ML20303A323

License Amendment Request - Proposed Defueled Technical Specifications and Revised License Conditions for Permanently Defueled Condition, Part 1 of 5

ML20303A323
Person / Time
Site:	Byron
Issue date:	10/29/2020
From:	Simpson P Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML20304A147	List: ML20303A323 ML20303A325 ML20303A327 RS-20-129, License Amendment Request - Proposed Defueled Technical Specifications and Revised License Conditions for Permanently Defueled Condition, Part 5 of 5
References
RS-20-129
Download: ML20303A323 (30)

Text

Exelon Generation RS-20-129 4300 Winfield Road Warrenville, IL 60555 630 657 2000 Office 10 CFR 50.90 October 29, 2020 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Byron Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. STN 50-454 and STN 50-455

Subject:

License Amendment Request - Proposed Defueled Technical Specifications and Revised License Conditions for Permanently Defueled Condition

References:

1. Letter from J. Bradley Fewell (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "Certification of Permanent Cessation of Power Operations for Byron Station, Units 1 and 2," dated September 2, 2020 (NRC Accession No. ML20246G613)

2. Letter from Patrick R. Simpson (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "Request for Approval of Certified Fuel Handler Training Program and Retraining Program," for Byron Station, Units 1 and 2, and Dresden Nuclear Power Station, Units 1, 2 and 3, dated September 24, 2020 (NRC Accession No. ML20269A233)

3. Letter from Patrick R. Simpson (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "License Amendment Request-Proposed Changed to Technical Specifications Section 1.1, 'Definitions,'

and 5.0, 'Administrative Controls,' for Permanently Defueled Condition,"

dated September 24, 2020 (NRC Accession No. ML20269A401)

In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (Exelon) requests amendments to the Renewed Facility Operating Licenses (RFOLs) and Appendix A, Technical Specifications (TS),

of RFOL Nos. NPF-37 and NPF-66 for Byron Station, Units 1 and 2 (Byron). The proposed amendments revise the RFOLs and TS consistent with the permanent cessation of operation and defueling of the reactors. The revised RFOLs and TS will be identified as the Byron Permanently Defueled Technical Specifications (POTS).

By letter dated September 2, 2020 (Reference 1 ), Exelon provided formal notification to the U.S. Nuclear Regulatory Commission (NRC) of Exelon's determination to permanently cease operations at Byron on or before September 30, 2021. Once the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessels are submitted to

October 29, 2020 U.S. Nuclear Regulatory Commission Page 2 the NRC pursuant to 10 CFR 50.82(a)(1 ), NRC regulations stipulated in 10 CFR 50.82(a)(2) will no longer authorize operation of the reactors or emplacement of fuel into the reactor vessels under the 10 CFR 50 licenses. In support of this condition, the Byron RFOLs and associated TS are being proposed for revision to reflect the planned permanent shutdown and defueled condition in accordance with 10 CFR 50.36(c)(6), "Decommissioning."

The bases for the proposed amendments are that certain license conditions, TS requirements, and current licensing basis may be revised or removed to reflect the permanently defueled condition. In general, the changes propose the elimination of those TS applicable in operating conditions where fuel is placed in the reactor vessels. Changes to other TS limiting conditions for operation, definitions, surveillance requirements, administrative controls and license conditions are also proposed. The proposed amendments would modify the 10 CFR 50 licenses and the TS to make those changes.

The NRC is currently reviewing the Certified Fuel Handler Training and Retraining Program that was submitted on September 24, 2020 (Reference 2). In addition, the NRC is currently reviewing proposed changes to the organization, staffing, and training requirements contained in Section 5.0, "Administrative Controls," of the Byron TS that were submitted on September 24, 2020 (Reference 3). These two referenced licensing actions complement and support this proposed license amendment request. to this letter provides a detailed description and evaluation of the proposed changes. Attachments 2 and 3 provide the existing Byron RFOL and TS pages, respectively, marked up to show the proposed changes. TS sections that are deleted in their entirety are identified as such, but the associated deleted pages are not included in Attachment 3.

Proposed changes to the TS Bases addressing the proposed changes to the remaining TS are provided for information in Attachment 4.

The proposed changes have been reviewed by the Byron Plant Operations Review Committee in accordance with the requirements of the Exelon Quality Assurance Program.

Exelon requests approval of the proposed amendments by August 16, 2021, to support the current schedule for the Byron transition to a permanently defueled facility. Exelon requests that the approved amendments become effective following the submittal of the required 10 CFR 50.82(a)(1 )(ii) certification that Byron, Units 1 and 2, have been permanently defueled.

Once approved, the amendments shall be implemented within 60 days from the effective date of the amendments. As discussed in Attachment 1, a 70-day decay period following permanent shutdown is needed to meet the dose limits for the Fuel Handling Accident. In order to implement the POTS within 60 days following permanent defueling, Exelon is requesting two license conditions, one for each unit, as proposed in Attachment 1, that restricts handling of irradiated fuel in the spent fuel pool during that 70-day time period following permanent shutdown.

In accordance with 10 CFR 50.91, "Notice for public comment; State consultation," paragraph (b),

Exelon is notifying the State of Illinois of this application for license amendment by transmitting a copy of this letter and its attachments to the designated State Officials.

There are no regulatory commitments contained within this submittal.

October 29, 2020 U.S. Nuclear Regulatory Commission Page 3 Should you have any questions concerning this submittal, please contact Ms. Lisa Simpson at (630) 657-2815.

I declare under penalty of perjury that the foregoing is true and correct. Executed on the 29th day of October 2020.

Patrick R. Simpson Sr. Manager - Licensing Exelon Generation Company, LLC Attachments: 1. Evaluation of Proposed Changes

2. Markup of Renewed Facility Operating License Nos. NPF-37 and NPF-66

3. Markup of Technical Specifications Pages

4. Markup of Technical Specifications Bases Pages (For Information Only) cc:

w/ Attachments NRC Regional Administrator, Region Ill NRC Senior Resident Inspector - Byron Station NRC Project Manager, NRR - Byron Station Illinois Emergency Management Agency - Division of Nuclear Safety

ATTACHMENT 1 Evaluation of Proposed Changes

Subject:

Proposed Defueled Technical Specifications and Revised License Conditions for Permanently Defueled Condition 1.0

SUMMARY

DESCRIPTION 2.0 DETAILED DESCRIPTION

3.0 REGULATORY EVALUATION

3.1 Applicable Regulatory Requirements/Criteria 3.2 No Significant Hazards Consideration 3.3 Conclusion

5.0 REFERENCES

ATTACHMENT 1 Evaluation of Proposed Changes 1.0

SUMMARY

DESCRIPTION In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (Exelon) requests amendments to the Renewed Facility Operating Licenses (RFOLs) and Appendix A, Technical Specifications (TS),

of RFOL Nos. NPF-37 and NPF-66 for Byron Station, Units 1 and 2 (Byron). The proposed amendments revise the RFOLs and TS consistent with the permanent cessation of operation and defueling of the reactors. The revised RFOLs and TS will be identified as the Byron Permanently Defueled Technical Specifications (POTS).

By letter dated September 2, 2020 (Reference 1 ), Exelon provided formal notification to the U.S. Nuclear Regulatory Commission (NRC) pursuant to 10 CFR 50.4(b)(8) and 10 CFR 50.82(a)(1 )(i) that it would permanently cease operations at Byron on or before September 30, 2021. Once the certifications for permanent cessation of operations and removal of fuel from the reactor vessels are submitted to the NRC pursuant to 10 CFR 50.82(a)(1 ), NRC regulations stipulated in 10 CFR 50.82(a)(2) will no longer authorize operation of the reactors or emplacement or retention of fuel into the reactor vessels under the 10 CFR 50 licenses. In support of this condition, the Byron RFOLs and associated TS are being proposed for revision to reflect the planned permanent shutdown and defueled condition in accordance with 10 CFR 50.36(c)(6), "Decommissioning."

The proposed changes to the RFOLs and TS are in accordance with 10 CFR 50.36(c)(1) through 10 CFR 50.36(c)(5). The proposed changes also include editorial changes to format (i.e., margin, font, tabs, etc.) of content; revised numbering of sections and pages; and the deletion of unused placeholders, where appropriate, to condense the number of pages in the TS without affecting the technical content.

The current Byron TS contain Limiting Conditions for Operation (LCOs) that provide for appropriate functional capability of equipment required for safe operation of the facility, including the safe storage and handling of irradiated fuel. Since the safety function related to safe storage and handling of irradiated fuel at an operating plant is similar to the corresponding function at a permanently defueled facility, the existing TS provide an appropriate level of control. However, the majority of the existing TS are only applicable with the reactors in an operational mode. LCOs and associated Surveillance Requirements (SRs) that will not apply in the permanently defueled condition are being proposed for deletion. The remaining portions of the TS are being proposed for revision and incorporation as the POTS to provide a continuing acceptable level of safety that addresses the reduced scope of postulated design basis accidents associated with a permanently defueled facility.

The proposed changes would become effective following submittal of the certifications required by 10 CFR 50.82(a)(1 ). As discussed below, a 70-day decay period following permanent shutdown is needed to meet the dose limit for the Fuel Handling Accident (FHA). In order to implement the POTS following permanent defueling, Exelon is requesting two license conditions, one for each unit, as proposed below, that restricts irradiated fuel handling during that 70-day time period following permanent shutdown.

Page 1 of 79

Related Licensing Actions ATTACHMENT 1 Evaluation of Proposed Changes By letter dated September 24, 2020 (Reference 2), Exelon submitted a Certified Fuel Handler (CFH) Training and Retraining Program for NRC approval. In addition, by letter dated September 24, 2020 (Reference 3), Exelon submitted a license amendment request (LAR) to the NRC that proposed changes to the organization, staffing, and training requirements in Byron TS Section 1.1, "Definitions," and Section 5.0, "Administrative Controls," which are incorporated into this LAR. The CFH program and the referenced LAR will become effective and will be implemented once the Byron reactors have been defueled and the certifications of permanent removal of fuel from the reactor vessels have been submitted pursuant to 10 CFR 50.82(a)(1 )(ii). These licensing actions complement and support this proposed LAR.

2.0 DETAILED DESCRIPTION The proposed amendments would modify the Byron RFOLs and revise the operating TS into the Byron POTS to comport with a permanently defueled condition, as well as clarifying current licensing bases to reflect the permanently defueled condition. To support the proposed changes, Exelon has evaluated the Design Basis Accidents (DBAs) that will be applicable in a permanently shutdown and defueled condition. Exelon also evaluated the General Design Criteria (GDC) with respect to compliance in the permanently shutdown and defueled condition.

The OBA and GDC evaluations provide the framework for the proposed changes.

Design Basis Accident Analyses Applicable to Proposed Changes Chapter 15 of the Byron Updated Final Safety Analysis Report (UFSAR) contains the DBAs and transient scenarios applicable to Byron, including during power operations. The most severe postulated accidents for a nuclear power plant involve damage to the nuclear reactor core and the release of large quantities of fission products to the reactor coolant system (RCS). Many of the accident scenarios postulated in the UFSAR involve failures or malfunctions of systems that could affect a reactor core.

With the termination of reactor operations at Byron and the permanent removal of fuel from the reactor vessels as certified in accordance with 10 CFR 50.82(a)(1 ), the 10 CFR 50 licenses will no longer authorize operation of the reactor or emplacement or retention of fuel in the reactor vessels, pursuant to 10 CFR 50.82(a)(2); therefore, the majority of the OBA scenarios postulated in the UFSAR will no longer be possible. During decommissioning, the irradiated fuel will be stored in the spent fuel pool (SFP) or in the Independent Spent Fuel Storage Installation (ISFSI) until it is shipped offsite in accordance with the schedules to be provided in the Post Shutdown Decommissioning Activities Report (PSDAR) and the Spent Fuel Management Plan.

With the reactors permanently shutdown and defueled, many associated systems and instrumentation, as well as the turbine generator, will no longer be in operation and will have no function related to the safe storage and handling of irradiated fuel.

Chapter 15 of the Byron UFSAR describes the safety analyses that were evaluated to demonstrate that the plant could be operated safely and that radiological consequences from postulated accidents do not exceed regulatory requirements. Two basic groups of events are pertinent to safety, which are abnormal operational transients and postulated DBAs; these two groups were investigated separately. The analyses of the abnormal operational transients Page 2 of 79

ATTACHMENT 1 Evaluation of Proposed Changes evaluate the ability of the plant protection features to ensure that, during these transients, no fuel damage occurs, and the RCS pressure limit is not exceeded. The safety design limits require that damage to the fuel be limited and that no nuclear system process barrier damage results from any abnormal operational occurrence. Thus, analysis of this group of events evaluates the features that protect the first two radioactive material barriers. Analysis of the events in the second group, postulated DBAs, evaluates situations that require functioning of the engineered safeguards in order to protect the fission product barriers, including containment, in order to minimize the offsite radiological consequences.

Safety analyses are integral of the plant's design and licensing basis. The safety analyses demonstrate the integrity of the fission product barriers, the capability to shutdown the reactors and maintain it in a safe shutdown condition, and the capability to prevent or mitigate the consequences of accidents and transients. Systems, structures, and components (SSCs) that perform design basis functions are credited in the safety analyses for the purpose of mitigating the transient or accident.

The potential accidents or transients have been re-evaluated for the permanently defueled condition where all fuel has been removed from the reactors and placed into the SFP. A list of the Chapter 15 events and a determination regarding whether each applies to a permanently defueled condition is provided in Table 2.1 below. The UFSAR Chapter 15 events that remain applicable to Byron in the permanently shutdown and defueled condition are the FHA in the Fuel Handling Building (FHB), Gas Waste System Leak or Failure, Radioactive Liquid Waste System Leak or Failure, Postulated Radioactive Release Due to Liquid Tank Failure, and Spent Fuel Cask Drop Accident. The FHA within containment is no longer applicable with the reactor permanently defueled.

Table 2.1 UFSAR Permanently Section Postulated Accident or Transient Defueled Aoolicability 15.1 Increase in Heat Removal by the Secondary System 15.1.1 Feedwater System Malfunctions Causinq a Reduction in Feedwater Temperature Not Aoolicable 15.1.2 Feedwater System Malfunctions Causinq an Increase in Feedwater Flow Not Aoolicable 15.1.3 Excessive Increase in Secondarv Steam Flow Not Aoolicable 15.1.4 Inadvertent Openinq of a Steam Generator Relief or Safety Valve Not Aoolicable 15.1.5 Steam System Pipinq Failure at Zero Power Not Aoolicable 15.1.6 Steam System Pipinq Failure at Full Power Not Aoolicable 15.2 Decrease in Heat Removal by the Secondary System 15.2.1 Steam Pressure Regulator Malfunction or Failure that Results in Decreasing Steam Not Applicable Flow 15.2.2 Loss of External Load Not Aoolicable 15.2.3 Turbine Trip Not Aoolicable 15.2.4 Inadvertent Closure of Main Steam Isolation Valves Not Aoolicable 15.2.5 Loss of Condenser Vacuum and Other Events Causing a Turbine Trip Not APPiicabie 15.2.6 Loss of Nonemerqency AC Power to the Plant Auxiliaries (Loss of Offsite Power)

Not Aoolicable 15.2.7 Loss of Normal Feedwater Flow Not Aoolicable 15.2.8 Feedwater System Pipe Break Not Aoolicable 15.3 Decrease in Reactor Coolant System Flow Rate 15.3.1 Partial Loss of Forced Reactor Coolant Flow Not Aoolicable 15.3.2 Complete Loss of Forced Reactor Coolant Flow Not Aoolicable 15.3.3 Reactor Coolant Pump Shaft Seizure (Locked Rotor)

Not Aoolicable 15.3.4 Reactor Coolant Pump Shaft Break Not Aoolicable 15.3.5 Locked Rotor with Loss of Offsite Power Not Aoolicable Page 3 of 79

UFSAR Section 15.4 15.4.1 15.4.2 15.4.3 15.4.4 15.4.5 15.4.6 15.4.7 15.4.8 15.5 15.5.1 15.5.2 15.5.3 15.6 15.6.1 15.6.2 15.6.3 15.6.4 15.6.5 15.6.6 15.7 15.7.1 15.7.2 15.7.3 15.7.4 15.7.5 15.8 ATTACHMENT 1 Evaluation of Proposed Changes Postulated Accident or Transient Reactivity and Power Distribution Anomalies Uncontrolled Rod Cluster Control Assembly Bank Withdrawal from a Subcritical or Low Power Startup Condition Uncontrolled Rod Cluster Control Assembly Bank Withdrawal at Power Rod Cluster Control Assembly Misoperation (System Malfunction or Operator Error)

Startup of an Inactive Reactor Coolant Pump at an Incorrect Temperature A Malfunction or Failure of the Flow Controller in a BWR Loop that Results in an Increased Reactor Coolant Flow Rate Chemical and Volume Control System Malfunction that Results in a Decrease in Boron Concentration in the Reactor Coolant Inadvertent Loading and Operation of a Fuel Assembly in an Improper Position Spectrum of Rod Cluster Control Assembly Eiection Accidents Increase in Reactor Coolant Inventory Inadvertent Operation of Emerqencv Core Coolinq System Durinq Power Operation Chemical and Volume Control Systems Malfunction that Increases Reactor Coolant Inventory A Number of BWR Transients Decrease in Reactor Coolant Inventory Inadvertent Opening of a Pressurizer Safety or Relief Valve Failure of Small Lines Carryinq Primary Coolant Outside Containment Steam Generator Tube Rupture Spectrum of BWR Steam System Piping Failures Outside Containment Loss-of-Coolant Accidents Resulting from a Spectrum of Postulated Piping Breaks within the Reactor Coolant Pressure Boundary BWR Transient Radioactive Release from a Subsystem or Component Gas Waste System Leak or Failure Radioactive Liquid Waste System Leak or Failure (Atmospheric Release)

Postulated Radioactive Release Due to Liquid Tank Failure (Ground Release)

Fuel Handlinq Accidents Spent Fuel Cask Drop Accident Anticipated Transients Without Scram (ATWS)

Fuel Handling Accident Analysis for the Permanently Defueled Condition Permanently Defueled Aoolicability Not Applicable Not APPiicabie Not APPiicabie Not APPiicabie Not Applicable Not Applicable Not APPiicabie Not Aoolicable Not Aoolicable Not Applicable Not APPiicabie Not APPiicabie Not Aoolicable Not APPiicabie Not APPiicabie Not Applicable Not APPiicabie Applicable Aoolicable Aoolicable Aoolicable AoPlicable Not Applicable A new FHA analysis was performed to determine the Control Room, Exclusion Area Boundary (EAB), and Low Population Zone (LPZ) doses at Byron due to an FHA in the Fuel Handling Building (FHB) post-cessation of power operations, after all fuel has been removed from the reactors. This analysis conforms to the Regulatory Guide 1.183 (Reference 4) and Regulatory Issue Summary (RIS) 2006-04 (Reference 5) methodology and provides limiting doses for Byron. The FHA within containment was determined to no longer be applicable with the reactors permanently defueled.

This analysis does not take credit for (1) the Fuel Handling Building emergency ventilation system; (2) Fuel Handling Building isolation during fuel movements, and (3) control room filtration and ventilation via the normal and emergency control room ventilation systems. This FHA analysis concludes that a decay time of 70 days is required to meet the limits of 10 CFR 50.67 and Regulatory Guide 1.183.

The analysis was performed using conservative values for assumptions and inputs applicable to either of the Byron units; therefore, the results are conservative for both units. As discussed Page 4 of 79

ATTACHMENT 1 Evaluation of Proposed Changes below, two new license conditions, one for each unit, are proposed to restrict handling of irradiated fuel in the SFP until 70 days have elapsed following permanent shutdown of Byron.

Gas Waste System Leak or Failure Following permanent shutdown, the gas waste tanks will be required to retain and release waste gas generated from water management activities for a limited duration. The gas waste system collects, stores, monitors, and releases radioactive gas, hydrogen and oxygen from the primary coolant. The source term contained in the gas waste tanks is based on the activity of the primary coolant. Once the reactors are permanently shutdown and defueled, there is no mechanism to raise primary coolant activity. Therefore, upon permanent shutdown and cooldown, the source term contained within the waste gas tanks represents the highest (worst case) source term and is expected to be significantly less than the assumed Gas Waste System Leak or Failure analysis in UFSAR Chapter 15.7.1. Subsequent additions to the gas waste system resulting from water management activities would be less than the final shutdown and cooldown gas waste tank source term.

The gas waste system analysis as described in the UFSAR remains valid after permanent defueling; however, control room dose impact is bounded by the post shutdown FHA. The post shutdown FHA analysis demonstrates that doses do not exceed 10 CFR 50.67 limits. The release paths for both analyses are similar. If the activity in a gas waste tank is less than the activity predicted to be released in the post shutdown FHA analysis, then the resultant doses will remain within established limits. Prior to implementing the POTS, the gas waste tank concentration will be measured and verified to be less than the activity values assumed in the post shutdown FHA.

The decreasing activity in the gas waste system after permanent defueling and verification that the gas waste tank decay activity is less than that in the post shutdown FHA analysis ensures that the result of a gas waste tank leak or failure would not exceed dose limits.

Detailed Review of General Design Criteria After Permanent Defuelinq As discussed in the Byron UFSAR, Byron was designed and constructed taking into consideration the NRC General Design Criteria (GDC) as listed in 10 CFR 50, Appendix A.

Byron UFSAR Section 3.1 details the interpretation of conformance, concluding that Byron fully satisfies and is in compliance with the GDCs.

With the termination of reactor operations for Byron, Units 1 and 2, and the permanent removal of fuel from the reactors, as certified in accordance with 10 CFR 50.82(a)(1 ), the 10 CFR 50 license will no longer authorize operation of the reactors or emplacement or retention of the fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2); therefore, the majority of the GDCs in the UFSAR will no longer be applicable. With the reactors permanently shutdown and defueled, many associated systems and instrumentation, as well as the turbine generator, will no longer be in operation and will have no function related to the safe storage and handling of the irradiated fuel. In general, the GDCs that relate only to reactor operation or the systems that support reactor operation will no longer be applicable when the facility is in a permanently defueled condition. However, since irradiated fuel and radioactive waste will still be stored at the facility, the GDCs that relate to the storage of waste, irradiated fuel, and the prevention of Page 5 of 79

ATTACHMENT 1 Evaluation of Proposed Changes radioactive release will still be applicable to the facility. This includes supporting GDCs that relate to quality standards and fire protection.

Compliance with each GDC was reviewed as applied to the permanently shutdown and defueled condition and the limitations imposed by 10 CFR 50.82(a)(2) upon submittal of the certification required by 10 CFR 50.82(a)(1 )(ii). This review determined that compliance could be expressed in four categories as follows:

A.

No Longer Applies - Compliance with the GDC is no longer applicable to Byronsince the intent and scope are based on conditions that do not apply to the facility in a permanently shutdown and defueled condition. The DBAs that evaluate conditions applicable to operation of the reactors no longer apply. Based on the DBAs bounding the safe handling and storage of irradiated fuel in the SFP, no credit was taken for any active safety system for the mitigation of an analyzed event.

B.

Unchanged - Compliance with the GDC continues to apply to Byron as described in UFSAR Section 3.1. The scope and intent of the GDC is not impacted by the transition from operating status to permanently shutdown and defueled status.

C.

Minor Change - Compliance with the GDC is still required for Byron; however, the scope can be reduced based on the transition from operating status to permanently shutdown and defueled status.

D.

Major Change - Compliance with the GDC is still required for Byron; however, the intent and scope are impacted, or the scope is significantly reduced by the transition from operating status to permanently shutdown and defueled status. These are discussed in further detail below.

A list of the GDC and the impact to a permanently shutdown and defueled condition based on the above dispositions are provided in Table 2.2 below.

Table 2.2 NRC General Design Criteria Permanently Defueled Aoolicability Criterion 1 Quality Standards and Records D. Major Change Criterion 2 Design Bases for Protection Against Natural Phenomena D. Major Change Criterion 3 Fire Protection D. Major Change Criterion 4 Environmental and Missile DesiQn Bases A. No LonQer Aoolies Criterion 5 Sharinq of Structures, Systems, and Comoonents D. Maior Change Criterion 10 Reactor Design A. No Longer Aoolies Criterion 11 Reactor Inherent Protection A. No Lonqer Aoolies Criterion 12 Suooression of Reactor Power Oscillations A. No Longer Aoolies Criterion 13 Instrumentation and Control D. Major Change Criterion 14 Reactor Coolant Pressure Boundarv A. No Lonqer Aoolies Criterion 15 Reactor Coolant System Design A. No Longer Aoolies Criterion 16 Containment Desiqn A. No Lonqer Aoolies Criterion 17 Electric Power Systems A. No Longer Aoolies Criterion 18 Inspection and Testinq of Electric Power Svstems A. No Lonqer Aoolies Criterion 19 Control Room A. No Longer Aoolies Criterion 20 Protection System Functions A. No Lonqer Aoolies Criterion 21 Protection System Reliability and Testabilitv A. No Lonqer Aoolies Criterion 22 Protection System Independence A. No Longer Aoolies Page 6 of 79

Criterion 23 Criterion 24 Criterion 25 Criterion 26 Criterion 27 Criterion 28 Criterion 29 Criterion 30 Criterion 31 Criterion 32 Criterion 33 Criterion 34 Criterion 35 Criterion 36 Criterion 37 Criterion 38 Criterion 39 Criterion 40 Criterion 41 Criterion 42 Criterion 43 Criterion 44 Criterion 45 Criterion 46 Criterion 50 Criterion 51 Criterion 52 Criterion 53 Criterion 54 Criterion 55 Criterion 56 Criterion 57 Criterion 60 Criterion 61 Criterion 62 Criterion 63 Criterion 64 ATTACHMENT 1 Evaluation of Proposed Changes NRC General Design Criteria Protection System Failure Modes Separation of Protection and Control Systems Protection System Requirements for Reactivity Control Malfunctions Reactivity Control System Redundancy and Capability Combined Reactivity Control System Capability Reactivity Limits Protection Aqainst Anticipated Operational Occurrences Quality of Reactor Coolant Pressure Boundary Fracture Prevention of Reactor Coolant Pressure Boundary Inspection of Reactor Coolant Pressure Boundary Reactor Coolant Makeup Residual Heat Removal Emerqencv Core Coolinq Inspection of Emerqency Core Coolinq System Testing of Emergency Core Cooling System Containment Heat Removal Inspection of Containment Heat Removal System Testinq of Containment Heat Removal System Containment Atmosphere Cleanup Inspection of Containment Atmosphere Cleanup Systems Testing of Containment Atmosphere Cleanup Systems Coolinq Water Inspection of Coolinq Water System Testina of Coolina Water Svstem Containment Design-Basis Fracture Prevention of Containment Pressure Boundary Capability for Containment Leak Rate Testinq Provisions for Containment Testing and Inspection Piping Systems Penetratinq Containment Reactor Coolant Pressure Boundary Penetratinq Containment Primary Containment Isolation Closed System Isolation Valves Control of Releases Radioactive Materials to the Environment Fuel Storaqe and Handlinq and Radioactivity Control Prevention of Criticality in Fuel Storaqe and Handlinr:i Monitorina Fuel and Waste Storaae Monitoring Radioactivity Releases Criterion 1 - Quality Standards and Records Permanently Defueled Aoolicability A. No Longer Applies A. No Lonqer Aoolies A. No Longer APPiies A. No Lonqer Aoolies A. No Longer APPiies A. No Longer APPiies A. No Lonqer Aoolies A. No Longer APPiies A. No Lonqer APPiies A. No Longer Applies A. No Lonqer Aoolies A. No Longer Applies A. No Lonqer Aoolies A. No Lonqer APPiies A. No Longer APPiies A. No Lonqer APPiies A. No Longer APPiies A. No Lonqer Aoolies A. No Longer APPiies A. No Lonqer Aoolies A. No Longer APPiies A. No Lonqer Aoolies A. No Longer Aoolies A. No Lonaer Aoolies A. No Longer Aoolies A. No Longer APPiies A. No Longer Aoolies A. No Longer APPiies A. No Lonqer Aoolies A. No Lonqer Aoolies A. No Longer APPiies A. No Lonqer Aoolies C. Minor Change B. Unchanqed B. Unchanr:ied B. Unchanaed C. Minor Change Those systems and components of reactor facilities that are essential to the prevention of accidents which could affect the public health and safety or to mitigate their consequences shall be identified and then designed, fabricated, and erected to quality standards that reflect the importance of the safety function to be performed. Where generally recognized codes or standards on design, materials, fabrication, and inspection are used, they shall be identified.

Where adherence to such codes or standards does not suffice to assure a quality product in keeping with the safety function, they shall be supplemented or modified as necessary. Quality Assurance programs, test procedures, and inspection acceptance levels used shall be identified. A showing of sufficiency and applicability of codes, standards, Quality Assurance programs, test procedures, and inspection acceptance levels used is required.

Page 7 of 79

Discussion:

ATTACHMENT 1 Evaluation of Proposed Changes The scope of systems and components that are essential to the prevention of accidents and/or classified as important to safety will be significantly reduced during decommissioning. This GDC will still be applicable to systems and components in the permanently shutdown and defueled condition. The specific requirements and scope of components will be defined as part of the Exelon Decommissioning Quality Assurance Program (DQAP), which Byron will transition to following submittal to the NRC of the certifications for permanent cessation of operation and permanent removal of fuel from the reactor vessels pursuant to 10 CFR 50.82(a)(1 ).

The DQAP is based on the existing Exelon Fleet Quality Assurance Topical Report (QATR) that is currently used at all operational Exelon plants. The DQAP reflects changes and simplifications based on a site's decommissioning status. The DQAP was approved by the NRC on June 27, 2018 (Reference 6). The DQAP provides a top-level overview of the quality assurance program controls applied to quality related items and activities at Exelon plants during the decommissioning phase of the plant life. The DQAP is based on the applicable portions of 10 CFR 50, "Domestic licensing of production and utilization facilities," Appendix B to 10 CFR 50, "Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants"; 10 CFR 71, "Packaging and transportation of radioactive material," Subpart H, "Quality Assurance"; and 10 CFR 72, "Licensing requirements for the independent storage of spent nuclear fuel, high-level radioactive waste, and reactor-related greater than Class C waste,"

Subpart G, "Quality Assurance."

Based on the information above, the intent of this GDC is not impacted by the transition from operating to permanently shutdown and defueled. However, the scope of systems and components to which they apply will be significantly reduced. Therefore, this GDC is categorized as a Major Change.

Criterion 2 - Design Bases for Protection Against Natural Phenomena SSCs important to safety shall be designed to withstand the effects of natural phenomena such as earthquakes, tornadoes, hurricanes, floods, tsunami, and seiches without loss of capability to perform their safety functions. The design bases for these SSCs shall reflect:

1) Appropriate consideration of the most severe of the natural phenomena that have been historically reported for the site and surrounding area, with sufficient margin for the limited accuracy, quantity, and period of time in which the historical data have been accumulated;

2) Appropriate combinations of the effects of normal and accident conditions with the effects of the natural phenomena; and

3) The importance of the safety functions to be performed.

Page 8 of 79

Discussion:

ATTACHMENT 1 Evaluation of Proposed Changes The scope of systems and components that are categorized as important to safety and/or essential to the prevention and mitigation of accidents will be significantly reduced during decommissioning. This GDC will still be applicable to a subset of systems and components in the permanently shutdown and defueled condition.

Based on the information above, the intent of this GDC is not impacted by the transition from operating to permanently shutdown and defueled. However, the scope of systems and components to which they apply will be significantly reduced. Therefore, this GDC is categorized as a Major Change.

Criterion 3 - Fire Protection Structures, systems, and components important to safety shall be designed and located to minimize, consistent with other safety requirements, the probability and effect of fires and explosions. Noncombustible and heat resistant materials are used wherever practical throughout the unit, particularly in locations such as the containment, and control room.

Fire-detection and fighting systems of appropriate capacity and capability shall be provided and designed to minimize the adverse effects of fires on structures, systems, and components important to safety. Firefighting systems shall be designed to assure that their rupture or inadvertent operation does not significantly impair the safety capability of these structures, systems, and components.

Discussion:

Regulatory Guide 1.191, "Fire Protection Program for Nuclear Power Plants During Decommissioning and Permanent Shutdown," describes the changes to the fire protection program related to the operating unit as required by GDC 3 transitioning to a permanently shutdown and defueled condition.

The primary objectives of the fire protection program for operating reactors are to minimize fire damage to structures, systems, and components (SSCs) important to safety; to ensure the capability to safely shutdown the reactor; and to maintain it in a safe shutdown condition. For an initial period following shutdown, accidents that can challenge the 10 CFR Part 100 limits remain credible. The fire protection program should continue to provide protection against these events. The primary fire protection concern for permanently shutdown plants is protecting the integrity of the spent fuel and preventing or minimizing the release of radioactive materials resulting from fires involving contaminated plant SSCs or radioactive wastes. The radiation dose limits specified in 10 CFR Part 20, "Standards for Protection Against Radiation," apply to plant personnel and members of the public for fire incidents at permanently shutdown nuclear power plants. Licensees should make every effort to maintain exposures to radiation resulting from a fire as low as reasonably achievable.

The fire protection program for a decommissioned unit is governed by the requirements of 10 CFR 50.48(f).

Page 9 of 79

ATTACHMENT 1 Evaluation of Proposed Changes Based on the information above, both the scope and intent of GDC 3 is impacted by the transition from operating to permanently shutdown and defueled. Therefore, this GDC is categorized as a Major Change.

Criterion 5 - Sharing of Structures. Systems. and Components SSCs important to safety shall not be shared between nuclear power units unless it can be shown that such sharing will not significantly impair their ability to perform their safety functions, including, in the event of an accident in one unit, an orderly shutdown and cooldown of the remaining units.

Discussion:

The scope of systems and components classified as important to safety will be significantly reduced during decommissioning; however, Byron, Units 1 and 2, will still share certain SSCs.

Shared systems currently used to support the safe storage and handling of irradiated fuel in the SFP will still maintain the ability to support this function. The portion of the GDC associated with an orderly shutdown and cooldown will no longer be applicable.

Based on the information above, the intent of this GDC is impacted and the scope of systems and components to which it applies will be significantly reduced. Therefore, this GDC is categorized as a Major Change.

Criterion 13 - Instrumentation and Control Instrumentation and control shall be provided to monitor variables and systems over their anticipated range for normal operation, for anticipated operational occurrences, and for accident conditions as appropriate to assure adequate safety, including those variables and systems that can affect the fission process, the integrity of the reactor core, the Reactor Coolant Pressure Boundary, and the containment and its associated systems. Appropriate controls shall be provided to maintain these variables and systems within prescribed operating ranges.

Discussion:

In the permanently shutdown and defueled condition, there will be no Instrumentation and Control (l&C) systems that are required to mitigate an accident. In addition, there are no operability requirements for l&C systems in the proposed POTS.

In accordance with the Byron UFSAR, GDC 13 will still be applicable to the storage and handling of irradiated fuel. Instrumentation is provided to give an alarm in the control room when the water level in the SFP reaches either the high-or low-level alarm setpoint. In addition, local instrumentation is provided to measure the temperature of the water in the SFP and provide local indication as well as annunciation in the control room when normal temperatures or rates of temperature change are exceeded.

Instrumentation is also provided for the SFP cooling and cleanup system. Local instrumentation is provided for the following:

Page 10 of 79

ATTACHMENT 1 Evaluation of Proposed Changes Indication of the temperature of the SFP water as it leaves the SFP heat exchanger Measuring and providing indication of pressures across the SFP pumps Measuring pressure differential on the SFP demineralizer, and SFP resin trap filter Measuring and providing indication of flows in the outlet line of the SFP filter and the inlet line to the SFP demineralizer Based on the information above the intent of GOC 13 is not impacted by the transition from operating to permanently shutdown and defueled. However, the scope of systems and components to which it applies will be significantly reduced.

The scope of GOC 13 associated with assuring adequate safety related functions to variables and systems that can affect the fission process, the integrity of the reactor core, the Reactor Coolant Pressure Boundary, and the containment and its associated systems will no longer be applicable. Therefore, the intent of this GOC is impacted, and as described above, the scope of systems and components to which it applies will be significantly reduced. Therefore, this GOC is also categorized as a Major Change.

Detailed Discussion of Proposed RFOL and TS Changes The following tables identify each RFOL and TS section that is being changed, the proposed change, and the basis for each change. Changes to the Unit 1 RFOL are addressed first, followed by the Unit 2 RFOL, and then the TS. Proposed insertions are shown in Bold-Italics, and deletions are shown using stril<ethro1:1gh.

Attachments 2 and 3 provide the marked-up version of the Byron RFOLs and TS, respectively.

The TS that are deleted in their entirety are identified as such below, but the associated deleted pages are not included in Attachment 3. Proposed changes to the TS Bases addressing the proposed changes to the relevant TS are provided for information in Attachment 4. Upon approval of the amendments, changes to the Bases will be incorporated in accordance with TS 5.5.14, "Technical Specifications (TS) Bases Control Program," which will be retained in the POTS with minor changes.

Additionally, the proposed changes to the TS are considered a major rewrite; therefore, revision bars are not used. Revised formatting (margins, font, tabs, etc.) of content is used to create a continuous electronic file, revised numbering of sections and pages; and the deletion of unused placeholders, where appropriate, is used to condense and reduce the number of pages in the TS without affecting the technical content.

10 CFR 50.36, "Technical specifications," promulgates the regulatory requirements related to the content of TS. As detailed in subsequent sections of this request, this regulation lists four criteria to define the scope of equipment and parameters that must be included in TS (see Section 3.1 ). In a permanently shutdown and defueled condition, the scope of equipment and parameters that must be included in the Byron POTS is limited to those needed to address the remaining applicable OBAs so that the consequences of the accidents are maintained within acceptable limits.

Page 11 of 79

ATTACHMENT 1 Evaluation of Proposed Changes The following tables identify each RFOL section that is being changed, the proposed change, and the basis for the change.

Detailed Description of the Proposed Changes to the Byron. Unit 1. RFOL Unit 1, RFOL Title Current Proposed Renewed Facility Operating License Renewed Facility G~eFatiR§ License Basis The License title is modified to eliminate the reference to "Operating." After the certifications required by 10 CFR 50.82(a)(1) have been submitted for Byron, Unit 1, the 10 CFR 50 license will no longer authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2).

Finding 1.8 Current Proposed B. Construction of the Byron Station, Unit No. 1 B. De/etedGeRstFl:lstieR ef tl:ie ~yrnR ~tatieR, 61Rit (the facility) has been substantially completed in t>Ja. ~ ~tl:ie fasility~ Aas seeR SllSStaRtially conformity with Construction Permit No. CPPR-sem~leteEl iR seRfeFmity witl:i GeRstFl:lGtieR PeFmit 130 and the application, as amended, the t>Ja. GPPR ~ dQ aREl tl:ie a~~lisatieR, as ameREleEl, provisions of the Act, and the regulations of the tl:ie ~rnvisieRs ef tl:ie Ast, aREl tl:ie F8Jl:llatieRs ef Commission; tl:ie GemmissieR; Basis This license finding is proposed for deletion in its entirety. Decommissioning of Byron, Unit 1, is not dependent on the regulations that governed construction of the facility.

Finding 1.C Current Proposed C. The facility will operate in conformity with the C. The facility will be maintained e~eFate in application, as amended, the provisions of the Act, conformity with the application, as amended, the and the regulations of the Commission (except as provisions of the Act, and the regulations of the exempted from compliance in Section 2.D below);

Commission (except as exempted from compliance in Section 2.D below);

Page 12 of 79

ATTACHMENT 1 Evaluation of Proposed Changes Basis This license finding is proposed for revision to reflect that the license no longer authorizes operation of the reactors. Once Exelon submits the certifications required by 10 CFR 50.82(a)(1) for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2). The removal of the operating description provides accuracy in the 10 CFR 50 license description. Therefore, the change is consistent with the requirements associated with the decommissioning plant.

Finding 1.D Current Proposed D. There is reasonable assurance: (i) that the D. There is reasonable assurance: (i) that the activities authorized by this renewed operating activities authorized by this renewed 9f3eratin§ license can be conducted without endangering the license can be conducted without endangering the health and safety of the public, and (ii) that such health and safety of the public, and (ii) that such activities will be conducted in compliance with the activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Chapter I (except as exempted from compliance in Section 2.D below);

Section 2.D below);

Basis License Finding 1.D is modified to eliminate the reference to "operating." After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2).

Finding 1.H Current Proposed H. After weighing the environmental, economic, H. After weighing the environmental, economic, technical, and other benefits of the facility against technical, and other benefits of the facility against environmental and other costs and considering environmental and other costs and considering available alternatives, the issuance of Renewed available alternatives, the issuance of Renewed Facility Operating License No. NPF-37, subject to Facility Of3eratin§ License No. NPF-37, subject to the conditions for protection of the environment the conditions for protection of the environment set forth in the Environmental Protection Plan set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been and all applicable requirements have been satisfied; and satisfied; and Basis License Finding 1.H is modified to eliminate the reference to "Operating." After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2).

Page 13 of 79

ATTACHMENT 1 Evaluation of Proposed Changes Finding 1.1 Current Proposed I.

The receipt, possession, and use of source, I.

Deleted.+t:ie Feseipt, pessessieA, aA9 use ef byproduct and special nuclear material as seuFse, 9ypFe9ust aA9 spesial AusleaF FAateFial as authorized by this renewed license will be in autR9Fii!:e9 9y tt:Jis F9A9W99 liseAS9 i,e,iill 9e iA accordance with the Commission's regulations in asseFElaAse witt:l tt:le GeFAFAissieA's FegulatieAs iA 10 CFR Parts 30, 40 and 70.

Hl Gi;:R PaFts :3Q, 4Q aA9 7Q.

Basis This license finding is proposed for deletion in its entirety. The NRC's finding regarding possession and use of byproduct, source, and special nuclear material for operating Byron, Unit 1, is not dependent on decommissioning of the facility. Additionally, possession and use of byproduct, source, and special nuclear material at Byron, Unit 1, during decommissioning activities is covered by License Condition 2.B.(4), which will remain in effect. Therefore, License Finding 1.1 is not needed.

Finding 1.J Current J. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21 (a)(1 ), and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21 (c), such that there is reasonable assurance that the activities authorized by this renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations.

Proposed J. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging duFiAg the peFied ef exteAded epemtieA on the functionality of structures and components that have been identified to require review under 10 CFR 54.21 (a)(1) for those Unit 1 and Common Plant systems, structures, and components that remain in service beyond October 30, 2024, and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by this renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations.

Basis Licensing Finding 1.J is modified to eliminate the reference to "during the period of extended operations."

Byron, Unit 1, would have entered the period of extended operation on October 31, 2024. Finding 1.J is revised to continue managing the effects of aging for those Unit 1 and Common Plant systems, structures, and components that remain in service beyond October 30, 2024.

Page 14 of 79

Current ATTACHMENT 1 Evaluation of Proposed Changes General Paragraph 2 Proposed Facility Operating License No. NPF-37, dated Facility Oi;>eFatin§ License No. NPF-37, dated February 14, 1985, as amended, is hereby February 14, 1985, as amended, is hereby superseded by Renewed Facility Operating License superseded by Renewed Facility Oi;iemtin§ License No. NPF-37, issued to Exelon Generation Company, No. NPF-37, issued to Exelon Generation Company, LLC (the licensee) to read as follows:

LLC (the licensee) to read as follows:

Basis This general paragraph is being revised to eliminate the reference to "Operating." After certifications required by 1 O CFR 50.82(a)(1) are submitted for Byron, the 1 O CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2).

General Paragraph 2.A Current Proposed (A)

This renewed license applies to the Byron (A)

This renewed license applies to the Byron Station, Unit No. 1, a pressurized water Station, Unit No. 1, a permanently defueled nuclear reactor, and associated equipment pressurized water nuclear reactor, and (the facility), owned by Exelon Generation associated equipment (the facility), owned by Company, LLC. The facility is located in north Exelon Generation Company, LLC. The central Illinois within Rockvale Township, Ogle facility is located in north central Illinois within County, Illinois and is described in the Rockvale Township, Ogle County, Illinois and licensee's "Updated Final Safety Analysis is described in the licensee's "Updated Final Report," as supplemented and amended, and Safety Analysis Report," as supplemented in the licensee's Environmental Report, as and amended, and in the licensee's supplemented and amended.

Environmental Report, as supplemented and amended.

Basis After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2). Descriptive language related to the permanently shutdown and defueled condition of the Unit 1 reactor is proposed to be added.

Finding 2.B.(1)

Current Proposed

( 1)

Pursuant to Section 103 of the Act and

( 1)

Pursuant to Section 103 of the Act and 10 CFR Part 50 to possess, use and operate 10 CFR Part 50 to possess, tise ans oi;iemte the facility at the designated location in and use the facility as required for accordance with the procedures and irradiated fuel storage at the designated limitations set forth in this renewed license; location in accordance with the procedures and limitations set forth in this renewed license; Page 15 of 79

ATTACHMENT 1 Evaluation of Proposed Changes Basis This license finding is proposed for revision to reflect the change from an operating license to one that prohibits operating the reactor pursuant to 10 CFR 50.82(a)(2). As such, the facility would remain authorized to possess the existing irradiated fuel and use the facility as required to support safe storage of the irradiated fuel (e.g., the SFP) during the decommissioning period, in accordance with the specified limitations for storage.

Finding 2.B.(2)

Current Proposed (2)

Pursuant to the Act and 10 CFR Part 70, to (2)

Pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special reseive, possess ans 1::1se at any time special nuclear material as reactor fuel, in accordance nuclear material that was used as reactor with the limitations for storage and amounts fuel, in accordance with the limitations for required for reactor operation, as described in storage ans amo1::1nts reE11::1ired for reactor the Updated Final Safety Analysis Report, as 013eration, as described in the Updated Final supplemented and amended; Safety Analysis Report, as supplemented and amended; Basis The proposed change to this license finding removes the authorization for receipt and use of special nuclear material (SNM) as reactor fuel. It eliminates the reference to use of the SNM for reactor operations and limits the possession of SNM, to SNM "that was used" as reactor fuel at Byron. Pursuant to 10 CFR 50.82(a)(2), the 10 CFR 50 license for Byron, Unit 1, will no longer authorize operation of the reactor. As such, Exelon has no need to receive SNM in the form of reactor fuel and cannot use SNM as reactor fuel for reactor operations.

The continued authorization to possess SNM "that was used" as reactor fuel is necessary as Exelon currently possesses the irradiated reactor fuel that was used for the past operations of the Byron, Unit 1, reactor.

Finding 2.B.(3)

Current Proposed (3)

Pursuant to the Act and 10 CFR Parts 30, 40 (3)

Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any and 70, to receive, possess, and use at any time any byproduct, source and special time any byproduct, source and si::iecial nuclear material as sealed neutron sources for n1::1clear material as seales ne1::1tron se1::1rces fer reactor startup, sealed sources for reactor reactor start1::1i:;>, or sealed sources for reacter instrumentation and radiation monitoring instr1::1mentation and radiation monitoring equipment calibration, and as fission detectors equipment calibration, ans as fissien setecters in amounts as required; in ame1::1nts as FeE11::Jired and to possess any byproduct, source and special nuclear material as sealed neutron sources previously used for reactor startup or reactor instrumentation; and fission detectors; Page 16 of 79

ATTACHMENT 1 Evaluation of Proposed Changes Basis The requirements regarding receipt of sealed neutron sources for reactor startup and nuclear instrumentation is proposed for deletion from this license finding. This license finding is revised to reflect authorization only for continued possession of those sources previously used for reactor startups and fission detection, produced as a byproduct, and the continued receipt and possession of those required for radiation monitoring equipment calibration. After the certifications required by 1 O CFR 50.82(a)(1) have been submitted for Byron, Unit 1, the 10 CFR 50 license will no longer authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). Therefore, the use of startup sources and fission detectors will no longer be needed. The changes are consistent with the requirements associated with a permanently shutdown and defueled condition. The use of sources for radiation monitoring equipment calibration will continue to be required.

Finding 2.B.(5)

Current Proposed (5)

Pursuant to the Act and 10 CFR Parts 30, 40 (5)

Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such and 70, to possess, but not separate, such byproduct and special nuclear materials as byproduct and special nuclear materials as may be produced by the operation of the may ee that were produced by the operation facility.

of the facility.

Basis This license finding is proposed for revision to allow possession of byproduct and special nuclear materials that were produced during operation of the reactor, but not allow the separation of material. After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 license will no longer authorize operation of the facility pursuant to 10 CFR 50.82(a)(2). Therefore, the changes are consistent with the requirements associated with a permanently shutdown and defueled condition.

License Condition 2.C.(1)

Current Proposed

( 1 )

Maximum Power Level

( 1)

Deleted.Maximum Power Level.

The licensee is authorized to operate the

+Re liseRsee is autl=lorii!:eEI to o~erate tl=le facility at reactor core power levels not in fasility at reastor sore ~ower levels Rot iR excess of 3645 megawatts thermal (100 exsess of dl 4 a me§awatts ti=! erma I ~ ~ QQ percent rated power) in accordance with the

~erseRt rateEI ~ower~ iR assorElaRse 1.vitl=I tl=le conditions specified herein.

SORElitiORS s~esifieEI l=lereiR.

Basis This license condition is proposed for deletion in its entirety. Once the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel are submitted to the NRC pursuant to 10 CFR 50.82(a)(1 ), NRC regulations stipulated in 10 CFR 50.82(a)(2) will no longer authorize operation of the reactor or emplacement of fuel into the reactor vessel under the 10 CFR 50 license. With the submittal of the certifications in accordance with 10 CFR 50.82(a)(1 ), Exelon will no longer be authorized to operate the facility; therefore, this license condition is not needed.

Page 17 of 79

Current (2)

ATTACHMENT 1 Evaluation of Proposed Changes License Condition 2.C.(2)

Proposed Technical Specifications (2)

Technical Specifications The Technical Specifications contained in The Permanently DefueledTechnical Appendix A as revised through Amendment Specifications contained in Appendix A as No. 222 and the Environmental Protection revised through Amendment No. ~####and Plan contained in Appendix B, both of which the Environmental Protection Plan contained are attached hereto, are hereby incorporated in Appendix B, both of which are attached into this renewed license. The licensee shall hereto, are hereby incorporated into this operate the facility in accordance with the renewed license. The licensee shall opeFate Technical Specifications and the maintain the facility in accordance with the Environmental Protection Plan.

Permanently DefueledTechnical Specifications and the Environmental Protection Plan.

Basis This license condition is revised to reflect the permanently shutdown and defueled condition of the facility. Also changed is the designation from the licensee operating to maintaining the facility. Once the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessels are submitted to the NRC pursuant to 10 CFR 50.82(a)(1) for Byron, NRC regulations stipulated in 10 CFR 50.82(a)(2) will no longer authorize operation of the reactor or emplacement of fuel into the reactor vessel under the 10 CFR 50 license.

License Condition 2.C.(6)

Current Proposed (6)

The licensee shall implement and maintain in (6)

Deleted.+Re liGensee sRall illlplelllent aml effect all provisions of the approved fire R'laintain in effeGt all prnvisions of tRe protection program as described in the appFo>.ieEl fiFe pFoteGtion pFogFalll as ElesGFi9e9 licensee's Fire Protection Report, and as in tRe liGensee's FiFe PFoteGtion RepoFt, anEl approved in the SER dated February 1987 as approved in tRe SER Elates i;:eeruary 1987 through Supplement No. 8, subject to the tRFOU§R Supplelllent ~Jo. B, su9jeGt to tRe following provision:

followin§ prnvision:

The licensee may make changes to

+Re liGensee R'lay R'lal~e GRan§es to the approved fire protection program tRe appFoveEl fiFe pFOteGtion pFogFalll without prior approval of the witROUt pFiOF apprnval of tRe Commission only if those changes Gollllllission only if tRose GRan§es would not adversely affect the ability woulEl not aElveFsely affeGt tRe aeility to achieve and maintain safe to aGRieve ane R'laintain safe shutdown in the event of a fire.

sRutElown in tRe event of a fiFe.

Basis This license condition is proposed for deletion in its entirety consistent with the restriction of 10 CFR 50.82(a)(2) that Byron is no longer authorized to operate or emplace fuel in the reactors. This license condition for making changes to the Fire Protection Program is no longer required to assure fire safety by maintaining the ability to achieve and maintain safe shutdown in the event of a fire.

Page 18 of 79

ATTACHMENT 1 Evaluation of Proposed Changes License Condition 2.C.(6), which is based on maintaining an operational fire protection program, in accordance with 10 CFR 50.48, with the ability to achieve and maintain safe shutdown of the reactors in the event of a fire, is no longer applicable for Byron. However, many of the elements that are applicable for the operating plant fire protection program continue to be applicable during plant decommissioning. During the decommissioning process, a fire protection program is required by 10 CFR 50.48(f) to address the potential for fires that could result in a radiological hazard. However, the regulation is applicable regardless of whether a requirement for a fire protection program is included in the facility license. Therefore, a license condition requiring such a program for a permanently shutdown and defueled facility is not required.

License Condition 2.C.(17)

Current Proposed (17)

Additional Conditions (17)

Deleted.Additional Conditions The Additional Conditions contained in

+Re Additional Conditions sontained in Appendix C, as revised through Amendment Appendi:x C, as Fevised tRFOl:l§R Amendment No. 198, are hereby incorporated into this t-Jo. ~ 98, aFe 1:1eFe9y insoFpoFated into tl:iis renewed license. The licensee shall operate Fenewed lisense. +t:ie lisensee sl:iall opeFate the facility in accordance with the Additional tl:ie fasility in assoFdanse with tl:ie Additional Conditions.

Conditions.

Basis This license condition is proposed for deletion in its entirety as the additional conditions in Appendix C to which it refers are also proposed for deletion; therefore, retention of this license condition is unnecessary.

License Condition 2.C.(23)

Current Proposed (23)

License Renewal License Conditions (23)

De/eted.Lisense Renewal Lisense Conditions (a)

The information in the UFSAR (a)

+Re infoFmation in tl:ie 6JFSAR supplement, submitted pursuant to Sl:lpplement, Sl:l9mitted pl:lFSl:lant to 10 CFR 54.21(d), as revised during 1 Q CFR a4.21 (9), as Fevise9 Sl:lFiAg the license renewal application review tl:ie lisense FeAewal applisation Feview process, and as supplemented by the pFosess, and as sl:lpplemented 9y tl:ie Commitments applicable to Byron Commitments applisa91e to 8yFon Unit 1 in Appendix A of the "Safety 6JAit ~ iA iAippendi:x /:., of tl:ie "Safety Evaluation Report Related to the E:vall:lation RepoFt Related to tl:ie License Renewal of Byron Station, bisense Renewal of 8yrnn Station, Units 1 and 2, and Braidwood Station, 6JAits 1 aAd 2, and 8Faidwood Station, Units 1 and 2" (SER) dated July 2015, 6JAits ~ aAd ~" (SE:R) dated dl:lly ~Q~ a, is collectively the "License Renewal is sollestively tl:ie "biseAse Renewal UFSAR Supplement." This 6JFS,A,R Sl:lpplement." +t:iis Supplement is henceforth part of the Sl:lpplemeAt is l:ieAsefoFtl:i paFt of tl:ie UFSAR which will be updated in 6JFSAR wl:iisl:i will 9e l:lpdatee iA accordance with 10 CFR 50.71(e). As assoFdanse witl:i rn CFR aQ.71 (e). As such, the licensee may make changes Sl:lSR, tl:ie lisensee may mal~e sl:ianges to the programs and activities to tl:ie prngFams and astivities applicable to Byron Unit 1 described applisable to ByFOA 6Jnit 1 9essFibe9 in this Suoolement provided the

~.....,_ C'

.. *~

Page 19 of 79

(b)

ATTACHMENT 1 Evaluation of Proposed Changes licensee evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

This License Renewal UFSAR (9)

Supplement, as revised per License Condition 23(a) above, describes certain programs to be implemented and activities to be completed prior to the period of extended operation.

1.

The licensee shall implement those new programs and enhancements to existing programs no later than April 30, 2024...

Basis liseAsee eval1:1ates s1:1st:l sl=laA§es l:Jl:lFSl:laAt te tt:le SFiteFia set feFtA iA 1 Q Gi;:R §Q.§Q aA9 etl=leFwise seFAplies witt:l tt:le FeEJl:liFeFAeAts iA tt:lat sestieA.

+Ais biseAse ReAewal 6JVi;AR

~1:1ppleFAeAt, as Fe1,iise9 peF biseAse GeA9itieA ~d(a) aeeve, 9essFi9es seFtaiA l:JF9§FaFAs te ee iFApleFAeAte9 aA9 astivities te ee seFAplete9 pFieF te tt:le peFie9 ef exteA9e9 epeFatieA.

1.

+!'.le liseAsee sl'.lall iFApleFAeAt tt:lese A8W [3F9§FaFAS aA9 eAAaASeFAeAtS te existiA§

[3F9§FaFAS A9 lateF tAaA ApFil dQ, ~Q~4...

This license condition imposed program requirements necessary for the Byron, Unit 1, to continue operation beyond April 30, 2024. After the certifications required by 10 CFR 50.82(a)(1) have been submitted for Byron, Unit 1, the 10 CFR 50 license will no longer authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). Thus, the program requirements to support extended operation are not necessary.

Proposed License Condition 2.C.(25)

Current

[None]

Proposed Handling of irradiated fuel in the spent fuel pool will not be permitted following implementation of the PDTS until a minimum of 70 days following permanent shutdown.

Basis Exelon is proposing a new license condition such that initial system abandonment activities may be started expeditiously after the permanent removal of fuel from the reactor vessel. By applying this new license condition, Exelon will be able to remove the TS requirements associated with those systems that perform mitigative actions assumed in the FHA analyses by precluding the possibility of a FHA until after the assumed 70-day decay period assumed in the post shutdown FHA has elapsed.

Once the reactor has been permanently shutdown and defueled with all irradiated fuel placed in the SFP, and the certifications submitted in accordance with 10 CFR 50.82, power operation or emplacement of fuel in the reactor will not be allowed. Therefore, all OBAs associated with power operations or fuel handling in the reactor will no longer be applicable, which provides the basis for removal of the Safety Limits and most of the Limiting Conditions for Operation.

In order to implement the POTS prior to the 70-day decay time assumed in the post shutdown FHA analysis, Exelon proposes to prohibit movement of irradiated fuel after the submittal of the certification of permanent removal of fuel from the reactor vessel until 70 days after permanent shutdown through the imposition of the proposed license condition. This effectively prevents an FHA from occurring until after the 70-day decay period has elapsed.

Page 20 of 79

ATTACHMENT 1 Evaluation of Proposed Changes License Condition H Current Proposed This renewed license is effective as of the date of This renewed license is effective as of the date of issuance and shall expire at midnight on October 31, issuance and sl::iall e:x:13iFe at FAi9Ai§At eA Gste9eF :3~,

2044.

~is effective until the Commission notifies the licensee in writing that the license is terminated.

Basis This license condition is revised to reflect the permanently defueled condition of the facility. Once Byron has permanently ceased operation and Exelon has certified that fuel has been permanently removed from the reactor, 1 O CFR 50.82(a)(2) prohibits operation of the Byron reactor. This license condition is being revised to conform with 10 CFR 50.51, "Continuation of license," in that the license authorizes ownership and possession by Exelon until the Commission notifies the licensee in writing that the license is terminated.

UNIT 1 APPENDIX C - ADDITIONAL CONDITIONS Current Proposed The safety limit equation specified in TS 2.1.1.3

[Deleted]

regarding fuel centerline melt temperature (i.e., less than 5080 °F, decreasing by 58 °F per 10,000 MWD/MTU burnup as described in WCAP-12610-P-A, "VANTAGE+ Fuel Assembly Reference Core Report,"

April 1995) is valid for uranium oxide fuel without the presence of poisons mixed homogeneously into the fuel pellets. If fuel pellets incorporating homogeneous poisons are used, the topical report documenting the fuel centerline melt temperature basis must be reviewed and approved by the NRC and referenced in this license finding. TS 2.1.1.3 must be modified to also include the fuel centerline melt temperature limit for the fuel with homogenous poison.

Basis The additional condition in Appendix C is proposed for deletion in its entirety. As discussed later in this application, TS Section 2.0 is being proposed for deletion in its entirety since the safety limits do not apply to reactors that are in a permanently shutdown and defueled condition. Once Exelon submits the certifications required by 10 CFR 50.82(a)(1) for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors, or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2). TS Section 2.0 and this license condition related to TS Section 2.0 do not apply to the safe storage and handling of irradiated fuel in the SFP.

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ATTACHMENT 1 Evaluation of Proposed Changes Detailed Description of the Proposed Changes to the Byron. Unit 2. RFOL Unit 2, RFOL Title Current Proposed Renewed Facility Operating License Renewed Facility G13eFatiR§ License Basis The License title is modified to eliminate the reference to "Operating." After the certifications required by 10 CFR 50.82(a)(1) have been submitted for Byron, Unit 2, the 10 CFR 50 license will no longer authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2).

Finding 1.B Current Proposed B. Construction of the Byron Station, Unit 2 B. De/etedGeRstF1:1GtieR ef tRe ByrnR gtatieR, 61Rit 2 (the facility) has been substantially completed in (tRe faGility~ Ras 9eeR s1:19staRtially GeFR13leteEI iR conformity with Construction Permit No. CPPR-GeRfeFFRity witR GeRstF1:1GtieR PeFFRit t>Je. GPPR 131 and the application, as amended, the

~d~ aREI tRe a1313liGatieR, as aFReREleEI, tRe provisions of the Act and the regulations of the 13rnvisieRs ef tRe /\\Gt aREI tRe Fe§1:1latieRs ef tRe Commission; GeFRFRissieR; Basis This license finding is proposed for deletion in its entirety. Decommissioning of Byron, Unit 2, is not dependent on the regulations that governed construction of the facility.

Finding 1.C Current Proposed C. The facility will operate in conformity with the C. The facility will be maintained e13eFate in application, as amended, the provisions of the Act, conformity with the application, as amended, the and the regulations of the Commission (except as provisions of the Act, and the regulations of the exempted from compliance in Section 2.D. below);

Commission (except as exempted from compliance in Section 2.D. below);

Basis This license finding is proposed for revision to reflect that the license no longer authorizes operation of the reactors. Once Exelon submits the certifications required by 10 CFR 50.82(a)(1) for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2). The removal of the operating description provides accuracy in the 10 CFR 50 license description. Therefore, the change is consistent with the requirements associated with the decommissioning plant.

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ATTACHMENT 1 Evaluation of Proposed Changes Finding 1.D Current Proposed D. There is reasonable assurance: (i) that the D. There is reasonable assurance: (i) that the activities authorized by this renewed operating activities authorized by this renewed 9f3eratin§ license can be conducted without endangering the license can be conducted without endangering the health and safety of the public, and (ii) that such health and safety of the public, and (ii) that such activities will be conducted in compliance with the activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Chapter I (except as exempted from compliance in Section 2.0 below);

Section 2.0 below);

Basis License Finding 1.D is modified to eliminate the reference to "operating." After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2).

Finding 1.H Current Proposed H. After weighing the environmental, economic, H. After weighing the environmental, economic, technical, and other benefits of the facility against technical, and other benefits of the facility against environmental and other costs and considering environmental and other costs and considering available alternatives, the issuance of Renewed available alternatives, the issuance of Renewed Facility Operating License No. NPF-66, subject to Facility Of3eratin§ License No. NPF-66, subject to the conditions for protection of the environment the conditions for protection of the environment set forth in the Environmental Protection Plan set forth in the Environmental Protection Plan attached as Appendix B to Renewed License No.

attached as Appendix B to Renewed License No.

NPF-37, issued November 19, 2015, is in NPF-37, issued November 19, 2015, is in accordance with 10 CFR Part 51 of the accordance with 10 CFR Part 51 of the Commission's regulations and all applicable Commission's regulations and all applicable requirements have been satisfied; and requirements have been satisfied; and Basis License Finding 1.H is modified to eliminate the reference to "Operating." After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2).

Finding 1.1 Current Proposed I.

The receipt, possession, and use of source, I.

Deletec:l+t=ie reseif)t, f39Ssessien, anEl 1:1se ef byproduct and special nuclear material as se1:1rse, 8yf3reEl1:1st anEl Sf3esial n1:1slear material as authorized by this renewed license will be in a1:1tt=lerii!:eEl sy tt=lis renei,e,ieEl lisense will se in accordance with the Commission's regulations in asserElanse witt=I tt=le Gernrnissien's re§1:1latiens in 10 CFR Parts 30, 40 and 70.

rn Gi;:R i;2arts dG, 4Q anEl 7Q.

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ATTACHMENT 1 Evaluation of Proposed Changes Basis This license finding is proposed for deletion in its entirety. The NRC's finding regarding possession and use of byproduct, source, and special nuclear material for operating Byron, Unit 2, is not dependent on decommissioning of the facility. Additionally, possession and use of byproduct, source, and special nuclear material at Byron, Unit 2, during decommissioning activities is covered by License Condition 2.B.(4), which will remain in effect. Therefore, License Finding 1.1 is not needed.

Finding 1.J Current J.

Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21 (a)(1 ), and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21 (c), such that there is reasonable assurance that the activities authorized by this renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations.

Proposed J. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging 9l::lrin§ the 13erie9 ef exten9e9 e13eratien on the functionality of structures and components that have been identified to require review under 10 CFR 54.21 (a)(1) for those Unit 2 systems, structures, and components that remain in service beyond November 5, 2026, and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by this renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations.

Basis Licensing Finding 1.J is modified to eliminate the reference to "during the period of extended operations."

Byron, Unit 2, would have entered the period of extended operation on November 6, 2026. Finding 1.J is revised to continue managing the effects of aging for those Unit 2 systems, structures, and components that remain in service beyond November 5, 2026.

General Paragraph 2 Current Proposed Facility Operating License No. NPF-66, dated Facility 013eratin§ License No. NPF-66, dated January 30, 1987, as amended, is hereby superseded January 30, 1987, as amended, is hereby superseded by Renewed Facility Operating License No. NPF-66, by Renewed Facility 013emtin§ License No. NPF-66, issued to Exelon Generation Company, LLC (the issued to Exelon Generation Company, LLC (the licensee) to read as follows:

licensee) to read as follows:

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ATTACHMENT 1 Evaluation of Proposed Changes Basis This general paragraph is being revised to eliminate the reference to "Operating." After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2).

General Paragraph 2.A Current Proposed (2)

This renewed license applies to the Byron (2)

This renewed license applies to the Byron Station, Unit No. 2, a pressurized water Station, Unit No. 2, a permanently defueled reactor, and associated equipment (the pressurized water reactor, and associated facility), owned by Exelon Generation equipment (the facility), owned by Exelon Company, LLC. The facility is located in north Generation Company, LLC. The facility is central Illinois within Rockvale Township, Ogle located in north central Illinois within Rockvale County, Illinois and is described in the Township, Ogle County, Illinois and is licensee's Updated Final Safety Analysis described in the licensee's Updated Final Report, as supplemented and amended, and Safety Analysis Report, as supplemented and in the licensee's Environmental Report, as amended, and in the licensee's Environmental supplemented and amended.

Report, as supplemented and amended.

Basis After certifications required by 10 CFR 50.82(a)(1) are submitted for Byron, the 10 CFR 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels pursuant to 10 CFR 50.82(a)(2). Descriptive language related to the permanently shutdown and defueled condition of the Unit 2 reactor is proposed to be added.

Finding 2.B.(1)

Current Proposed

( 1 )

Pursuant to Section 103 of the Act and

( 1)

Pursuant to Section 103 of the Act and 10 CFR Part 50 to possess, use and operate 1 O CFR Part 50 to possess, 1::1se aREl 013eFate the facility at the designated location in and use the facility as required for accordance with the procedures and irradiated fuel storage at the designated limitations set forth in this renewed license; location in accordance with the procedures and limitations set forth in this renewed license; Basis This license finding is proposed for revision to reflect the change from an operating license to one that prohibits operating the reactor pursuant to 10 CFR 50.82(a)(2). As such, the facility would remain authorized to possess the existing irradiated fuel and use the facility as required to support safe storage of the irradiated fuel (e.g., the SFP) during the decommissioning period, in accordance with the specified limitations for storage.

Page 25 of 79

Current (2)

ATTACHMENT 1 Evaluation of Proposed Changes Finding 2.B.(2)

Proposed Pursuant to the Act and 10 CFR Part 70, to (2)

Pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special reGeive, possess anEl 1::1se at any time special nuclear material as reactor fuel, in accordance nuclear material that was used as reactor with the limitations for storage and amounts fuel, in accordance with the limitations for required for reactor operation, as described in storage anEl arno1::1nts reE:J1::1ires for reastor the Updated Final Safety Analysis Report, as 013eration, as described in the Updated Final supplemented and amended; Safety Analysis Report, as supplemented and amended; Basis The proposed change to this license condition removes the authorization for receipt and use of SNM as reactor fuel. It eliminates the reference to use of the SNM for reactor operations and limits the possession of SNM, to SNM "that was used" as reactor fuel at Byron. Pursuant to 10 CFR 50.82(a)(2), the 10 CFR 50 license for Byron, Unit 2, will no longer authorize operation of the reactor. As such, Exelon has no need to receive SNM in the form of reactor fuel and cannot use SNM as reactor fuel for reactor operations. The continued authorization to possess SNM "that was used" as reactor fuel is necessary as Exelon currently possesses the irradiated reactor fuel that was used for the past operations of the Byron, Unit 2, reactor.

Finding 2.B.(3)

Current Proposed (3)

Pursuant to the Act and 10 CFR Parts 30, 40 (3)

Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any and 70, to receive, possess, and use at any time any byproduct, source and special time any byproduct, source anEl s13esial nuclear material as sealed neutron sources for n1::1Glear material as sealeEl ne1::1tron so1::1rGes for reactor startup, sealed sources for reactor reaGtor start1::113, or sealed sources for reaGtor instrumentation and radiation monitoring instrnrnentation ans radiation monitoring equipment calibration, and as fission detectors equipment calibration, ans as fission EleteGtors in amounts as required; in arno1::1nts as FeE:J1::1ires and to possess any byproduct, source and special nuclear material as sealed neutron sources previously used for reactor startup or reactor instrumentation; and fission detectors; Basis The requirements regarding receipt of sealed neutron sources for reactor startup and nuclear instrumentation is proposed for deletion from this license finding. This license finding is revised to reflect authorization only for continued possession of those sources previously used for reactor startups and fission detection, produced as a byproduct, and the continued receipt and possession of those required for radiation monitoring equipment calibration. After the certifications required by 10 CFR 50.82(a)(1) have been submitted for Byron, Unit 2, the 10 CFR 50 license will no longer authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). Therefore, the use of startup sources and fission detectors will no longer be needed. The changes are consistent with the requirements associated with a permanently shutdown and defueled condition. The use of sources for radiation monitoring equipment calibration will continue to be required.

Page 26 of 79