L-2025-002, Request for Exemption from Certain Termination of License Requirements of 10 CFR § 50.82

Request for Exemption from Certain Termination of License Requirements of 10 CFR § 50.82

ML25023A270
Person / Time
Site:	Duane Arnold
Issue date:	01/23/2025
From:	Coffey R NextEra Energy Duane Arnold
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
L-2025-002
Download: ML25023A270 (1)

Text

NEXTera ENERGY.

DUANE ARNOLD U.S. Nuclear Regulatory Commission ATIN: Document Control Desk Washington, DC 20555-0001 Duane Arnold Energy Center Docket No. 50-331 Renewed Facility License No. DPR-49 January 23, 2025 L-2025-002 10 CFR 50.12 10 CFR 50.82(a){2)

Request for Exemption from Certain Termination of License Requirements of 10 CFR § 50.82

References:

1.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Certification of Permanent Cessation of Power Operations," dated August 27, 2020 (ADAMS Accession No. ML20240A067)

2.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Certification of Permanent Removal of Fuel from the Reactor Vessel for Duane Arnold Energy Center," dated October 12, 2020 (ADAMS Accession No. ML20286A317)

3.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Regulatory Path to Reauthorization of Power Operations," dated January 23, 2025 In accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.12, "Specific exemptions", and consistent with Inspection Manual Chapter 2562, "Light Water Reactor Inspection Program for Restart of Reactor Facilities Following Permanent Cessation of Power Operations" ("IMC 2562"), NextEra Energy Duane Arnold, LLC ("NextEra") hereby requests exemption from 10 CFR § 50.82(a)(2) for the Duane Arnold Energy Center ("DAEC") to allow a one-time rescission of the docketed 10 CFR § 50.82(a)(1) certifications. Upon docketing the 10 CFR § 50.82(a)(1) certifications for permanent cessation of operations (Reference 1) and permanent removal of fuel from the reactor vessel (Reference 2), 10 CFR § 50.82(a)(2) no longer authorizes operation of the DAEC reactor or emplacement or retention of fuel in the DAEC reactor vessel. This exemption request is necessary to enter the restart phase for the current renewed facility license that expires on February 21, 2034.1 The DAEC facility license has not been terminated and remains valid, though it currently does not authorize operation. The transition of DAEC from an operating nuclear plant to a facility in decommissioning occurred on October 12, 2020, when the 10 CFR § 50.82(a){l){ii) certification was docketed (Reference 2). On May 31, 2022, other previously approved license amendments and exemptions that reduced regulatory requirements to facilitate decommissioning at DAEC were implemented. NextEra has not commenced a "major decommissioning activity" at DAEC, as defined by 10 CFR § 50.2, "Definitions".

1 As noted in Reference 3, NextEra intends to separately seek "subsequent license renewal" from the NRC for the DAEC operating license.

NextEra Energy Duane Arnold, LLC 3277 DAEC Road, Palo, IA 52324

L-2025-002 Page 2 of 2 In addition to this exemption request, NextEra intends to submit license amendments that will reinstate regulatory requirements to support power operations in accordance with the facility licensing basis that were in effect prior to shutdown.

The Enclosure to this letter provides the justification for the requested exemption.

To coordinate implementing this requested exemption, after NRC approval of the supporting regulatory actions, and consistent with IMC 2562, NextEra plans to submit a notification of readiness to transition to power operations letter to the NRC certifying that the exemption implementation conditions and the license amendments effectiveness conditions are met, and that the 10 CFR § 50.82(1) certifications are rescinded.

Pursuant to IMC 2562, after NRC documents the licensee's readiness to restart, all inspection cornerstones are transitioned back to the Reactor Oversight Process, all operating licensing actions are implemented, and NextEra makes a final decision to restart operations, DAEC will transition back to a power operations plant.

This letter contains no new and no revised regulatory commitments.

If you have any questions regarding this matter, please contact Robert Craven, Vice President Nuclear, at 561-805-2554.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on January 23, 2025 Sincerely, Executive Vice President, Nuclear Division and Chief Nuclear Officer

Enclosure:

Request for Exemption from 10 CFR § 50.82(a)(2)

Cc:

NRC Region Ill Administrator NRC Decommissioning Inspector NRC NMSS Project Manager Designated Iowa State Official

Enclosure to L-2025-002 Duane Arnold Energy Center Request for Exemption from 10 CFR § S0.82(a)(2)

L-2025-002 Enclosure Page 2 of 11 1.0 PROPOSED EXEMPTION

2.0 BACKGROUND

3.0 DETAILED DESCRIPTION 4.0 ENVIRONMENTAL Request for Exemption from 10 CFR § 50.82(a)(2)

Table of Contents 3

3 4

6 5.0 JUSTIFICATION FOR EXEMPTION 6

6.0 SPECIAL CIRCUMSTANCES 8

7.0 PRECEDENT 10

8.0 CONCLUSION

10

9.0 REFERENCES

10

L-2025-002 Enclosure Page 3 of 11 1.0 PROPOSED EXEMPTION In accordance with the requirements of Title 10 of the Code of Federal Regulations ("10 CFR") Section 50.12, "Specific exemptions", NextEra Energy Duane Arnold, LLC "NextEra"), hereby requests exemption from 10 CFR § 50.82(a)(2) to allow for a one-time rescission of the Duane Arnold Energy Center ("DAEC")

docketed 10 CFR § 50.82(a)(1) certifications submitted on August 27, 2020 and October 12, 2020 (References 2 and 3), in order to remove the restrictions that prohibit operation of the DAEC reactor or emplacement or retention of fuel into the DAEC reactor vessel. The proposed exemption would allow resumption of power operations at DAEC after U.S. Nuclear Regulatory Commission ("NRC") approval of license amendments necessary to reinstate the DAEC Renewed Facility License ("RFL") power operations license basis ("POLB"). Once approved, this exemption, rescission of the 10 CFR § 50.82(a)(1) certifications and the associated license amendments will be implemented at DAEC on the same date; the "transition date" per IMC 2562.

To coordinate implementing this requested exemption, after NRC approval of the supporting regulatory actions, NextEra is proposing to submit a notification of readiness to transition to power operations to the NRC affirming that the exemption implementation conditions and the license amendments effectiveness conditions are met, and that the 10 CFR § 50.82(1) certifications are rescinded. Upon NRC approval and NextEra's final decision to resume operations, DAEC then will transition the restart phase back to an operating nuclear power plant.

2.0 BACKGROUND

DAEC is a General Electric Type 4 Boiling Water Reactor with a net electrical output capability of 615 MWe. It is located in Palo, Iowa, approximately nine miles northwest of Cedar Rapids, bordered by neighboring farm fields and the banks of the Cedar River. DAEC began operating under a full power operating license in 1974. It is Iowa's only nuclear power plant. NextEra had hundreds of employees working at DAEC during normal operations with annual salaries of approximately $85 million. Staffing increased to nearly 1,500 workers onsite during planned refueling outages.

On January 18, 2019, NextEra provided formal notification to NRC of its intent to permanently cease power operations at DAEC in the fourth quarter 2020 (Reference 1). At the time, the outlook for energy market prices for the facility meant that the plant could not economically continue long-term operations.

In August 2020, prior to planned shutdown in October 2020, eastern Iowa experienced a derecho event, with unprecedented winds that caused damage to the DAEC non-safety mechanical draft cooling towers.2 Subsequent to the derecho, NextEra determined that repairs would be extensive and too costly to justify implementation to allow return to power operation. On August 27, 2020, NextEra submitted a "Certification of Permanent Cessation of Power Operations" (Reference 2), following the derecho and permanent shutdown.

2 There were two mechanical draft cooling towers, with 12 cells each, that provided cooling water to support operation of the turbine generator, using makeup water from the Cedar River.

L-2025-002 Enclosure Page 4 of 11 Since the shutdown in 2020, demand for electricity from commercial and industrial customers has rapidly increased, particularly for sources of high capacity, carbon-free sources of electricity. This demand from customers has prompted NextEra to apply to the NRC to pursue reinstatement of the DAEC Operating License conditions.

Consequently, NextEra seeks to pursue reinstatement of the DAEC Operating License using the regulatory path set forth in Inspection Manual Chapter 2562, "Light Water Reactor Inspection Program for Restart of Reactor Facilities Following Permanent Cessation of Power Operations" nMc 2562") and similar to that being followed by the licensed operators of the Palisades Nuclear Plant and Crane Clean Energy Center.

This exemption request to rescind the docketed 10 CFR § 50.82{a){1) certifications will remove the restriction on placement of fuel into the DAEC reactor vessel, and reauthorize power operations of the DAEC reactor, and is required in conjunction with the requisite regulatory submittals that will reinstate the operational licensing basis to allow for the repowering of DAEC.

In August and October 2020, NextEra submitted to the NRC the 10 CFR § 50.82{a){1) certifications of the permanent cessation of power operations at DAEC and the permanent removal of fuel from the DAEC reactor vessel (References 2 and 3). On October 13, 2020, the NRC informed NextEra that the reactor oversight process at DAEC had been terminated and that the NRC decommissioning inspection program was now applicable to DAEC (Reference 4).

During the period from January 2019 to March 2021, NextEra submitted numerous licensing actions requests (requests for amendments and exemptions) to the NRC in order to implement the transition of DAEC from a power operations plant to a facility in decommissioning. These requests were voluntary and consistent with those submitted by other nuclear power plants that had previously permanently shut down and defueled.

On October 14, 2020, NextEra implemented the Permanently Defueled Technical Specifications ("POTS")

and supporting RFL amendment, with the remaining RFL amendments and exemptions that modified the regulatory requirements to reflect a facility in decommissioning all implemented on May 31, 2022.

However, NextEra has not commenced a "major decommissioning activity" at DAEC, as defined by 10 CFR § 50.2, "Definitions".

As discussed above, the repowering of DAEC is important to support sustained growth of U.S. electrical power generation. Finally, the above discussion describes the special circumstances that exist resulting in the need for this exemption request.

3.0 DETAILED DESCRIPTION NextEra is proposing a regulatory path to transition DAEC back to an operating nuclear power plant that includes similar licensing actions to those taken when DAEC was transitioned from an operating nuclear power plant to a facility in decommissioning, consistent with IMC 2562, which will provide DAEC licensing basis continuity from power operations, to decommissioning, and back to power operations.

L-2025-002 Enclosure Page 5 of 11 The regulatory path for the reauthorization of power operations at DAEC includes submitting a request for exemption from 10 CFR § 50.82(a)(2). That regulation states:

"Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, or when a final legally effective order to permanently cease operations has come into effect, the 10 CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel."

NextEra is requesting a one-time rescission of the docketed 10 CFR § 50.82(a)(1) certifications NextEra submitted for DAEC on August 27, 2020 (Reference 2) and on October 12, 2020 (Reference 3), to remove the restrictions that prohibit operation of the DAEC reactor or emplacement or retention of fuel into the DAEC reactor vessel. These restrictions imposed by the voluntary docketing of the 10 CFR § 50.82{a)(1) certifications were used as the basis for licensing actions that modified the facility licensing basis to facilitate the then-expected permanent shutdown and defueling of the reactor. Implementation of the NRC approved licensing actions included revising the DAEC licensing basis to accurately reflect the status and reduced risk of a facility in decommissioning. No major decommissioning activities, as defined in 10 CFR § 50.2, "Definitions", occurred at DAEC to support that transition, and none have occurred since.

This requested exemption along with requested license amendments ("LARs") are required to reinstate the DAEC POLB that was in effect just prior to the 10 CFR § 50.82(a)(1) certifications. Once approved, this exemption, and rescission of the 10 CFR § 50.82(a)(1) certifications will occur on the same date that the requisite license amendments will become effective. NextEra is proposing to coordinate this transition by submitting a notification of readiness to transition to power operations letter to the NRC, docketing that the exemption implementation conditions and the license amendments effectiveness conditions are met, and that the 10 CFR § 50.82(1) certifications are rescinded. Upon NRC approval, DAEC will transition back to an operating nuclear power plant. The date on which NRC documents DAEC's readiness for restart will henceforth be referred to as the "transition date."

This exemption request is the first step in the licensing path described in IMC 2562 and will begin the restart phase of the reactor facility inspection program. Once granted, the requested one-time exemption from 10 CFR § 50.82(a)(2) will allow NextEra to rescind the docketed decommissioning certifications once the exemption implementation requirements are met. Rescission of the 10 CFR § 50.82(a)(1) certifications will allow removal of the restriction on loading fuel into the DAEC reactor vessel and reauthorize operation of the DAEC reactor. The exemption is necessary, along with certain licensing submittals that will reinstate the POLB, to allow for restarting DAEC.

The supporting licensing actions that will reinstate the DAEC POLB, include the following:

A LAR to reinstate the DAEC Renewed Facility Operating License ("RFOL") operating TS by amending the POTS technical and administrative sections to reflect an operating nuclear power plant; LARs to amend the DAEC RFOL for Emergency Plan and Emergency Action Levels; Physical Security Plan; Cyber Security Plan; Fire Protection Plan; and Quality Assurance Program to support a power operations plant.

Submittals to reinstate various industry standard exemptions and NRC Order relaxations that were granted to DAEC based on a facility in decommissioning status that are no longer applicable to a power operations plant.

L-2025-002 Enclosure Page 6 of 11 An Operational Readiness Letter to verify and document the completion of plant restoration activities and serve as notice that the facility is ready to load fuel and to recommence commercial operations.

In conjunction with the implementation of the foregoing licensing actions, the Updated Final Safety Analysis Report ("UFSAR"), now titled the Defueled Safety Analysis Report ("DSAR"), will be updated, via the 10 CFR § 50.59, "Changes, tests and experiments", process to reflect the docketed version that was in effect prior to the 10 CFR § 50.82(a)(1) certifications, DAEC UFSAR Revision 25 (Reference 5). Any DSAR retained changes to UFSAR Revision 25 have been or will be evaluated via the 10 CFR § 50.59 process against UFSAR Revision 25 to determine if NRC approval is required prior to exiting the period of decommissioning. This will include reinstatement of accident analyses and the safety reclassification of systems, structures, and components ("SSCs"), required to support the DAEC POLB. Changes made to the UFSAR after Revision 25 will be evaluated for retention, to the extent appropriate for an operating plant. The DSAR revision back to the DAEC POLB UFSAR will be accomplished under the 10 CFR § 50.59 process and be implemented coincident with the associated license amendments.

NRC Orders and industry initiatives that are applicable to DAEC power operations will be reviewed to ensure compliance on the transition date.

Regulatory required programs and operational procedures will be reinstated to support power operations. These programs will include the Quality Assurance Program, lnservice Inspection Program, and Emergency Operating Procedures, among others.

DAEC NRC commitments applicable to power operations that were closed based on the 10 CFR § 50.82(a)(1) certifications will be evaluated for restoration on the transition date. DAEC will evaluate regulatory commitments that were closed to reflect a facility in decommissioning and reinstate commitments applicable to power operations, as required. The guidance in NEI 99-04, "Guidelines for Managing NRC Commitment Changes", will be used to complete the evaluations.

4.0 ENVIRONMENTAL IMC 2562 provides: "It is anticipated that the NRC's review of licensing actions to restore the operating basis of the facility will occur concurrently with the implementation of the Restart of Reactor Facilities Inspection Process." Along with the necessary licensing actions to restore the operating basis, NextEra anticipates submitting an Environmental Report to the NRC in the fourth quarter 2025 that provides the necessary information for NRC to conduct an Environmental Assessment pursuant to the National Environmental Policy Act.

In addition to the environmental work associated with NRC licensing activities, NextEra will work with other state and federal agencies to obtain environmental permits and reviews as necessary to restore DAEC to power operations.

5.0 JUSTIFICATION FOR EXEMPTION In accordance with 10 CFR § 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of Part 50 which are

L-2025-002 Enclosure Page 7 of 11

1) authorized by law, 2) will not present an undue risk to the public health and safety, and 3) are consistent with the common defense and security. 10 CFR § 50.12 also states that the Commission will not consider granting an exemption unless special circumstances are present. Each of these prongs is discussed below.

5.1 The Exemption is Authorized by Law The requested exemption to 10 CFR § 50.82(a)(2) to allow a one-time rescission of the docketed 10 CFR § 50.82(a)(1) certifications does not violate the Atomic Energy Act of 1954, as amended, or the Commission's regulations. In its 2021 denial of a petition for rulemaking proposing a restart specific framework (Reference 6) the Commission recognized that the existing regulatory framework supports resumption of power operations after docketing the 10 CFR § 50.82(a)(1) certifications. In addition, the NRC acknowledged that such an exemption request is authorized by law by issuing IMC 2562, which describes a restart approach that includes a request for exemption from the requirements of 10 CFR § 50.82. Therefore, the exemption is authorized by law.

5.2 The Exemption will Not Present an Undue Risk to Public Health and Safety NextEra will need to satisfy regulatory requirements applicable to the preparation and submittal of a sufficient operating authority application and LARs to allow rescission of the docketed 10 CFR § 50.82(a)(1) certifications and remove the restriction on placement of fuel into the DAEC reactor vessel and operation of the DAEC reactor. The requested exemption to 10 CFR § 50.82(a)(2) to allow for a one-time rescission of the 10 CFR § 50.82(a)(1) certifications after docketing supports restoration of the DAEC POLB that complied with NRC regulations.

The LARs will reinstate the DAEC POLB that was in effect prior to docketing the 10 CFR § 50.82(a)(1) decommissioning certifications and complied with NRC regulations. Plant SSCs will be returned to an operable or functional status through system return to service plans ensuring support of the reinstated POLB.

The DAEC POLB that was in effect prior to docketing the 10 CFR § 50.82(a)(1) decommissioning certifications complied with NRC regulations. Restoration of the DAEC POLB through NRC review and approval of the LARs will also comply with NRC regulations. Additionally, NRC inspection activities during development and implementation of the return to service plans provide added assurance that SSCs will function as required by the reinstated POLB. The requested exemption, along with supporting LARs will reinstate the DAEC operating license basis, which was in effect prior to docketing the 10 CFR § 50.82(a)(1) decommissioning certifications and complied with NRC regulations. IMC 2562 provides that when the NRC has verified adequate operational readiness to ensure reasonable assurance of adequate protection of public health and safety, and the applicable restart licensing actions have been issued, the NRC will authorize transition of the facility to the ROP. Therefore, this exemption will not present an undue risk to public health and safety.

L-2025-002 Enclosure Page 8 of 11 5.3 The Exemption is Consistent with the Common Defense and Security Allowing a one-time rescission of the decommissioning certifications does not alter the design, function, or operation of any structures or plant equipment that is necessary to maintain the safe and secure status of the plant and will not adversely affect NextEra's ability to physically secure the site or protect special nuclear material. DAEC's safeguards and security programs will remain in full effect within regulatory requirements commensurate with the reinstated POLB.

Therefore, the proposed exemption is consistent with the common defense and security.

6.0 SPECIAL CIRCUMSTANCES 10 CFR § 50.12(a)(2) states that the Commission will not consider granting an exemption unless special circumstances are present and identifies in 10 CFR §§ 50.12(a)(2)(i)-(vi) when special circumstances are present. Special circumstances are applicable to this exemption and are discussed below.

6.1 Application of the Regulation Does Not Serve the Underlying Purpose of the Rule 10 CFR § 50.12(a)(2)(ii) states, "Application of the Regulation in the particular circumstances would not serve the underlying purpose of the rule."

Granting NextEra's exemption request from 10 CFR § 50.82(a) would not be in conflict with the underlying purpose of the rule nor would denying the exemption be necessary to achieve the underlying purpose of the rule. While the purpose of 10 CFR § 50.82(a)(2) is to prohibit the operation of the reactor or emplacement or retention of fuel in the reactor vessel upon docketing the decommissioning certifications required by 10 CFR § 50.82(a)(l), nothing in the rulemaking record suggests that the purpose was to make these actions irreversible. The rule language is, in fact, silent on this.

Also, nothing in the rulemaking record states that the written certifications cannot be withdrawn or that the 10 CFR § 50.82(a)(2) prohibition cannot be reversed after the certifications are withdrawn. NRC has acknowledged that it is not contrary to the underlying purpose of 10 CFR § 50.82 for the certifications to be withdrawn and the operation and fuel loading prohibition to be lifted; for example, in its 2021 denial of a petition for rulemaking proposing a restart specific framework, NRC stated "[w]hile current regulations do not specify a particular mechanism for reauthorizing operation of a nuclear power plant after both certifications are submitted, there is no statute or regulation prohibiting such action."

(Reference 6). Furthermore, in a 2016 letter on the same subject, the NRC stated that "[t]he docketing of the two certifications will result in a permanent cessation of operations but will not result in permanent irreversible termination of the operating license." (Reference 7).

Given the lack of contrary information in the rulemaking record for Section 50.82 and the NRC's own statements and actions with respect to permitting the restart of reactors that have submitted the 10 CFR § 50.82(a)(l) certifications, the underlying purpose of the rule would continue to be served were NRC to grant this exemption request and lift the prohibition once NextEra satisfies NRC's requirements necessary to reinstate the POLB.

L-2025-002 Enclosure Page 9 of 11 Accordingly, this special circumstance is present to justify the requested exemption.

6.2 Material Circumstances Present Not Considered when Regulation was Adopted 10 CFR § 50.12(a)(2)(vi) states: "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."

NextEra's exemption request presents material circumstances that were not considered when the current decommissioning requirements in Section 50.82(a) were adopted, and it would be in the public interest to grant the exemption. With respect to this specific exemption criterion, the Commission explained when it issued the current exemption rule and the special circumstances that "[a]lthough the Commission believes that the conditions in §§ 50.12(a)(2)(i) through 50.12(a)(2)(v) will cover most requests in which an exemption could reasonably be granted,

§ 50.12(a)(2)(vi) recognizes that there may be circumstances, which could not have been foreseen in developing the conditions in§ 50.12(a)(2)(i) through 50.12(a)(2)(v), in which it would be equitable to provide relief from the regulations." (Reference 8). The Commission also made clear that "the Commission does not believe that the 'special circumstances' criteria of

§ 50.12(a)(2) would preclude consideration of [novel proposals]." (Reference 8).

Restarting a nuclear power plant that has shutdown and entered into the decommissioning process is undoubtedly a "material circumstance not considered when the regulation was adopted." NextEra docketed the 10 CFR § 50.82(a)(1) certifications at a time when the economic conditions did not justify continued operation of DAEC. However, since that time, the power market has grown and the demand for clean energy generation is steadily increasing.

Compliance would preclude restoring DAEC to power operation, which would substantially delay growth of the power generation capacity in the eastern Iowa area.

Most importantly, nowhere in the Commission's regulations does the language state or imply that the withdrawal of those certifications and the reversal of the prohibition in Section 50.82(a)(2) are prohibited. Further, nothing in the rulemaking records suggests that the Commission had considered the possibility that a plant would exit the decommissioning process after the submission of the Section 50.82(a)(1) certifications when the current requirements were issued in 1996. This is further evidenced by the fact that the NRC has expressly acknowledged that nothing in the rule expressly or implicitly forbids the restart of a nuclear plant that has submitted the Section 50.82(a)(1) certifications (Reference 6). Most recently, this is reflected in the NRC's issuance of IMC 2562 and other steps taken with respect to the NRC considering the restart of the Palisades Nuclear Plant.

These material circumstances were not considered when the regulation was adopted and as such, in NextEra's view, it is in the public interest to grant this exemption. Accordingly, this additional special circumstance is present to justify this exemption request.

L-2025-002 Enclosure Page 10 of 11 7.0 PRECEDENT There are two precedent licensing actions. Holtec International ("Holtec") currently is in the process of returning the Palisades Nuclear Plant to power operations (Reference 9). The NRC has since accepted that request for exemption, finding that it provided technical safety information in sufficient detail to enable the NRC staff to complete its detailed technical safety review (Reference 10). Constellation Energy Generation, LLC ("Constellation") also has begun the process of returning Crane Clean Energy Center, to power operations. (Reference 11). NextEra is monitoring the progress made by Holtec and Constellation and will make adjustments as appropriate, based on lessons learned from those precedential actions.

Additionally, the NRC has issued IMC 2562, which includes the alternative of submittal of an exemption from the requirements of 10 CFR § 50.82 to allow placing fuel in the reactor and authorization of operation of the reactor. The NRC also considered the possibility of returning a plant to power operations as mentioned in NRC Regulatory Guide 1.184, "Decommissioning of Nuclear Power Reactors" (Reference 12), and its 2021 "Denial of Petition for Rulemaking on Criteria to Return Retired Power Reactors to Operations" (Reference 6}. Thus, the NRC has concluded that it may address such requests under the existing regulatory and guidance framework-including granting exemptions, where needed-on a case-by-case basis.

8.0 CONCLUSION

Pursuant to the provisions of 10 CFR § 50.12, NextEra is requesting an exemption, from 10 CFR § 50.82{a)(2) to allow a one-time rescission of the docketed decommissioning certifications. Based on the considerations discussed above, NextEra proposes that the requested exemption is authorized by law, will not present an undue risk to the public health and safety, is consistent with the common defense and security, and special circumstances are present.

9.0 REFERENCES

1.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Certification of Permanent Cessation of Power Operations," dated January 18, 2019 (ADAMS Accession No. ML19023A196)

2.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Certification of Permanent Cessation of Power Operations," dated August 27, 2020 (ADAMS Accession No. ML20240A067)

3.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Certification of Permanent Removal of Fuel from the Reactor Vessel for Duane Arnold Energy Center," dated October 12, 2020 (ADAMS Accession No. ML20286A317)

4.

U.S. Nuclear Regulatory Commission letter to NextEra, "Termination of Reactor Oversight Process for Duane Arnold Energy Center and Commencement of Decommissioning Inspection Program," dated October 13, 2020 (ADAMS Accession No. ML20287A352)

5.

Letter from NextEra Energy Duane Arnold, LLC to USN RC, "Transmittal of the DAEC Defueled Safety Analysis Report Revision O," dated March 29, 2021 (ADAMS Accession No. ML21102A195)

6.

Petition for Rulemaking; Denial - Criteria to Return Retired Nuclear Power Reactors to Operation, 86 Fed. Reg. 24362, dated May 6, 2021

L-2025-002 Enclosure Page 11 of 11

7.

Letter to David A. Kraft, Director, Nuclear Energy Information Services, from Christine Lipa (acting for John B. Geissner), Director, Division of Nuclear Materials Safety, U.S. Nuclear Regulatory Commission, dated August 4, 2016 (ADAMS Accession No. ML16218A266}

8.

Final Rule, Specific Exemptions; Clarification of Standards, 50 Fed. Reg. 50764, dated December 12,1985

9.

Holtec Decommissioning International, LLC letter to U.S. Nuclear Regulatory Commission, "Request for Exemption from Certain Termination of License Requirements of 10 CFR 50.82(a)(1)," dated September 28, 2023 (ADAMS Accession No. ML23271A140)

10. U.S. Nuclear Regulatory Commission "Palisades Nuclear Plant-Acceptance of Requested Licensing Action Re: Request for Exemption From 10 CFR S0.82(a)(2) to Support Reauthorization of Power Operations," dated November 3, 2023 (ADAMS Accession No. ML23291A440)

11. Constellation letter to U.S. Nuclear Regulatory Commission, "Regulatory Path to Reauthorize Power Operations," dated November 4, 2024 (ADAMS Accession No. ML24310A104)

12. U.S. Nuclear Regulatory Commission Regulatory Guide 1.184, "Decommissioning of Nuclear Power Reactors," Revision 1, dated October 4, 2013 (ADAMS Accession No. ML13144A840)