[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83172-83174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26138]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 99902056; NRC-2023-0186]


Tennessee Valley Authority; Clinch River Nuclear Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to an August 17, 2023, request from Tennessee 
Valley Authority from certain requirements of NRC regulations 
pertaining to the submission of a construction permit application.

DATES: The exemption was issued on November 21, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0186 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:
    <bullet> Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0186. Address 
questions about Docket IDs to Stacy Schumann; telephone: 301-415-0624; 
email: <a href="/cdn-cgi/l/email-protection#e1b295808298cfb28289948c808f8fa18f9382cf868e97"><span class="__cf_email__" data-cfemail="36654257554f1865555e435b5758587658445518515940">[email protected]</span></a>. For technical questions, contact the 
individual listed in the For Further Information Contact section of 
this document.
    <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#edbda9bfc3bf889e82989f8e88ad839f8ec38a829b"><span class="__cf_email__" data-cfemail="0e5e4a5c205c6b7d617b7c6d6b4e607c6d20696178">[email protected]</span></a>. The NRC's response letter to TVA 
on the request for exemption from certain requirements of paragraph 
2.101(a)(5) of title 10 of the Code of Federal Regulations (10 CFR) and 
NRC's supporting safety evaluation are available in ADAMS under 
Accession Nos. ML23045A008 and ML23114A098, respectively.
    <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#742430265a2611071b01061711341a06175a131b02"><span class="__cf_email__" data-cfemail="e1b1a5b3cfb384928e94938284a18f9382cf868e97">[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.

FOR FURTHER INFORMATION CONTACT: Allen Fetter, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-8556; email: <a href="/cdn-cgi/l/email-protection#60210c0c050e4e260514140512200e12034e070f16"><span class="__cf_email__" data-cfemail="04456868616a2a426170706176446a76672a636b72">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: November 21, 2023.
Brian W. Smith,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 99902056

Tennessee Valley Authority Clinch River Nuclear Site, Construction 
Permit Application Submittal Exemption

I. Background

    Tennessee Valley Authority (TVA) is currently the holder of an 
early site permit (ESP) for the Clinch River Nuclear (CRN) Site in Oak 
Ridge, Tennessee. ESP-006 was issued to TVA on December 19, 2019 
(Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML1919352D341). Prior to the issuance of ESP-006, the NRC prepared 
a final environmental impact statement (FEIS) to support the agency's 
licensing decision. Subsequently, TVA completed a programmatic 
environmental impact statement (PEIS) for the CRN Site Advanced Nuclear 
Reactor Technology Park (published in the Federal Register on July 29, 
2022). TVA intends to submit a construction permit (CP) application for 
a license to construct a small modular reactor (SMR) at the CRN Site 
and intends to submit the CP application in two parts, in accordance 
with the provisions of Title 10 of the Code of Federal Regulations 
2.101(a)(5). Because of the extent and recency of environmental 
information gathered for the ESP and the PEIS at the CRN site, TVA 
anticipates the CP application environmental report (ER) could be 
available for submittal in advance of the preliminary safety analysis 
report (PSAR).

II. Request/Action

    TVA submitted an exemption request to the NRC via a letter on 
August 17, 2023, titled ``Request for Exemption from Certain 
Requirements of 10 CFR 2.101(a)(5),'' (ML23229A569). Specifically, TVA 
requested an exemption from the portion of 10 CFR 2.101(a)(5) which 
states, ``[w]hichever part [of the application] is filed first shall 
also include the fee required by Sec. Sec.  50.30(e) and 170.21 of this 
chapter and the information required by Sec. Sec.  50.33, 50.34(a)(1), 
or 52.79(a)(1), as applicable, and Sec.  50.37 of this chapter.'' TVA 
specifically requests that the information required by 10 CFR 
50.34(a)(1) (i.e., a portion of the PSAR) be deferred to the second 
part of the submittal. TVA intends to submit the ER required by 10 CFR 
50.30(f) as the first part of the CP application, preceding the portion 
of the PSAR required by 10 CFR 50.34(a)(1), which would be submitted as 
the second part of the CP application.

III. Discussion

    The requirements of both parts of a two-part application are 
delineated in 10 CFR 2.101(a)(5), which states that ``[o]ne part shall 
be accompanied by the information required by 10 CFR 50.30(f) [ER],'' 
while ``[t]he other part shall include information required by 10 CFR 
50.34(a) [PSAR] and, if applicable, 10 CFR 50.34a.''
    In addition to these requirements, 10 CFR 2.101(a)(5) also requires 
that whichever part is filed first shall contain the following as part 
of the submittal:
    <bullet> the filing fee required by 10 CFR 50.30(e) and 10 CFR 
170.21;
    <bullet> the general information required by 10 CFR 50.33;

[[Page 83173]]

    <bullet> the portion of the PSAR required by 10 CFR 50.34(a)(1); 
and
    <bullet> the agreement limiting access to Classified Information 
required by 10 CFR 50.37.
    TVA requested an exemption from the requirement to submit the 
portion of the PSAR required by 10 CFR 50.34(a)(1) with the first part 
of the application. TVA intends to submit the ER required by 50.30(f) 
as the first part of the CP application and the PSAR required by 10 CFR 
50.34(a) as the second part of the CP application. TVA states there 
will be no more than six months between submittals.
    TVA proposes to submit the following information in the first part 
of the CP application:
    <bullet> the filing fee required by 10 CFR 50.33(e) and 10 CFR 
170.21;
    <bullet> the general information required by 10 CFR 50.33;
    <bullet> the agreement limiting access to Classified Information 
required by 10 CFR 50.37; and
    <bullet> the ER required by 10 CFR 50.30(f).
    TVA proposes to submit the following information in the second part 
of the CP application:
    <bullet> the PSAR required by 10 CFR 50.34(a); and information 
required by 10 CFR 50.34a(a) and (b).
    Because the staff's review of an ER can be done independently from 
the review of a PSAR, the staff finds that there are no issues 
associated with the ER coming to NRC up to six months before the PSAR. 
The ER, however, would need to contain all the necessary safety-related 
information for the NRC staff to prepare an environmental impact 
statement (EIS), as required by 10 CFR 51.41 and as described in 
Regulatory Guide 4.2 and NUREG-1555. The information subsequently 
provided in the PSAR would also need to be consistent with the 
information provided in the ER as any discrepancies could potentially 
impact the staff's environmental review.
    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

    The proposed exemption would not result in a violation of the 
Atomic Energy Act of 1954, as amended, or the Commission's regulations. 
Therefore, the exemption is authorized by law.

B. The Exemption Presents No Undue Risk to Public Health and Safety

    The submittal of an application and the NRC review of said 
application and preparation of a final EIS and a final safety 
evaluation report (FSER) are administrative actions. Therefore, 
exempting TVA from certain application submission requirements under 10 
CFR 2.101(a)(5) does not present an undue risk to public health and 
safety. A CP allowing for the construction of a nuclear power plant 
cannot be issued by the Commission until the staff completes their 
review of the entire CP application and issues the FEIS and final 
safety evaluation report (FSER), irrespective of whether the CP 
application is submitted in two parts and regardless of which part of 
the application is filed first.

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

    The order and timing of submittal of parts of a CP application has 
no relation to security issues. Therefore, the common defense and 
security is not affected by this exemption.

D. Special Circumstances

    In accordance with 10 CFR 50.12(a)(2), the NRC will not consider 
granting an exemption to its regulations unless special circumstances 
are present. As stipulated in 10 CFR 50.12(a)(2)(ii), special 
circumstances are present whenever application of the regulation in 
particular circumstances would not serve the underlying purpose of the 
rule or is not necessary to achieve the underlying purpose of the rule. 
The underlying purpose of 10 CFR 2.101(a)(5) is to facilitate the 
application submittal process for CP applicants and reduce the time 
required to bring online nuclear power plants which satisfy all safety 
and environmental requirements (73 FR 20963, 20970; April 17, 2008). 
TVA has indicated that, without the requested exemption, their CP 
application development and submittal process could be potentially 
delayed such that the application of the rule would not serve the 
underlying purpose of facilitating the application process.
    Therefore, because the application of the relevant portions of 10 
CFR 2.101(a)(5) is not necessary to achieve the underlying purpose of 
the rule, the special circumstances requirement in 10 CFR 50.12 for the 
granting of an exemption from 10 CFR 2.101(a)(5) is met.

E. Environmental Considerations

    The NRC has determined that the issuance of the requested exemption 
meets the provisions of the categorical exclusion in 10 CFR 
51.22(c)(25). Under 10 CFR 51.22(c)(25), the granting of an exemption 
from the requirements of any regulation of Chapter 10 qualifies as a 
categorical exclusion if: (i) there is no significant hazards 
consideration; (ii) there is no significant change in the types or 
significant increase in the amounts of any effluents that may be 
released offsite; (iii) there is no significant increase in individual 
or cumulative public or occupational radiation exposure; (iv) there is 
no significant construction impact; (v) there is no significant 
increase in the potential for or consequences from radiological 
accidents; and (vi) the requirements from which an exemption is sought 
involves one of several matters, including scheduling requirements 
(Sec.  51.22(c)(25)(iv)(G)). The basis for NRC's determination is 
provided in the following evaluation of the requirements in 10 CFR 
51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i)
    To qualify for a categorical exclusion under 10 CFR 
51.22(c)(25)(i), the exemption must involve a no significant hazards 
consideration. The criteria for making a no significant hazards 
consideration determination are found in 10 CFR 50.92(c). The NRC has 
determined that the granting of the exemption request involves no 
significant hazards consideration because the exemption involves 
administrative filing requirements. The exemption would allow the 
information required for the first part of the CP application under 10 
CFR 2.101(a)(5) to be deferred to the second part of the submittal. As 
such, the exemption 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 involves administrative filing requirements. The 
exemption would allow the information required for the first part of 
the CP application under 10 CFR 2.101(a)(5) to be deferred to the 
second part of the submittal. As such, the exemption is

[[Page 83174]]

administrative in nature, 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 involves administrative filing requirements. The 
exemption would allow the information required for the first part of 
the CP application under 10 CFR 2.101(a)(5) to be deferred to the 
second part of the submittal. As such, the exemption 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), the exemption must be from certain requirements only. 
Subsection (c)(25)(vi)(G) allows scheduling requirements to be subject 
to a categorial exclusion. The exemption involves scheduling 
requirements because it involves administrative filing requirements. 
The exemption would allow the information required for the first part 
of the CP application under 10 CFR 2.101(a)(5) to be deferred to the 
second part of the submittal. 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 granting of this exemption request.

IV. Conclusion

    Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12, 
this 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 
applicant a one-time exemption from the specific requirement of 10 CFR 
2.101(a)(5) to file a portion of the PSAR as part of the first 
submittal in the two-part application submittal process. The decision 
to issue TVA this exemption does not constitute approval of the CP 
application TVA intends to submit. The NRC staff will determine if the 
application is sufficient for docketing and the application would be 
reviewed using established NRC license review processes and standards. 
The complete application must meet all applicable regulatory 
requirements before a CP is issued by NRC.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 21st day of November 2023.

    For the Nuclear Regulatory Commission.
Brian W. Smith,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2023-26138 Filed 11-27-23; 8:45 am]
BILLING CODE 7590-01-P


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