Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices 76515 

Dated: September 12, 2024. 

For the Nuclear Regulatory Commission. 

David Wrona, 

Chief, Plant Licensing Branch II–2, Division 

of Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation. 

[FR Doc. 2024–21153 Filed 9–17–24; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–445 and 50–446; NRC– 

2024–0156] 

Vistra Operations Company LLC; 

Comanche Peak Nuclear Power Plant, 

Unit Nos. 1 and 2; Exemption 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is granting an 

exemption in response to a request from 

Vistra Operations Company LLC (the 

licensee), submitted by letter dated 

August 24, 2023, as supplemented by 

letter dated August 15, 2024, seeking 

exemption from specific regulations that 

require periodic updates of the 

Comanche Peak Nuclear Power Plant, 

Unit Nos. 1 and 2, Updated Final Safety 

Analysis Report. 

DATES: The exemption was issued on 

September 11, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0156 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–2024–0156. 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 request for 

the exemption was submitted by letter 

dated August 24, 2023, as supplemented 

by letter dated August 15, 2024 

(ADAMS Accession Nos. ML23236A605 

and ML24228A186, respectively). 

• 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 PDR.Resource@nrc.gov 

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: 

Samson Lee, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–415–3168; email: 

Samson.Lee@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: September 13, 2024. 

For the Nuclear Regulatory Commission. 

Samson Lee, 

Senior Project Manager, Plant Licensing 

Branch 4, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

Attachment—Exemption 

NUCLEAR REGULATORY 

COMMISSION 

Docket Nos. 50–445 and 50–446 

Vistra Operations Company LLC 

Comanche Peak Nuclear Power Plant, 

Unit Nos. 1 and 2 Exemption 

I. Background 

Vistra Operations Company LLC 

(Vistra OpCo, the licensee) is the holder 

of Renewed Facility Operating License 

Nos. NPF–87 and NPF–89, for the 

Comanche Peak Nuclear Power Plant, 

Unit Nos. 1 and 2 (Comanche Peak), 

respectively. The licenses provide, 

among other things, that the licensee is 

subject to all rules, regulations, and 

orders of the U.S. Nuclear Regulatory 

Commission (NRC, the Commission) 

now or hereafter in effect. These 

facilities consist of two pressurized 

water reactors located in Somervell 

County, Texas. 

II. Request/Action 

In accordance with 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, that ‘‘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 August 24, 

2023 (Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML23236A605), as 

supplemented by letter dated August 15, 

2024 (ML24228A186), Vistra OpCo 

requested that the due date for submittal 

of the Comanche Peak UFSAR be by 

July 31 of every odd-numbered year, 

provided the interval between 

successive updates does not exceed 24 

months. 

III. Discussion 

Pursuant to 10 CFR 50.12, ‘‘Specific 

exemptions,’’ the NRC may, upon 

application by any interested person or 

upon its own initiative, grant 

exemptions from the requirements of 10 

CFR part 50, ‘‘Domestic Licensing of 

Production and Utilization Facilities,’’ 

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 and 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, whenever 

application of the regulation in the 

particular circumstances would not 

serve, or is not necessary to achieve, the 

underlying purpose of the rule. 

A. The Exemption Is Authorized by Law 

The regulation at 10 CFR 50.71(e)(4) 

requires revisions to UFSARs to be filed 

annually or 6 months after each 

refueling outage, provided the interval 

between successive updates does not 

exceed 24 months. The underlying 

purpose of the regulation is to ensure 

that the licensee periodically updates its 

UFSAR so that the UFSAR remains upto-date and accurately reflects the plant 

design and operation for use in 

subsequent reviews or activities 

concerning that facility performed by 

the licensee, the Commission, and other 

interested parties. The proposed 

exemption would change the current 

UFSAR submittal schedule for 

Comanche Peak to a calendar-based 

schedule that would not exceed the 

maximum 24 months between 

successive updates as required by 10 

CFR 50.71(e)(4). Submitting the UFSAR 

updates for Comanche Peak as proposed 

by July 31 of the odd year continues to 

maintain the UFSAR information up-todate. The NRC staff has determined that 

granting the licensee’s proposed 

exemption will 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. 


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76516 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices 

B. The Exemption Presents No Undue 

Risk to Public Health and Safety 

The underlying purpose of 10 CFR 

50.71(e)(4) is to ensure that licensees 

periodically update their UFSARs so 

that the UFSARs remain up-to-date and 

accurately reflect the plant design and 

operation. The NRC has determined by 

rule that an update frequency not 

exceeding 24 months between 

successive updates is acceptable for 

maintaining up-to-date UFSAR content. 

The NRC granted an exemption dated 

September 25, 1995 (ML021790732), 

with respect to Comanche Peak that 

allowed the licensee to submit a unified 

UFSAR update for both units every 18 

months, not to exceed 24 months from 

the last submittal. While the regulation 

requires, in part, that UFSAR updates be 

submitted ‘‘annually or 6 months after 

each refueling outage,’’ it allows the 

submission of such updates on a 

different schedule, ‘‘provided the 

interval between successive updates 

does not exceed 24 months.’’ The 

requested exemption also serves the 

purpose of the 1992 revision to the rule 

for regulatory burden reduction. 

Additionally, based on the nature of the 

requested exemption and the 

requirement that updates will not 

exceed 24 months from the last 

submittal as described above, no new 

accident precursors are created by the 

exemption; therefore, neither the 

probability nor the consequences of 

postulated accidents are increased. In 

conclusion, the requested exemption 

does not result in any undue risk to the 

public health and safety. 

C. The Exemption Is Consistent With the 

Common Defense and Security 

The requested exemption from 10 

CFR 50.71(e)(4) would allow Vistra 

OpCo to submit its periodic updates to 

the Comanche Peak UFSAR by July 31 

of odd-numbered years, not to exceed 24 

months from the last submittal. Neither 

the regulation nor the proposed 

exemption has any relation to security 

issues. Therefore, the common defense 

and security is not impacted by the 

exemption. 

D. Special Circumstances 

Special circumstances, in accordance 

with 10 CFR 50.12(a)(2)(ii), are present 

whenever application of the regulation 

in the particular circumstances would 

not serve the underlying purpose of the 

rule or is not necessary to achieve the 

underlying purpose of the rule. The 

underlying purpose of the rule is to 

ensure that an updated FSAR will be 

available to be used in subsequent 

reviews or activities concerning that 

facility performed by the licensee, the 

Commission, and other interested 

parties—with the original reporting 

requirement set that subsequent 

revisions shall be filed no less 

frequently than annually (45 FR 30614; 

May 9, 1980). The rule change 

promulgated in August 1992 (57 FR 

39358; August 31, 1992) was intended 

to provide a reduction in regulatory 

burden by providing licensees with the 

option to submit UFSAR updates once 

per refueling outage, not to exceed 24 

months between successive updates, 

instead of annually. Currently, 

Comanche Peak submits a combined 

UFSAR every 18 months, not to exceed 

24 months from the last submittal. 

The licensee requested that the due 

date for the submittal of the Comanche 

Peak UFSAR update be by July 31 of 

every odd-numbered year, provided the 

interval between successive updates 

does not exceed 24 months. The 

licensee’s request would decouple the 

UFSAR update schedule from the 

refueling cycle. In a response to a 

comment suggesting that the UFSAR 

update be decoupled from the refueling 

cycle, the Commission explained in the 

statements of consideration for the 1992 

final rule amending 10 CFR 50.71(e) (57 

FR 39354; August 31, 1992), ‘‘The 

majority of facility design changes 

reflected in an updated FSAR [Final 

Safety Analysis Report] 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.’’ 

However, by letter dated August 15, 

2024, the licensee stated that: ‘‘. . . the 

majority of facility design changes 

reflected in the UFSAR at Comanche 

Peak are no longer effected during 

refueling outages. As a result, for 

Comanche Peak there is little 

coordination between plant changes and 

refueling cycle intervals. Therefore, the 

application of the regulation, with 

respect to coupling reporting frequency 

to refueling cycle intervals, is not 

necessary to achieve the underlying 

purpose of the rule for Comanche Peak.’’ 

The NRC staff acknowledges that plant 

operation practices have evolved over 

time and as stated by the licensee, the 

majority of facility design changes 

reflected in the UFSAR at Comanche 

Peak are no longer effected during 

refueling outages. 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, which is to ensure that an up-todate and accurate UFSAR will be 

available for use in subsequent reviews 

or activities concerning Comanche Peak 

Unit Nos. 1 and 2. 

E. Environmental Considerations 

With respect to the impact of the 

exemption on the quality of the human 

environment, the NRC has determined 

that the issuance of the exemption 

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, ‘‘Issuance of 

amendment.’’ 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 exemption 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) 

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) 

There is no significant increase in 

individual or cumulative public or 

occupational radiation exposure. 

Because the proposed action involves 

only a schedule change, which is 

administrative in nature, it does not 

contribute to any significant increase in 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices 76517 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

individual or cumulative public or 

occupational radiation exposures. 

Requirements in 10 CFR 51.22(c)(25)(iv) 

There is no significant construction 

impact. Because 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. 

Requirements in 10 CFR 51.22(c)(25)(v) 

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 requirements from which the 

exemption is sought involve 

recordkeeping, reporting, scheduling, or 

other requirements of an administrative, 

managerial, or organizational nature. 

The proposed action involves 

recordkeeping, reporting, and 

scheduling requirements, and other 

requirements of an administrative, 

managerial, or organizational nature 

because it is associated with the 

schedule for submittal of UFSAR 

updates pursuant to 10 CFR 50.71(e)(4), 

and meets that regulation’s requirement 

that the interval between successive 

updates does not exceed 24 months. 

Based on the above, the NRC staff 

concludes that the proposed exemption 

meets 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 exemption. 

IV. Conclusions 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12, the requested exemption is 

authorized by law, will not present an 

undue risk to 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 NRC hereby grants Vistra OpCo an 

exemption from the requirements of 10 

CFR 50.71(e)(4) to allow Vistra OpCo to 

file its periodic updates to the 

Comanche Peak UFSAR by July 31 of 

odd-numbered years, not to exceed 24 

months from the last submittal. 

The exemption is effective upon 

issuance. 

Dated: September 11, 2024 

For the Nuclear Regulatory Commission. 

/RA/ 

Aida Rivera-Varona, 

Deputy Director, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2024–21226 Filed 9–17–24; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2020–227; MC2024–662 and 

CP2024–671; MC2024–664 and CP2024–673; 

MC2024–665 and CP2024–674; MC2024–666 

and CP2024–675; MC2024–667 and CP2024– 

676; MC2024–668 and CP2024–677; 

MC2024–669 and CP2024–678; MC2024–670 

and CP2024–679; MC2024–671 and CP2024– 

680; MC2024–672 and CP2024–681; 

MC2024–673 and CP2024–682; MC2024–674 

and CP2024–683; MC2024–675 and CP2024– 

684] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: September 

20, 2024. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Docketed Proceeding(s) 

I. Introduction 

The Commission gives notice that the 

Postal Service filed request(s) for the 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the Market Dominant or 

the Competitive product list, or the 

modification of an existing product 

currently appearing on the Market 

Dominant or the Competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern Market Dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3030, and 39 

CFR part 3040, subpart B. For request(s) 

that the Postal Service states concern 

Competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3035, and 

39 CFR part 3040, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: CP2020–227; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Four to 

Global Reseller Expedited Package 2 

Negotiated Service Agreement; Filing 

Acceptance Date: September 12, 2024; 

Filing Authority: 39 CFR 3035.105; 

Public Representative: Samuel 

Robinson; Comments Due: September 

20, 2024. 

2. Docket No(s).: MC2024–662 and 

CP2024–671; Filing Title: USPS Request 

to Add Priority Mail Express, Priority 

Mail & USPS Ground Advantage 

Contract 326 to Competitive Product 

List and Notice of Filing Materials 

Under Seal; Filing Acceptance Date: 

September 12, 2024; Filing Authority: 39 

U.S.C. 3642, 39 CFR 3040.130 through 

3040.135, and 39 CFR 3035.105; Public 

Representative: Almaroof Agoro; 

Comments Due: September 20, 2024. 


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