ML20059P124
| ML20059P124 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 02/28/2020 |
| From: | Kayla Gamin NRC/OGC |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-277-SLR, 50-278-SLR, ASLBP 19-960-01-SLR-BD01, RAS 55588 | |
| Download: ML20059P124 (5) | |
Text
February 28, 2020 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of EXELON GENERATION COMPANY, LLC Docket Nos. 50-277-SLR 50-278-SLR Peach Bottom Atomic Power Station, Units 2 and 3 NOTIFICATION OF NRC STAFF COMMUNICATION WITH THE COMMISSION The NRC Staff hereby provides notice of its written communication to the Commission, consistent with the Staffs licensing responsibilities and the provisions of 10 C.F.R.
§§ 2.340(a)(2) and 2.341(e). Specifically, on February 27, 2020, the Staff transmitted a Memorandum to the Commission from Ho K. Nieh (Director, Office of Nuclear Reactor Regulation (NRR)), entitled Subsequent Renewal of Renewed Facility Operating Licenses for the Peach Bottom Atomic Power Station, Units 2 and 3 (Memorandum).
The Memorandum (a) summarized the current status of the Staffs review of the Peach Bottom subsequent license renewal application and related proceedings, (b) stated the Staffs determination that issuance of the subsequent renewed licenses would not foreclose or prejudice Commission action on the pending appeals or a subsequent petition for judicial review, and (c) stated that, unless the Commission directed otherwise, the Director of NRR intends to issues the subsequent renewed licenses for Peach Bottom Units 2 and 3 on or after March 3, 2020.
A copy of the Memorandum is attached to this Notification.
Respectfully submitted,
/Signed (electronically) by/
Kayla Gamin Counsel for the NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9234 E-mail: Kayla.Gamin@nrc.gov Dated at Rockville, MD this 28th day of February 2020
February 27, 2020 MEMORANDUM TO: Chairman Svinicki Commissioner Baran Commissioner Caputo Commissioner Wright FROM: Ho K. Nieh, Director /RA Robert Taylor for/
Office of Nuclear Reactor Regulation
SUBJECT:
SUBSEQUENT RENEWAL OF RENEWED FACILITY OPERATING LICENSES FOR THE PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 The staff has completed its safety and environmental reviews of the Subsequent License Renewal Application for Peach Bottom Atomic Power Station, Units 2 and 3 (Peach Bottom),
consistent with the schedule and milestones established in response to the Nuclear Energy Innovation and Modernization Act. The staff requirements memorandum on SECY-02-0088, Turkey Point Nuclear Plant, Units 3 and 4, Renewal of Full-Power Operating Licenses, dated June 5, 2002 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML021560479), authorizes the Director of the Office of Nuclear Reactor Regulation (NRR) to issue all future uncontested license renewals without prior Commission authorization, once the Director of NRR has made the appropriate findings. In accordance with the staff requirements memorandum on COMSECY-05-0025, Renewal of Full-Power Operating License for Arkansas Nuclear One, Unit 2, dated July 25, 2005 (ADAMS Accession No. ML052060234),
the staff is informing the Commission that it plans to issue the Subsequent Renewed Facility Operating License Nos. DPR-44 and DPR-56 for Peach Bottom, Units 2 and 3, respectively, on or after March 3, 2020.
By letter dated July 10, 2018 (ADAMS Accession No. ML18193A689), Exelon Generation Company, LLC (Exelon, the applicant) submitted an application to renew the Renewed Facility Operating License Nos. DPR-44 and DPR-56, for Peach Bottom, Units 2 and 3, respectively, as supplemented by letters through October 9, 2019 (ADAMS Accession No. ML19283A362).
The staff reviewed the subsequent license renewal application in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, and 10 CFR Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants.
CONTACT: Eric Oesterle, NRR/DNRL 301-415-1014
The Commissioners The staff documented the results of its safety review in the Safety Evaluation Report Related to the Subsequent License Renewal of Peach Bottom Atomic Power Station, Units 2 and 3, which was issued final and made publicly available in February 2020 (ADAMS Accession No. ML20044D902).
As of the date of this memorandum, the adjudicatory proceeding before the Atomic Safety and Licensing Board (ASLB) is terminated by ASLBs Memorandum and Order, which was issued on June 20, 2019 (LBP-19-5) (ADAMS Accession No. ML19171A159). The July 15, 2019, appeal of LBP-19-5 is pending before the Commission. Also pending are the petitioners September 3, 2019, motion for leave to file a new contention, the petitioners October 12, 2019, reply and motion for leave to reply to oppositions to its motion to reopen, and staff and licensee oppositions to those filings.
The staff documented the results of its environmental review in a final supplemental environmental impact statement, which was made publicly available in January 2020, as NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 10, Second Renewal, Regarding Peach Bottom Atomic Power Station Units 2 and 3, Final Report (ADAMS Accession No. ML2002A937). The staff informed the Commission (and counsel for the licensee and the petitioner) of the availability of the final supplemental environmental impact statement on February 11, 2020 (ADAMS Accession No. ML20042F834); the Environmental Protection Agency (EPA) has until March 2, 2020, to submit comments on the final supplemental environmental impact statement.
In accordance with 10 CFR 54.25, Report of the Advisory Committee on Reactor Safeguards, the Advisory Committee on Reactor Safeguards (ACRS) reviewed the license renewal application for Peach Bottom. The ACRS completed its review during its 669th meeting, held on December 4, 2019, and documented its findings in a letter to the Commission dated December 19, 2019 (ADAMS Accession No. ML19353D382), recommending subsequent renewal of the Peach Bottom Atomic Power Station, Units 2 and 3, licenses.
The U.S. Nuclear Regulatory Commission staff has determined that although the subsequent renewed licenses for Peach Bottom, Units 2 and 3, will become effective immediately upon issuance, the staffs proposed action would not foreclose or prejudice Commission action of the pending appeals or a subsequent petition for judicial review. Therefore, unless otherwise directed, the Director of NRR intends to prepare a record of decision as required by 51.102 and 51.103 and issue Subsequent Renewed Facility Operating License Nos. DPR-44 and DPR-56 for Peach Bottom, Units 2 and 3, respectively, on or after March 3, 2020.
Docket Nos. 50-277 and 50-278 cc: SECY EDO OGC OCA OPA CFO
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of EXELON GENERATION COMPANY, LLC Docket Nos. 50-277-SLR 50-278-SLR Peach Bottom Atomic Power Station, Units 2 and 3 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the foregoing NOTIFICATION OF NRC STAFF COMMUNICATION WITH THE COMMISSION, dated February 28, 2020, have been served via the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 28th day of February 2020.
/Signed (electronically) by/
Kayla Gamin Counsel for the NRC Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9234 E-mail: Kayla.Gamin@nrc.gov Dated at Rockville, MD this 28th day of February 2020