[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16246-16249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05998]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249; NRC-2022-0025]


Constellation Energy Generation, LLC; Dresden Nuclear Power 
Station, Units 2 and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to an October 28, 2021, request from Exelon 
Generation Company, LLC to allow the submittal of sufficient Dresden 
Nuclear Power Station, Units 2 and 3, subsequent license renewal 
applications no later than 3 years prior to expiration of the existing 
renewed operating licenses and still place the licenses in timely 
renewal under NRC regulations. On February 1, 2022, Exelon Generation 
Company, LLC was renamed Constellation Energy Generation, LLC.

DATES: The exemption was issued on March 15, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0025 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-2022-0025. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#491a3d282a30671a2a213c2428272709273b2a672e263f"><span class="__cf_email__" data-cfemail="c390b7a2a0baed90a0abb6aea2adad83adb1a0eda4acb5">[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, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#6a3a2e3844380f19051f18090f2a041809440d051c"><span class="__cf_email__" data-cfemail="83d3c7d1add1e6f0ecf6f1e0e6c3edf1e0ade4ecf5">[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: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#752531275b2710061a00071610351b07165b121a03"><span class="__cf_email__" data-cfemail="48180c1a661a2d3b273d3a2b2d08263a2b662f273e">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays

FOR FURTHER INFORMATION CONTACT: Russell S. Haskell, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1129, email: <a href="/cdn-cgi/l/email-protection#0755727474626b6b294f66746c626b6b4769756429606871"><span class="__cf_email__" data-cfemail="b6e4c3c5c5d3dada98fed7c5ddd3dadaf6d8c4d598d1d9c0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: March 16, 2022.

    For the Nuclear Regulatory Commission.
Russell S. Haskell,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
    Attachment--Exemption.

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-237 and 50-249

Constellation Energy Generation, LLC; Dresden Nuclear Power Station, 
Units 2 and 3

Exemption

I. Background

    Constellation Energy Generation, LLC (the licensee), is the holder 
of Renewed Facility Operating License Nos. DPR-19 and DPR-25 which 
authorize operation of the Dresden Nuclear Power Station, Units 2 and 
3, respectively. These units are boiling-water reactors located in 
Grundy County, Illinois. The licenses provide, among other things, that 
the

[[Page 16247]]

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 Dresden Nuclear Power 
Station, Units 2 and 3, expire on December 22, 2029, and January 12, 
2031, respectively.

II. Request/Action

    By letter dated October 28, 2021, Exelon Generation Company, LLC 
requested an exemption from 10 CFR 2.109(b) to allow the subsequent 
license renewal applications (SLRAs) for Dresden Nuclear Power Station, 
Units 2 and 3, to be submitted no later than 3 years prior to the 
expiration of the existing licenses and still receive timely renewal 
protection under 10 CFR 2.109(b). On February 1, 2022 (ADAMS Accession 
No. ML22032A333), Exelon Generation Company, LLC was renamed 
Constellation Energy Generation, LLC.
    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), ``Effect of timely renewal application.'' 
In turn, 10 CFR 2.109(b) states ``If the licensee of a nuclear power 
plant licensed under 10 CFR 50.21(b) or 50.22 files a sufficient 
application for renewal of either an operating license or a combined 
license 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.''

III. Discussion

    Under 10 CFR 54.15, exemptions from the requirements of Part 54 are 
governed by 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). In its application, the licensee stated that three 
special circumstances apply to its request. The three special 
circumstances that the licensee included in its request are:
    (1) Application of the regulation 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.
    (3) It is in the public interest to grant the exemption based on 
new and material circumstances that did not exist when the NRC adopted 
Section 2.109(b).

A. The Exemption Is Authorized by Law

    This exemption would allow the licensee to submit sufficient SLRAs 
for Dresden Nuclear Power Station, Units 2 and 3, no later than 3 years 
prior to the expiration of its existing licenses and the licenses would 
still be in timely renewal under 10 CFR 2.109(b). Section 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 is the result of a 
discretionary agency rulemaking under Sections 161 and 181 of the 
Atomic Energy Act of 1954, as amended, and not required by the APA. As 
stated above, 10 CFR 54.17(a) requires that the filing of an 
application for a renewed license be in accordance with, among other 
regulations, 10 CFR 2.109(b). In addition, 10 CFR 54.15 allows the NRC 
to grant exemptions from the requirements of 10 CFR part 54. The NRC 
has determined that granting this exemption will not result in a 
violation of the Atomic Energy Act of 1954, as amended, the APA, or the 
NRC's regulations. Therefore, the exemption is authorized by law.

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

    The requested exemption to allow a 3-year time period, rather than 
the 5 years specified in 10 CFR 2.109(b), for the licensee to submit 
sufficient SLRAs and place the licenses in timely renewal is a 
scheduling change. The action does not change the manner in which the 
plant operates and maintains public health and safety because no 
additional changes are made as a result of the action. 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 this exemption does not 
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 action does not cause undue risk 
to public health and safety.

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

    The requested exemption to allow a 3-year time period, rather than 
the 5 years specified in 10 CFR 2.109(b), for the licensee to submit 
sufficient SLRAs and place the licenses in timely renewal is a 
scheduling change. The exemption does not change any site security 
matters. Therefore, the NRC finds that the action is consistent with 
the common defense and security.

D. Special Circumstances

    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), 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 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). The statements of 
consideration discussed the basis for establishing the latest date for 
filing license renewal applications and the timely renewal doctrine (56 
FR 64962). The statements of consideration stated that:

    Because the review of a renewal application will involve a 
review of many complex technical issues, the NRC estimates that the 
technical review would take approximately 2 years. Any necessary 
hearing could likely add an additional year or more. Therefore, in 
the proposed rule, the Commission modified Sec.  2.109 to require 
that nuclear power plant operating license renewal applications be 
submitted at least 3 years prior to their expiration in order to 
take advantage of the timely renewal doctrine.

[[Page 16248]]

    No specific comment was received concerning the proposal to add 
a 3-year provision for the timely renewal provision for license 
renewal. The current regulations require licensees to submit 
decommissioning plans and related financial assurance information on 
or about 5 years prior to the expiration of their operating 
licenses. The Commission has concluded that, for consistency, the 
deadline for submittal of a license renewal application should be 5 
years prior to the expiration of the current operating license. The 
timely renewal provisions of Sec.  2.109 now reflect the decision 
that a 5-year time limit is more appropriate.

    Thus, the NRC originally estimated that 3 years was needed to 
review a 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 
applications to place their licenses in timely renewal.
    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 the licensee files sufficient Dresden 
Nuclear Power Station, Units 2 and 3, SLRAs no later than 3 years prior 
to expiration of the 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 receipt if there is no hearing. If 
a hearing is held, the NRC's model schedule anticipates completion of 
the NRC's review and of 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 complete and 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 circumstance of 
Dresden Nuclear Power Station, Units 2 and 3.
    In addition, the NRC finds that the special circumstance of 10 CFR 
50.12(a)(2)(iii) is present in the circumstances of Dresden Nuclear 
Power Station, Units 2 and 3. Compliance with Sec.  2.109(b) would 
result in undue hardship or other costs that are significantly in 
excess of those contemplated when the regulation was adopted. In its 
application, Exelon (now Constellation) stated that the decision to 
continue power operation at Dresden Nuclear Power Station, Units 2 and 
3, depended on economic and legislative factors that evolved in a way 
that did not permit the preparation and submission of SLRAs 5 years 
prior to each unit's license expiration date. The licensee further 
stated that if the exemption is not granted, and it submits its SLRAs 
less than 5 years before license expiration, then the licensee would 
face the risk of being forced to shut down if the application is not 
approved before the current licenses expire. The impact of changes in 
economic and legislative conditions on licensees' decisions to pursue 
license renewal was not a factor considered at the time the timely 
renewal rule was issued. The NRC therefore finds that the special 
circumstance of 10 CFR 50.12(a)(2)(iii) also is present. Because the 
NRC staff finds that special circumstances exist under 10 CFR 
50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(iii), the NRC staff did not 
consider whether special circumstances also exist under 10 CFR 
50.12(a)(2)(vi), as presented by the licensee in its exemption request.

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 allowing the submittal of the 
license renewal application no later than 3 years before the expiration 
of the existing license and deeming the license in timely renewal under 
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 exemption constitutes a change to the schedule by which the 
licensee 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. 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 constitutes a change to the schedule by which the 
licensee must submit its SLRAs and still place 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

[[Page 16249]]

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 exemption involves scheduling requirements because it 
would allow the licensee to submit SLRAs for Dresden Nuclear Power 
Station, Units 2 and 3, no later than 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 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 approval of this exemption request.

IV. Conclusions

    Accordingly, the NRC has determined that, pursuant to 10 CFR 54.15 
and 10 CFR 50.12, the requested 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 licensee a one-time exemption for 
Dresden Nuclear Power Station, Units 2 and 3, from 10 CFR 2.109(b) to 
allow the submittal of the Dresden Nuclear Power Station, Units 2 and 
3, SLRAs no later than 3 years prior to expiration of the operating 
licenses.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 15th day of March 2022.

    For the Nuclear Regulatory Commission.

/RA/

Gregory F. Suber,

Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

[FR Doc. 2022-05998 Filed 3-21-22; 8:45 am]
BILLING CODE 7590-01-P


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