[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73883-73886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23766]



[[Page 73883]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353; NRC-2023-0182]


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

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is considering issuance of an amendment to Renewed Facility Operating 
License Nos. NPF-39 and NPF-85, issued to Constellation Energy 
Generation, LLC, for operation of the Limerick Generating Station, 
Units 1 and 2 (Limerick). The amendment would make changes to technical 
specifications (TS) affecting postulated accidents during cold shutdown 
and refueling operations and make temporary changes to the Limerick TS 
related to anticipated transients without scram (ATWS) mitigation 
systems during power production operation.

DATES: Submit comments by November 27, 2023. Request for a hearing or 
petitions for leave to intervene must be filed by December 26, 2023.

ADDRESSES: You may submit comments by any of the following methods 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
    <bullet> Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0182. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#c99abda8aab0e79aaaa1bca4a8a7a789a7bbaae7aea6bf"><span class="__cf_email__" data-cfemail="66351207051f4835050e130b0708082608140548010910">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Nicholas Smith, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2509; email: <a href="/cdn-cgi/l/email-protection#cf81a6aca7a0a3aebce19ca2a6bba78fa1bdace1a8a0b9"><span class="__cf_email__" data-cfemail="6927000a010605081a473a04001d0129071b0a470e061f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0182 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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0182.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#530317017d0136203c26213036133d21307d343c25"><span class="__cf_email__" data-cfemail="9dcdd9cfb3cff8eef2e8effef8ddf3effeb3faf2eb">[email protected]</span></a>. 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.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#39697d6b176b5c4a564c4b5a5c79574b5a175e564f"><span class="__cf_email__" data-cfemail="99c9ddcbb7cbfceaf6ecebfafcd9f7ebfab7fef6ef">[email protected]</span></a> 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.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0182 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility 
Operating License Nos. NPF-39 and NPF-85, issued to Constellation 
Energy Generation, LLC, for operation of the Limerick Generating 
Station, Units 1 and 2, located in Montgomery County, Pennsylvania.
    In accordance with section 50.90 of title 10 of the Code of Federal 
Regulations (10 CFR) ``Application for amendment of license, 
construction permit, or early site permit,'' Constellation Energy 
Generation, LLC (Constellation) requests an amendment to Appendix A, 
``Technical Specifications'' of Renewed Facility Operating License Nos. 
NPF-39 and NPF-85 for Limerick Generating Station, Units 1 and 2, 
(Limerick) respectively. The proposed TS changes will establish 
consistency with the Limerick accident analysis and the plant design 
and support the installation of a digital modification at Limerick 
during upcoming refueling outages. The proposed Limerick TS changes 
will temporarily modify TS requirements affecting the mitigation of 
ATWS events during power production operations, for example, removing 
the automatic activation of the recirculating pumps for a period of 30 
days prior to the refueling outage. The TS requirements for ATWS 
systems to remain operational and conduct surveillance on automatic 
activation systems during cold shutdown and refueling operations is 
temporarily removed so that the systems can be converted from analog to 
digital. Constellation has evaluated whether a significant hazards 
consideration is involved with the proposed amendment by focusing on 
the three conditions set forth in 10 CFR 50.92, ``Issuance of 
amendment,'' as discussed in the question responses.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration (NSHC). 
Under the NRC's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1)

[[Page 73884]]

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. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of NSHC, as modified by NRC staff shown in square brackets, 
which is presented as follows:
    1. Does the proposed change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    [For changes related to cold shutdown and refuel operations]
    The proposed changes revise TS requirements, actions, and testing 
during cold shutdown and refueling to be consistent with the accident 
analysis and the plant design. The proposed changes do not change any 
of the previously evaluated accidents in the Updated Final Safety 
Analysis Report (UFSAR). None of the accidents previously evaluated in 
[cold shutdown or refueling] assume a concurrent loss of offsite power 
or automatic ECCS [emergency core cooling system] initiation. None of 
the accidents previously evaluated in [cold shutdown and refueling] 
assume automatic starting of a diesel generator or automatic sequencing 
of loads on the emergency busses. None of the accidents previously 
evaluated in [cold shutdown or refueling] assume a manual reactor scram 
during refueling. None of the accidents previously evaluated assume the 
reactor equipment interlocks are engaged with the reactor mode switch 
in Shutdown. Therefore, elimination of these requirements from the TS 
will have no effect on the likelihood of an accident previously 
evaluated nor their mitigation. Elimination of the requirement to 
suspend core alterations with no operable ECCS subsystem in [cold 
shutdown or refueling] will not affect the initiation of a draining 
event nor its mitigation.
    [For changes related to power production operations]
    The proposed changes establish a one-time Anticipated Transient 
Without Scram Recirculation Pump Trip (ATWS-RPT) LCO [limiting 
condition for operation] Applicability condition where ATWS-RPT is not 
required for 30 days under certain plant operational constraints for 
both channels of ATWS-RPT instrumentation, as well as the applicability 
and surveillance requirements for the associated Standby Liquid Control 
System (SLCS) and the Reactor Water Cleanup (RWCU) isolation 
instrumentation. The ATWS-RPT instrumentation, the SLCS, and RWCU 
instrumentation are mitigative systems and components. As such, the 
proposed changes do not impact any accident or event precursors. The 
probability of an ATWS event occurring does not increase due to this 
proposed change.
    Therefore proposed change[s related to power production operations] 
do not involve a significant increase in the probability of an accident 
previously evaluated.
    The consequences of the ATWS are not increased since the plant will 
be operating at a reduced power level [with operational constraints] 
during the 30 days when ATWS-RPT system is inoperable. The most severe/
limiting ATWS events are initiated by a pressurization transient. With 
SCRAM failure, a pressurization transient can result in a large power 
spike which may be significantly higher than rated power. The large 
increase in power exacerbates vessel pressurization.
    [. . .]
    [Based on the plant operating at a lower power state with 
operational constraints, and proposed risk mitigation actions being 
adopted as compensatory measures, there will be no increase in 
consequences of this type of event. If the mitigation of an ATWS at 
full power is comparable to that of the ATWS at this lower power state, 
with the proposed compensatory measures, then there is no significant 
increase to the consequences of the systems being changed.]
    Therefore, proposed change[s related to ATWS mitigation systems in 
power production operations] [will] not involve a significant increase 
in the consequences of an accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    [For changes related to cold shutdown and refuel operations]
    The proposed changes revise TS requirements, actions, and testing 
during cold shutdown and refueling to establish consistency with the 
accident analysis and the plant design. The proposed changes do not 
change the assumed design functions of the affected systems in the 
applicable [cold shutdown and refuel operations]. The proposed changes 
do not create any credible new accidents as the associated initiating 
events, such as loss of power and a draining event, are already 
considered in the licensing basis.
    [For changes related to power production operations]
    The proposed changes establish a one-time ATWS-RPT LCO 
Applicability condition where ATWS-RPT is not required for 30 days 
under certain plant operational constraints for both channels of ATWS-
RPT instrumentation, as well as the applicability and surveillance 
requirements for the associated SLCS and the RWCU isolation 
instrumentation. These changes impact a mitigating system for an 
existing transient. As such, the unavailability of this mitigation 
system would not be considered an initiator of a new or different kind 
of accident.
    Therefore, the proposed changes do not create the possibility of a 
new or different kind of accident from any previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    [For changes related to cold shutdown and refuel operations]
    The proposed changes revise TS requirements, actions, and testing 
during cold shutdown and refueling to be consistent with the accident 
analysis. The proposed changes do not affect the analysis of any 
accident or event in the plant's licensing basis. The proposed changes 
do not alter any design basis or safety limit, or any controlling 
numerical values for parameters established in the UFSAR or the 
license.
    [For changes related to power production operations]
    Based on a deterministic sensitivity analysis of the ATWS AOR 
[abnormal occurrence report], the proposed changes will not cause a 
significant reduction in the margin of safety provided that the plant 
is operated at a reduced thermal power level.
    The use of available safety related and non-safety related 
equipment during the 30-day RRCS [Redundant Reactivity Control System] 
demolition period, at a reduced power level [with operational 
constraints], will continue to protect the fuel, reactor, and 
containment from failure during a postulated ATWS event. The fuel 
cladding barrier is protected via adequate cooling and SLCS injection. 
The reactor coolant system boundary is protected by ensuring compliance 
with the ASME emergency class pressure limit of 120% of design 
pressure. The containment is protected by ensuring the suppression pool 
pressure and temperature limits are met. Thus, there is no need for any 
reduction in the margin of safety established in the [Limerick] design 
and licensing basis for the primary fission product barriers.

[[Page 73885]]

    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.
    Based on the above, Constellation concludes that the proposed 
amendments do not involve a significant hazards consideration under the 
standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of 
no significant hazards consideration is justified.
    The NRC staff has reviewed the licensee's analysis, as modified by 
the NRC staff, and based on this review, the three standards of 10 CFR 
50.92(c) are satisfied. Therefore, the NRC staff proposes to determine 
that the license amendment request involves a NSHC.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 60-day notice period. However, if circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the notice period, provided that its final determination is that the 
amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. If 
the Commission takes action prior to the expiration of either the 
comment period or the notice period, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, the Commission 
may issue the amendment and make it immediately effective, 
notwithstanding the request for a hearing. Any hearing would take place 
after issuance of the amendment. If the final determination is that the 
amendment request involves a significant hazards consideration, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website at 
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#571f3236253e3930791338343c32231739253479303821"><span class="__cf_email__" data-cfemail="4b032e2a3922252c650f2428202e3f0b253928652c243d">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or

[[Page 73886]]

their counsel or representative) must apply for and receive a digital 
ID certificate before adjudicatory documents are filed to obtain access 
to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#e5a8b6ada1cbb780968a90978680a58b9786cb828a93"><span class="__cf_email__" data-cfemail="e5a8b6ada1cbb780968a90978680a58b9786cb828a93">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated February 17, 2023 (ADAMS 
Accession No. ML23052A023), as supplemented on July 21, 2023 (ADAMS 
Accession No. ML23202A219), July 31, 2023 (ADAMS Accession No. 
ML23212B105), and August 16, 2023 (ADAMS Accession No. ML23228A094).
    Attorney for licensee: Jason Zorn, Associate General Counsel, 
Constellation Energy Generation, LLC, 101 Constitution Ave. NW, Suite 
400 East, Washington, DC 20001.
    NRC Branch Chief: Hipolito J. Gonzalez.

    Dated: October 24, 2023.

    For the Nuclear Regulatory Commission.
Hipolito J. Gonzalez,
Chief, Plant Licensing Branch I, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-23766 Filed 10-26-23; 8:45 am]
BILLING CODE 7590-01-P


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