Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Notices 34311 

Week of July 4, 2022—Tentative 

There are no meetings scheduled for 

the week of July 4, 2022. 

Week of July 11, 2022—Tentative 

There are no meetings scheduled for 

the week of July 11, 2022. 

CONTACT PERSON FOR MORE INFORMATION: 

For more information or to verify the 

status of meetings, contact Wesley Held 

at 301–287–3591 or via email at 

Wesley.Held@nrc.gov. 

The NRC is holding the meetings 

under the authority of the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

Dated: June 2, 2022. 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2022–12271 Filed 6–2–22; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–0289; NRC–2022–0115] 

Constellation Energy Generation, LLC; 

Three Mile Island Nuclear Station, Unit 

1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental assessment and 

finding of no significant impact; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption for Three Mile 

Island Nuclear Station, Unit 1 (TMI–1). 

The exemption would allow the 

licensee, Constellation Energy 

Generation, LLC (CEG) to use a portion 

of the TMI–1 decommissioning trust 

fund (DTF) for site restoration activities 

at TMI–1 without prior notice to the 

NRC. The NRC is issuing an 

environmental assessment (EA) and 

finding of no significant impact (FONSI) 

associated with the proposed action. 

DATES: The EA and FONSI referenced in 

this document are available on June 6, 

2022. 

ADDRESSES: Please refer to NRC–2022– 

0115 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–2022–0115. 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, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• 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 PDR.Resource@nrc.gov 

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: 

Amy M. Snyder, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–6822, email: Amy.Snyder@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is considering issuance of an 

exemption pursuant to section 50.12 of 

title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Specific 

exemptions,’’ for Renewed Facility 

Operating License No. DPR–50, for 

TMI–1, located in Londonderry 

Township, Dauphin County, 

Pennsylvania. By letter dated May 20, 

2021, Exelon Generation Company, LLC, 

submitted a request for exemption from 

the specific requirements of 10 CFR 

50.82(a)(8)(i)(A) and 50.75(h)(1)(iv). The 

exemption from 10 CFR 50.82(a)(8)(i)(A) 

and 10 CFR 50.75(h)(1)(iv) would 

permit the licensee to make withdrawals 

from the TMI–1 DTF for site restoration 

activities at TMI–1 without prior notice 

to the NRC, in the same manner that 

withdrawals are made under 10 CFR 

50.82(a)(8) for radiological 

decommissioning activities. On 

February 1, 2022, the NRC was notified 

that the Exelon Generation Company, 

LLC changed its name to Constellation 

Energy Generation, LLC. 

In accordance with 10 CFR 51.21, the 

NRC has prepared an EA that analyzes 

the environmental effects of the 

proposed action. Based on the results of 

this EA, and in accordance with 10 CFR 

51.31(a), the NRC has determined not to 

prepare an environmental impact 

statement (EIS) for the proposed 

licensing action and is issuing a FONSI. 

II. Environmental Assessment 

Description of the Proposed Action 

As described in the licensee’s 

application dated May 20, 2021, the 

proposed action would partially exempt 

CEG from the requirements set forth in 

10 CFR 50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv). Specifically, the 

proposed action would allow CEG to 

use funds from the DTF for site 

restoration activities not associated with 

radiological decommissioning activities 

and would exempt CEG from meeting 

the requirement for prior notification to 

the NRC for these activities. 

Need for the Proposed Action 

By letter dated June 20, 2017, Exelon 

certified to the NRC that it had decided 

to permanently cease power operations 

at TMI–1 on or about September 30, 

2019. Exelon permanently ceased power 

operations at TMI–1 on September 20, 

2019, and certified all fuel is removed 

from the reactor core on September 26, 

2019. On April 5, 2019, pursuant to 10 

CFR 50.82(a)(4)(i), Exelon submitted the 

post-shutdown decommissioning 

activities report for TMI–1. 

As required by 10 CFR 

50.82(a)(8)(i)(A), decommissioning trust 

funds may be used by CEG, the current 

licensee, if the withdrawals are for 

legitimate decommissioning activity 

expenses, consistent with the definition 

of decommissioning in 10 CFR 50.2. 

This definition addresses radiological 

decontamination and does not include 

activities associated with spent fuel 

management or site restoration. The 

requirements of 10 CFR 50.75(h)(1)(iv) 

also restrict the use of DTF 

disbursements (other than for ordinary 

administrative costs and other 

incidental expenses of the fund in 

connection with the operation of the 

fund) to decommissioning expenses 

until final radiological 

decommissioning is completed. 

Therefore, an exemption from 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv) is needed to allow CEG to 

use funds from the TMI–1 DTF for site 

restoration activities at TMI–1. 

The requirements of 10 CFR 

50.75(h)(1)(iv) further provide that, 


lotter on DSK11XQN23PROD with NOTICES1
34312 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Notices 

except for withdrawals being made 

under 10 CFR 50.82(a)(8) or for 

payments of ordinary administrative 

costs and other incidental expenses of 

the fund in connection with the 

operation of the fund, no disbursement 

may be made from the DTF without 

written notice to the NRC at least 30 

working days in advance. Therefore, an 

exemption from 10 CFR 50.75(h)(1)(iv) 

is also needed to allow CEG to use funds 

from the TMI–1 DTF for site restoration 

activities at TMI–1 without prior NRC 

notification. 

Environmental Impacts of the Proposed 

Action 

The proposed actions involve 

regulatory requirements that are of a 

financial or administrative nature and 

that do not have an impact on the 

environment. The NRC has completed 

its evaluation of the proposed action 

and concludes that there is reasonable 

assurance that adequate funds are 

available in the DTF to complete all 

activities associated with radiological 

decommissioning. There would be no 

decrease in safety associated with the 

use of the DTF to fund activities 

associated with site restoration. The 

NRC regulations in 10 CFR 

50.82(a)(8)(v) require licensees to 

submit a financial assurance status 

report annually between the time of 

submitting their site-specific 

decommissioning cost estimate until 

they submit their final radiation survey 

and demonstrate that residual 

radioactivity has been reduced to a level 

that permits termination of the 

operating license. Section 50.82(a)(8)(vi) 

requires that if the sum of the balance 

of any remaining decommissioning 

funds, plus expected rate of return, plus 

any other financial surety mechanism 

relied upon by the licensee, does not 

cover the estimated costs to complete 

the decommissioning, the financial 

assurance status report must include 

additional financial assurance to cover 

the cost of completion. These annual 

reports provide a means for the NRC to 

monitor the adequacy of available 

funding. 

The proposed exemption would allow 

CEG to use excess funds from the DTF 

to support site restoration activities not 

associated with radiological 

decontamination. The NRC staff has 

determined that there is reasonable 

assurance of adequate funding for 

radiological decommissioning. 

Specifically, CEG has provided detailed 

site-specific cost-estimates for 

radiological decommissioning that the 

NRC staff finds sufficiently demonstrate 

that the funds in the DTF dedicated to 

radiological decommissioning are 

adequate to complete decommissioning 

and terminate the TMI–1 license, with 

excess funding available to pay for site 

restoration activities within the scope of 

the exemption request. Thus, there is 

reasonable assurance that there will be 

no environmental effect due to lack of 

adequate funding for decommissioning. 

The proposed actions will not 

significantly increase the probability or 

consequences of radiological accidents 

or change the types of effluents released 

offsite. In addition, there would be no 

significant increase in the amount of 

any radiological effluent released offsite, 

and no significant increase in 

occupational or public radiation 

exposure. There would be no materials 

or chemicals introduced into the plant 

affecting the characteristics or types of 

effluents released offsite. In addition, 

waste processing systems would not be 

affected by the proposed exemption. 

Therefore, there would be no significant 

radiological environmental impacts 

associated with the proposed actions. 

Regarding potential nonradiological 

impacts, the proposed actions would 

have no direct impacts on land use or 

water resources, including terrestrial 

and aquatic biota, as it involves no new 

construction or modification of plant 

operational systems. There would be no 

changes to the quality or quantity of 

nonradiological effluents, and no 

changes to the plant’s National Pollutant 

Discharge Elimination System permits 

would be needed. In addition, there 

would be no noticeable effect on 

socioeconomic and environmental 

justice conditions in the region, no air 

quality impacts, and no potential to 

affect historic properties. Therefore, 

there would be no significant 

nonradiological environment impacts 

associated with the proposed actions. 

Accordingly, the NRC concludes that 

there would be no significant 

environmental impacts associated with 

the proposed actions. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the NRC staff considered the 

denial of the proposed actions (i.e., the 

‘‘no-action’’ alternative). Denial of the 

exemption requests would result in no 

change in current environmental 

impacts. The environmental impacts of 

the proposed action and the alternative 

action would be similar. 

Alternative Use of Resources 

There are no unresolved conflicts 

concerning alternative uses of available 

resources under the proposed action. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on May 3, 2022, the staff consulted with 

Commonwealth of Pennsylvania, 

regarding the environmental impact of 

the proposed action. The state official 

had no comments on the proposed EA 

and FONSI. 

III. Finding of No Significant Impact 

The licensee has requested 

exemptions from 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv), which would allow CEG 

to use funds from the DTF for site 

restoration activities, without prior 

written notification to the NRC. The 

NRC is considering issuing the 

requested exemption. The proposed 

action would not significantly affect 

plant safety, would not have a 

significant adverse effect on the 

probability of an accident occurring, 

and would not have any significant 

radiological or nonradiological impacts. 

The reason the human environment 

would not be significantly affected is 

that the proposed action involves an 

exemption from requirements that are of 

a financial or administrative nature and 

that do not have an impact on the 

human environment. 

Consistent with 10 CFR 51.21, the 

NRC conducted the EA for the proposed 

action, and this FONSI incorporates by 

reference the EA included in Section II 

of this notice. Therefore, the NRC 

concludes that the proposed action will 

not have a significant effect on the 

quality of the human environment. 

Accordingly, the NRC has determined 

there is no need to prepare an EIS for 

the proposed action. 

As required by 10 CFR 51.32(a)(5), the 

related environmental document is the 

‘‘Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants: Regarding Three Mile 

Island Nuclear Station, Unit 1, Final 

Report,’’ (NUREG–1437, Supplement 

37), which provides the latest 

environmental review of current 

operations and description of 

environmental conditions at TMI–1. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through ADAMS. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Notices 34313 

Document ADAMS 

Accession No. 

Notification of Completion of License Transfer and Request to Continue Processing Pending NRC Actions Previously Requested by Exelon Generation Company, LLC, dated February 1, 2022 ....................................................................................... ML22032A333 

Three Mile Island Nuclear Station, Unit 1, Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv), 

dated May 20, 2021 ......................................................................................................................................................................... ML21140A311 

Three Mile Island Nuclear Station, Unit 1—Certification of Permanent Cessation of Power Operations, dated June 20, 2017 ...... ML17171A151 

Certification of Permanent Removal of Fuel from the Reactor Vessel for Three Mile Island Nuclear Station, Unit 1, dated September 26, 2019 ............................................................................................................................................................................... ML19269E480 

Three Mile Island Nuclear Station, Unit 1—Post-Shutdown Decommissioning Activities Report, dated April 5, 2019 ..................... ML19095A041 

NUREG–1437, Supplement 37, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 

37, Regarding Three Mile Island Nuclear Station, Unit 1,’’ dated June 2009 ................................................................................. ML091751063 

Three Mile Island Nuclear Station, Unit 1—Proposed Action—Proposed FONSI for TMI–1 Exemption Request from 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) notification of Commonwealth of Pennsylvania Response, dated May 3, 2022 ..... ML22125A010 

Dated: June 1, 2022. 

For the Nuclear Regulatory Commission. 

Jane E. Marshall, 

Director, Division of Decommissioning, 

Uranium Recovery, and Waste Programs, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2022–12060 Filed 6–3–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 72–1031; 72–38; 72–44; 72– 

45; and 72–77; NRC–2022–0113] 

Constellation Energy Generation, LLC; 

Arizona Public Service Company; Duke 

Energy Carolinas, LLC 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemptions; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) issued four 

exemptions in response to requests from 

Arizona Public Service Company; 

Constellation Energy Generation, LLC; 

and Duke Energy Carolinas, LLC. The 

exemptions will allow the licensees to 

deviate from the requirements for the 

MAGNASTOR® storage cask system in 

Certificate of Compliance No. 1031, 

Amendment No. 7 and Amendment No. 

9, by utilizing storage cask lids that 

were not fabricated in accordance with 

the requirements of two codes issued by 

the American Concrete Institute. The 

NRC is issuing a single notice to 

announce the issuance of these 

exemptions because these are nearly 

identical. 

DATES: The two exemptions to Arizona 

Public Service Company; Constellation 

Energy Generation, LLC were issued on 

May 13, 2022, and two exemptions were 

issued to Duke Energy Carolinas, LLC 

on May 16, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0113 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–2022–0113. Address 

questions about Dockets IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumanns@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, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• 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 PDR.Resource@nrc.gov 

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: 

Bernard White, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–6577, email: Bernard.White@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC issued four exemptions in 

response to requests dated March 31, 

2022, and April 7, 2022, from 

Constellation Energy Generation, LLC 

and Arizona Public Service Company; 

and Duke Energy Carolinas, LLC, 

respectively. The exemptions allow 

exemption from the requirements of title 

10 of the Code of Federal Regulations 

(10 CFR) sections 72.212(a)(2), 

72.212(b)(3), 72.212(b)(5)(i), 72.214, and 

the portion of 10 CFR 72.212(b)(11) 

which requires compliance with the 

terms and conditions set forth in the 

certificate of compliance for each spent 

fuel cask used by an independent spent 

fuel storage installation general licensee. 

The exemptions requested 

authorization to load, and store spent 

fuel in MAGNASTOR® storage casks 

with lids that were not fabricated in 

accordance with Technical 

Specification A4.2 as specified in 

Amendment Nos. 7 and 9 of the NAC 

International Certificate of Compliance 

No. 1031 for the MAGNASTOR® storage 

system. Amendment No. 7 is used at the 

Catawba, McGuire and Palo Verde 

independent spent fuel storage 

installations. Amendment No. 9 is used 

at the Three Mile Island, Unit I 

independent spent fuel storage 

installation. 

Technical Specification, Appendix A, 

A4.2 requires the concrete cask to be 

designed and fabricated in accordance 

with the American Concrete Institute 

Specifications ACI–349, ‘‘Code 

Requirements for Nuclear Safety Related 

Concrete Structures,’’ and ACI–318, 

‘‘Building Code Requirements for 

Structural Concrete,’’ which according 

to the technical specifications govern 

the concrete cask design and 

construction, respectively. 

NAC submitted an amendment 

request to eliminate the need for 

compliance with the referenced 

technical specification for the concrete 

in the cask lids in the Certificate of 

Compliance No. 1031 for the 


lotter on DSK11XQN23PROD with NOTICES1