ML22125A009

Proposed Action- Proposed Fonsi for TMI-1 Exemption Request from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) Notification of Commonwealth of Pennsylvania

ML22125A009
Person / Time
Site:	Three Mile Island, 07200077
Issue date:	05/03/2022
From:	Amy Snyder Reactor Decommissioning Branch
To:	Acker S State of PA, Dept of Environmental Protection, Bureau of Radiation Protection
Snyder A
Shared Package
ML22125A008	List: ML22125A009 ML22125A010
References
Download: ML22125A009 (1)

Text

From: Snyder, Amy To: Acker, Stephen Cc: Watson, Bruce; Anderson, Shaun; Smith, Craig W:(Constellation Nuclear); Miller, Fred; Tabakov, Emil; Tifft, Doug; Dimitriadis, Anthony; Hammann, Stephen

Subject:

Proposed Action-Proposed FONSI for TMI-1 Exemption Request from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv)

Date: Tuesday, May 3, 2022 10:56:00 AM

Dear Mr. Ackerman,

On November 16, 2021, the U.S. Nuclear Regulatory Commission (NRC) issued an Order Approving Transfer of Exelon Generation Company, LLC Fleet Licenses and Draft Conforming License Amendments (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21277A248 ), On February 1, 2022, Constellation Energy, LLC notified the NRC that the Exelon Generation Company, LLC changed its name to Constellation Energy Generation, LLC and the indirect transfer of the cited licenses, to include Three Mile Island Nuclear Station (TMI), Unit 1 (TMI-1), located in Dauphin County, PA, was completed on February 1, 2022 (ADAMS Accession No. ML22032A333). Also, in the February 1, 2022 letter, Constellation Energy, LLC stated that:

Prior to the indirect license transfers, Exelon made docketed submittals to the NRC that requested specific licensing actions, such as license amendment requests, relief requests, exemption requests, etc. This letter requests that the NRC continue to process all pending licensing actions on the schedules previously requested by Exelon.

By letter dated May 20, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21140A311), Exelon (then the licensee), pursuant to 10 CFR 50.12, Specific exemptions, submitted a request for exemption from specific requirements of sections 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of Federal Regulations (10 CFR). The exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)

(1)(iv) would permit Constellation to make withdrawals from the TMI-1 decommissioning trust fund (DTF) for site restoration activities at TMI-1. The exemption from 10 CFR 50.75(h)(1)(iv) would also permit the licensee to make these withdrawals without prior notification to the NRC, similar to withdrawals for decommissioning activities made in accordance with 10 CFR 50.82(a)(8). The funds within the TMI-1 DTF were collected in compliance with the 10 CFR 50.75, Reporting and recordkeeping for decommissioning planning, financial requirements while TMI-1 was operating. Exelon included with its exemption request a cash flow analysis reflecting the balance of funds within the DTF throughout the decommissioning period, ending the year of license termination in 2081.

In accordance with 10 CFR 51.21, the NRC staff is considering issuing an environmental assessment (EA) that analyzes the environmental effects of the proposed action. Based on the results of this EA, and in accordance with 10 CFR 51.31(a), the NRC is considering determining not to prepare an environmental impact statement (EIS) for the proposed licensing action, and issuing a finding of no significant impact (FONSI).

If you have any questions, please contact me at 301 415-6822 or amy.snyder@nrc.gov.

Thank you

A