91430 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology; 

and (d) ways to minimize the burden of 

the collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Title of Collection: DUE Project Data 

Form. 

OMB Control No.: 3145–0201. 

Expiration Date of Approval: January 

31, 2025. 

Abstract: The Division of 

Undergraduate Education (DUE) Project 

Data Form is a component of all grant 

proposals submitted to NSF’s Division 

of Undergraduate Education. This form 

collects information needed to direct 

proposals to appropriate reviewers and 

to report the estimated collective impact 

of proposed projects on institutions, 

students, and faculty members. 

Requested information includes the 

discipline of the proposed project, 

collaborating organizations involved in 

the project, the academic level on which 

the project focuses (e.g., lower-level 

undergraduate courses, upper-level 

undergraduate courses), characteristics 

of the organization submitting the 

proposal, special audiences (if any) that 

the project would target (e.g., women, 

underrepresented minorities, persons 

with disabilities), strategic foci (if any) 

of the project (e.g., research on teaching 

and learning, international activities, 

integration of research and education), 

and the number of students and faculty 

at different educational levels who 

would benefit from the project. 

Respondents: Investigators who 

submit proposals to NSF’s Division of 

Undergraduate Education. 

Estimated Number of Annual 

Respondents: 2,550. 

Burden on the Public: 20 minutes (per 

response) for an annual total of 850 

hours. 

Dated: November 14, 2024. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2024–26904 Filed 11–18–24; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–317 and 50–318; NRC– 

2024–0179] 

Constellation Energy Generation, LLC; 

Calvert Cliffs Nuclear Power Plant, 

Units 1 and 2; Exemptions 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued 

exemptions in response to a December 

7, 2023, request from Constellation 

Energy Generation, LLC (Constellation), 

regarding the submittal of subsequent 

license renewal applications for Calvert 

Cliffs Nuclear Power Plant, Units 1 and 

2. Pursuant to these exemptions, if the 

licensee submits the subsequent license 

renewal applications at least 3 years 

prior to the expiration of the existing 

operating licenses, and if the NRC staff 

finds them acceptable for docketing, the 

existing operating licenses will be in 

timely renewal under NRC regulations 

until the NRC has made final 

determinations on whether to approve 

the subsequent license renewal 

applications. 

DATES: The exemptions were issued on 

November 12, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0179 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–2024–0179. 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 

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: 

Brian Harris, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–2277; email: 

Brian.Harris2@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemptions is attached. 

Dated: November 14, 2024. 

For the Nuclear Regulatory Commission. 

Brian Harris, 

Senior Project Manager, License Renewal 

Projects Branch, Division of New and 

Renewed Licenses, Office of Nuclear Reactor 

Regulation. 

Attachment—Nuclear Regulatory 

Commission 

Docket Nos. 50–317 and 50–318 

Constellation Energy Generation, LLC 

Calvert Cliffs Nuclear Power Plant, 

Units 1 and 2 

Exemptions 

I. Background 

Constellation Energy Generation, LLC 

(Constellation, the licensee), is the 

holder of Renewed Facility Operating 

License Nos. DPR–53 and DPR–69 

which authorize operation of the Calvert 

Cliffs Nuclear Power Plant (Calvert), 

Units 1 and 2. These units are 

pressurized-water reactors located in 

Calvert County, Maryland. The 

operating licenses provide, among other 

things, that the facility is subject to all 

rules, regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

Commission) now or hereafter in effect. 

The current operating licenses for 

Calvert, Units 1 and 2, expire on July 31, 

2034, and August 13, 2036, respectively. 

II. Request/Action 

By letter dated December 7, 2023 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML23341A188), 

Constellation requested exemptions 

from 10 CFR 2.109(b), which provides 

that if a nuclear power plant licensee 

files a sufficient license renewal 

application ‘‘at least 5 years before the 

expiration of the existing license, the 

existing license will not be deemed to 

have expired until the application has 

been finally determined.’’ Specifically, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 91431 

Constellation requested timely renewal 

protection under 10 CFR 2.109(b) if it 

submits subsequent license renewal 

applications (SLRAs) for Calvert, Units 

1 and 2, at least 3 years prior to the 

expiration of the existing licenses. 

In its December 7, 2023, letter, the 

licensee stated that three special 

circumstances apply to its exemption 

requests. The three special 

circumstances that Constellation 

included in its requests are: 

(1) 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; 

(2) Compliance would result in undue 

hardship or other costs that are 

significantly in excess of those 

contemplated when the regulation was 

adopted, or that are significantly in 

excess of those incurred by others 

similarly situated; and 

(3) There is present any other material 

circumstance not considered when the 

regulation was adopted for which it 

would be in the public interest to grant 

an exemption. 

III. Discussion 

Under 10 CFR 54.17(a), the NRC 

requires that the filing of an application 

for a renewed license be in accordance 

with, among other regulations, 10 CFR 

2.109(b). As provided in 10 CFR 54.15, 

exemptions from the requirements of 10 

CFR part 54 may be granted by the 

Commission in accordance with 10 CFR 

50.12. 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 Exemptions Are Authorized by 

Law 

These exemptions would allow 

Constellation to receive timely renewal 

protection under 10 CFR 2.109(b) if it 

submits sufficient SLRAs for Calvert at 

least 3 years prior to the expiration of 

its existing licenses. This means that if 

the licensee submits an SLRA by July 

31, 2031, for Calvert, Unit 1, and by 

August 13, 2033, for Calvert, Unit 2, and 

the staff finds them acceptable for 

docketing, the existing licenses for 

Calvert will not be deemed to have 

expired until the NRC has made final 

determinations on whether to approve 

the SLRAs. The staff has determined 

that granting these exemptions are 

authorized by law. 

Section 103(c) of the Atomic Energy 

Act of 1954, as amended, permits the 

Commission to issue operating licenses, 

including renewed licenses. 10 CFR 

2.109 implements section 9(b) of the 

Administrative Procedure Act (APA), 5 

U.S.C. 558(c), which states: 

When the licensee has made timely and 

sufficient application for a renewal or a new 

license in accordance with agency rules, a 

license with reference to an activity of a 

continuing nature does not expire until the 

application has been finally determined by 

the agency. 

The 5-year time period specified in 10 

CFR 2.109(b) is not required by the 

Atomic Energy Act of 1954, as amended, 

or the APA. It is the result of a 

discretionary agency rulemaking under 

sections 161 and 181 of the Atomic 

Energy Act of 1954, as amended (56 FR 

64943; December 13, 1991) that was 

designed to provide the NRC with a 

reasonable amount of time to review a 

license renewal application and decide 

whether to approve it. Prior to 1992, the 

rules provided that licensees would 

have received timely renewal protection 

when they submitted their license 

renewal applications 30 days before the 

expiration of the current license (56 FR 

64962; December 13, 1991). In 1990, the 

NRC proposed modifying 10 CFR 2.109 

to provide that applications must be 

submitted 3 years before expiration of 

the current license to be afforded timely 

renewal protection (55 FR 29058; July 

17, 1990). There is nothing in the 

preamble supporting the proposed rule 

or final rule revising 10 CFR 2.109(b) 

that suggests that applying the timely 

renewal doctrine to license renewal 

applications submitted 30 days before 

the expiration of the license was not 

authorized by law. Instead, it appears 

the Commission proposed to revise 10 

CFR 2.109(b) from 30 days to 3 years 

before the expiration of the license so 

that the final determination on a license 

renewal application would typically be 

made before the current operating 

license expired. In the proposed rule, 

the Commission explained that it did 

not believe 30 days would provide ‘‘a 

reasonable time to review an application 

for a renewed operating license’’ and 

estimated that the technical review of a 

license renewal application would take 

approximately 2 years (55 FR 29051; 

July 17, 1990). In the final rule, the 

Commission stated that the technical 

review of the application would take 

approximately 2 years due to the review 

of ‘‘many complex technical issues’’ and 

that ‘‘[a]ny necessary hearing could 

likely add an additional year or more’’ 

(56 FR 64962; December 13, 1991). 

Ultimately, the Commission concluded 

in the final rule that timely renewal 

protection would be provided for 

license renewal applications filed 5 

years before the operating license 

expired to promote consistency with the 

requirement that licensees submit 

decommissioning plans and related 

financial assurance information on or 

about 5 years prior to the expiration of 

their current operating license. Thus, in 

promulgating 10 CFR 2.109(b), the 

Commission considered that the time 

period needed to reach a final 

determination may be less than 5 years 

in some cases, but the rule also provides 

timely renewal protection for timelyfiled applications to account for 

situations where the resolution of 

complex technical issues may take more 

time. 

The exemptions constitute a change to 

the schedule by which the licensee must 

submit its SLRAs and are administrative 

in nature; they do not involve any 

change to the current operating licenses. 

Under 10 CFR 54.17(a), an application 

for a renewed license must be filed in 

accordance with subpart A of 10 CFR 

part 2, which includes 10 CFR 2.109(b). 

However, the NRC may grant 

exemptions from the requirements of 10 

CFR part 54 pursuant to 10 CFR 54.15. 

For the reasons stated above, the NRC 

has determined that granting these 

exemptions will not result in a violation 

of the Atomic Energy Act of 1954, as 

amended, the APA, or the NRC’s 

regulations. Therefore, the exemptions 

are authorized by law. 

B. The Exemptions Present No Undue 

Risk to Public Health and Safety 

The requested exemptions to allow a 

3-year time period, rather than the 5 

years specified in 10 CFR 2.109(b), for 

Constellation to submit sufficient 

SLRAs and receive timely renewal 

protection are scheduling changes. The 

actions do not change the manner in 

which Calvert operates and maintains 

public health and safety because the 

exemptions from 10 CFR 2.109(b) do not 

result in a change to the facility or the 

current operating licenses. The NRC 

expects that a period of 3 years provides 

sufficient time for the NRC to perform 

a full and adequate safety and 

environmental review, and for the 

completion of the hearing process. 

Pending final action on the SLRAs, the 

NRC will continue to conduct all 

regulatory activities associated with 

licensing, inspection, and oversight, and 

will take whatever action may be 

necessary to ensure adequate protection 

of the public health and safety. The 

existence of these exemptions does not 


ddrumheller on DSK120RN23PROD with NOTICES1
91432 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

affect NRC’s authority, applicable to all 

licenses, to modify, suspend, or revoke 

a license for cause, such as a serious 

safety concern. Based on the above, the 

NRC finds that the exemptions do not 

cause undue risk to public health and 

safety. 

C. The Exemptions Are Consistent With 

the Common Defense and Security 

The requested exemptions are 

scheduling changes that do not alter the 

design, function, or operation of any 

structures or plant equipment that are 

necessary to maintain safe and secure 

status of any site security matters. 

Therefore, the NRC finds that the 

actions are consistent with the common 

defense and security. 

D. Special Circumstances 

The Commission will not consider 

granting a specific exemption from the 

requirements in 10 CFR part 50 unless 

special circumstances are present. For 

the following reasons, the NRC finds 

that the special circumstances of 10 CFR 

50.12(a)(2)(ii) are present for Calvert, 

Units 1 and 2. That is, 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 purpose of 10 CFR 2.109(b), as it 

is applied to nuclear power reactors 

licensed by the NRC, is to implement 

the ‘‘timely renewal’’ provision of 

section 9(b) of the APA, 5 U.S.C. 558(c). 

The underlying purpose of this ‘‘timely 

renewal’’ provision in the APA is to 

protect a licensee who is engaged in an 

ongoing licensed activity and who has 

complied with agency rules in applying 

for a renewed or new license from 

facing license expiration as the result of 

delays in the administrative process. 

On December 13, 1991, the NRC 

published the final license renewal rule, 

10 CFR part 54, with associated changes 

to 10 CFR parts 2, 50, and 140, in the 

Federal Register (56 FR 64943; 

December 13, 1991). The preamble 

discussed the basis for establishing the 

latest date for filing license renewal 

applications for the purposes of the 

timely renewal doctrine (56 FR 64962; 

December 13, 1991). As discussed in 

Section III.A of this issuance, the NRC 

originally estimated that approximately 

3 years would be a reasonable amount 

of time to review a license renewal 

application and to complete any hearing 

that might be held on the application. 

The NRC changed its original deadline 

from 3 years to 5 years to have 

consistent deadlines for when licensees 

must submit their decommissioning 

plans and related financial assurance 

information and when they must submit 

their license renewal application to 

receive timely renewal protection. 

Accordingly, application of the 5-year 

period in 10 CFR 2.109(b) is not 

necessary to achieve the underlying 

purpose of the timely renewal provision 

in the regulation if Constellation files 

sufficient SLRAs at least 3 years prior to 

expiration of the Calvert licenses. The 

NRC’s current schedule for review of 

SLRAs is to complete its review and 

make a decision on issuing the renewed 

license within 18 months of acceptance 

if there is no hearing. If a hearing is 

held, the NRC’s model schedule 

anticipates completion of the NRC’s 

review, the hearing process, and 

issuance of a decision on the license 

renewal application within 30 months 

of receipt. 

However, it is recognized that the 

estimate of 30 months for completion of 

a contested hearing is subject to 

variation in any given proceeding. A 

period of 3 years (36 months), 

nevertheless, is expected to provide 

sufficient time for performance of a full 

and adequate safety and environmental 

review, and completion of the hearing 

process. Meeting this schedule is based 

on a sufficient application being 

submitted and on the review being 

completed in accordance with the 

NRC’s established license renewal 

review schedule. 

Based on the above, the NRC finds 

that the special circumstance of 10 CFR 

50.12(a)(2)(ii) is present in the particular 

circumstances of Calvert, Units 1 and 2. 

Because the NRC staff finds that special 

circumstances exist under 10 CFR 

50.12(a)(2)(ii), the NRC staff did not 

consider whether special circumstances 

also exist under 10 CFR 50.12(a)(2)(iii) 

or 10 CFR 50.12(a)(2)(vi), as presented 

by the licensee in its exemption 

requests. 

E. Environmental Considerations 

The NRC has determined that the 

issuance of the requested exemptions 

meets the provisions of categorical 

exclusion specified 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 Title 

10, Chapter 1 of the Code of Federal 

Regulations 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 

involve one of several matters, which 

includes scheduling requirements under 

10 CFR 51.22(c)(25)(vi)(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 requests involves no 

significant hazards consideration 

because allowing the submittal of the 

SLRAs at least 3 years before the 

expiration of the existing licenses while 

maintaining the protection of the timely 

renewal provision in 10 CFR 2.109(b) 

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 exemptions constitute a change to 

the schedule by which Constellation 

must submit its SLRAs and still place 

the licenses in timely renewal, which is 

administrative in nature, and 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. 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 

exemptions do 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 exemptions constitute changes to 

the schedule by which Constellation 

must submit its SLRAs and still place 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 91433 

the licenses in timely renewal, which is 

administrative in nature, and 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)(G), the 

exemption must involve scheduling 

requirements. The exemptions involve 

scheduling requirements because they 

would allow Constellation to submit 

SLRAs for Calvert, Units 1 and 2, at 

least 3 years prior to the expiration of 

the existing licenses, rather than the 5 

years specified in 10 CFR 2.109(b), and 

still place the licenses in timely renewal 

under 10 CFR 2.109(b). Therefore, the 

requirements of 10 CFR 51.22(c)(25)(vi) 

are met. 

Based on the above, the NRC 

concludes that the proposed exemptions 

meet 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 

assessment or environmental impact 

statement need be prepared in 

connection with the approval of these 

exemption requests. 

IV. Conclusions 

Accordingly, the NRC has determined 

that, pursuant to 10 CFR 54.15 and 10 

CFR 50.12, the requested 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. Also, 

special circumstances, as defined in 10 

CFR 50.12(a)(2)(ii), are present. 

Therefore, the NRC hereby grants the 

licensee a one-time exemption for each 

Unit such that if the licensee submits 

SLRAs for Calvert, Units 1 and 2, at 

least 3 years prior to the expiration of 

each of the existing operating licenses, 

and if the NRC staff finds them 

acceptable for docketing, the existing 

operating licenses will be in timely 

renewal under NRC regulations until the 

NRC has made final determinations on 

whether to approve the SLRAs. 

These exemptions are effective upon 

issuance. 

Dated: November 12, 2024. 

For the Nuclear Regulatory Commission. 

/RA/ 

Michelle Sampson, 

Director, Division of New and Renewed 

Licenses, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2024–26920 Filed 11–18–24; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–333; NRC–2024–0178] 

Constellation Energy Generation, LLC; 

James A. FitzPatrick Nuclear Power 

Plant; Exemption 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued an 

exemption in response to a December 7, 

2023, request from Constellation Energy 

Generation, LLC (Constellation), 

regarding the submittal of a subsequent 

license renewal application for James A. 

FitzPatrick Nuclear Power Plant. 

Pursuant to this exemption, if the 

licensee submits a subsequent license 

renewal application at least 3 years 

prior to the expiration of the existing 

operating license, and if the NRC staff 

finds it acceptable for docketing, the 

existing operating license will be in 

timely renewal under NRC regulations 

until the NRC has made a final 

determination on whether to approve 

the subsequent license renewal 

application. 

DATES: The exemption was issued on 

November 12, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0178 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–2024–0178. 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 

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: 

Brian Harris, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–2277; email: 

Brian.Harris2@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: November 14, 2024. 

For the Nuclear Regulatory Commission. 

Brian Harris, 

Senior Project Manager, License Renewal 

Projects Branch, Division of New and 

Renewed Licenses, Office of Nuclear Reactor 

Regulation. 

Attachment—Nuclear Regulatory 

Commission 

Docket No. 50–333 

Constellation Energy Generation, LLC 

James A. FitzPatrick Nuclear Power 

Plant 

Exemption 

I. Background 

Constellation Energy Generation, LLC 

(Constellation, the licensee), is the 

holder of Renewed Facility Operating 

License No. DPR–59 which authorizes 

operation of the James A. FitzPatrick 

Nuclear Power Plant (FitzPatrick). This 

unit is a boiling-water reactor located in 

Oswego County, New York. The 

operating license provides, among other 

things, that the facility is subject to all 

rules, regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

Commission) now or hereafter in effect. 

The current operating license for 

FitzPatrick expires on October 17, 2034. 

II. Request/Action 

By letter dated December 7, 2023 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML23341A189), 

Constellation requested an exemption 

from 10 CFR 2.109(b), which provides 

that if a nuclear power plant licensee 

files a sufficient license renewal 

application ‘‘at least 5 years before the 

expiration of the existing license, the 

existing license will not be deemed to 

have expired until the application has 

been finally determined.’’ Specifically, 

Constellation requested timely renewal 

protection under 10 CFR 2.109(b) if it 


ddrumheller on DSK120RN23PROD with NOTICES1