. NRC, 

681 F 3d 471 (D.C. Cir. 2012). The ASLB held that contention in abeyance pending further 

Commission direction, in compliance with the Commission’s order dated August 7, 2012 

(CLI-12-16). In a ruling dated August 26, 2014, the Commission adopted the continued storage 

rule and ordered the ASLB “to reject the contentions pending before [it], consistent with our 

decision today” (CLI-14-08). On September 8, 2014, the ASLB acted in accordance with those
The Commissioners 5 

orders, denied MCE’s contention, closed the record, and terminated the proceeding before it 

(LBP-14-12). 

In a filing dated September 29, 2014, MCE and a number of other petitioners petitioned the 

ASLB to reopen proceedings, suspend final decisions in a number of licensing proceedings, 

including Callaway, and admit new contentions, claiming that the NRC’s final rule (issued 

September 29, 2014) on continued storage and the supporting generic environmental impact 

statement does not make “valid findings of confidence or reasonable assurance that the 

hundreds of tons of highly radioactive spent fuel that will be generated during any reactor’s 

license term can be safely disposed of in a repository.” In an order dated October 7, 2014, the 

Commission exercised its supervisory authority to review the petitions and motions itself 

(CLI-14-09), and established a schedule for responses, motions, and replies to be filed to the 

Commission. These petitions and motions are pending before the Commission. 

In a filing to the Federal Appeals Court for the District of Columbia Circuit, the states of New 

York, Connecticut, and Vermont petitioned for review of the NRC’s continued storage rule, the 

associated generic environmental impact statement (GEIS), and the Commission’s order 

CLI-14-08, dated August 26, 2014. The petitioners asked the court to review the actions and 

final agency rule, vacate them, and remand the issues back to the NRC. 

Finally, on December 8, 2014, MCE submitted a motion to reopen the Callaway proceeding and 

admit a new contention challenging the Callaway final SEIS because it incorporated “the generic 

conclusions of the Continued Spent Fuel Storage Rule and GEIS.” (Ref. 6) The petition and 

the motion are pending before the Commission. 

The NRC can issue a renewed operating license to Callaway prior to resolution of appeals and 

pending contentions. CLI-08-13, Amergen Energy Company, LLC (Oyster Creek Nuclear 

Generating Station), p. 5; Nuclear Power Plant License Renewal, Final Rule, 56 Fed. Reg. 

64,943, 64,964 (Dec. 13, 1991) (Ref.7). In accordance with 10 CFR 54.31(c), if a renewed 

license is subsequently set aside on appeal, the previous operating license would be reinstated. 

For Callaway, this would mean reverting to the current license which is effective until 

October 18, 2024. 

Conclusion

Based on a review of the Callaway LRA submitted by Ameren Missouri, the staff finds that there 

is sufficient basis to support the option of license renewal from an environmental perspective. 

The staff also finds that there is reasonable assurance that the activities authorized by the 

renewed license will continue to be conducted safely in accordance with the current licensing 

basis for Callaway. 

RECOMMENDATION: 

The staff recommends that the Commission authorize the Director of NRR to renew the 

operating license for Callaway upon making the appropriate findings on safety and 

environmental matters. 
The Commissioners 6 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objections. 

 /RA/ 

 Mark A. Satorius 

 Executive Director 

 for Operations 

Enclosure: 

Reference List 
The Commissioners 6 

 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objections. 

 /RA/ 

 

 Mark A. Satorius 

 Executive Director 

 for Operations 

Enclosure: 

Reference List 

Accession Number: ML14321A700 *Concurred via e-mail 

OFFICE PM:RPB1:DLR LA:RPB1:DLR* BC:RPB1:DLR Tech Editor* PM:RPB2:DLR

NAME JDaily YEdmonds YDiaz-Sanabria CHsu TTran 

DATE 11/19/14 11/19/14 12/15/14 11/18/14 12/15/14 

OFFICE BC:RPB2:DLR* OGC (NLO)* D:DLR D:NRR EDO 

NAME BWittick BMizuno CMiller WDean MSatorius 

DATE 12/15/14 1/5/15 1/6/15 1/15/15 2/03 /15 

OFFICIAL RECORD COPY
REFERENCES

(1) “Callaway Plant Unit 1, License Renewal Application,” December 15, 2011. (Agencywide 

Documents Access and Management System (ADAMS) Accession No. ML113530372).

(2) “Safety Evaluation Report Related to the License Renewal of Callaway Plant Unit 1,” 

August 2014. (ADAMS Accession No. ML14232A380). 

(3) NUREG-1437, “Generic Environmental Impact Statement for License Renewal of 

Nuclear Plants, Supplement 51, Regarding Callaway Plant,” Final Report, October 2014. 

(ADAMS Accession No. ML14289A140). 

(4) “Safety Evaluation Report with Open Items Related to the License Renewal of Callaway 

Plant Unit 1,” April 2013. (ADAMS Accession No. ML13086A224). 

(5) Memorandum, Marc Dapas to Dan Dorman, “Callaway Plant, Unit 1 License Renewal 

Application,” July 1, 2014. (ADAMS Accession No. ML14183A021). 

(6) Missouri Coalition for the Environment’s Hearing Request and Petition to Intervene in 

License Renewal Proceeding for Callaway Nuclear Power Plant, filed December 8, 2014 

(ML14342B010). 

(7) Nuclear Power Plant License Renewal, Final Rule, 56 Fed. Reg. 64,943 (Dec. 13, 1991).