ML23086C067

Issuance of Amendment Nos. 345 and 323 Deletion of License Conditions Related to Decommissioning Trust

ML23086C067
Person / Time
Site:	Calvert Cliffs, 07200078
Issue date:	04/24/2023
From:	Sujata Goetz Plant Licensing Branch 1
To:	Rhoades D Constellation Energy Generation
Goetz, S
References
EPID L-2022-LLA-0198
Download: ML23086C067 (41)

Text

April 24, 2023 Mr. David P. Rhoades Senior Vice President President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

CALVERT CLIFFS, UNITS 1 AND 2 - ISSUANCE OF AMENDMENT NOS. 345 AND 323 RE: DELETION OF LICENSE CONDITIONS RELATED TO DECOMMISSIONING TRUST (EPID L-2022-LLA-0198)

Dear Mr. Rhoades:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment Nos. 345 and 323 to Renewed Facility Operating License Nos. DPR-53 and DPR-69 for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 (Calvert Cliffs), respectively. This amendment is in response to your application dated April 20, 2022.

The amendment deletes certain license conditions from the Calvert Cliffs Renewed Facility Operating Licenses that impose specific requirements on the decommissioning trust fund agreement. The provisions of Title 10 of the Code of Federal Regulations, Section 50.75(h), that specify the regulatory requirements for decommissioning trust funds will apply to the licensee, Constellation Energy Generation, LLC, for Calvert Cliffs.

D. Rhoades A copy of the related safety evaluation is also enclosed. Notice of Issuance will be included in the Commissions monthly Federal Register notice.

Sincerely,

/RA/

Sujata Goetz, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-317, 50-318, 72-0008, and 72-0078

Enclosures:

1. Amendment No. 345 to DPR-53

2. Amendment No. 323 to DPR-69

3. Safety Evaluation cc: Listserv

CONSTELLATION ENERGY GENERATION, LLC DOCKET NO. 50-317 CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NO. 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 345 Renewed License No. DPR-53

1. The U.S. Nuclear Regulatory Commission (NRC) has found that:

A. The application for amendment by Constellation Energy Generation, LLC (the licensee) dated April 20, 2022, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I.

B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 1

2. Accordingly, the license is amended by changes to Appendix C, Additional Conditions, to Facility Operating License No. DPR-53, as indicated in the attachment to this license amendment.

3. This license amendment is effective as of its date of issuance and shall be implemented within 180 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Digitally signed by Hipolito Hipolito J. J. Gonzalez Date: 2023.04.24 Gonzalez 13:06:20 -04'00' Hipólito J. González, Chief Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Attachments:

Changes to the Renewed Facility Operating License and Technical Specifications Date of Issuance: April 24, 2023

ATTACHMENT TO LICENSE AMENDMENT NO. 345 CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 1 RENEWED FACILITY OPERATING LICENSE NO. DPR-53 DOCKET NO. 50-317 Replace the following pages of Renewed Facility Operating License DPR-53 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Remove Page Insert Page 3 3 Replace the following pages of Appendix C to Renewed Facility Operating License DPR-53 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Remove Page Insert Page 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11

Constellation Energy Generation, LLC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use, in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Constellation Energy Generation, LLC, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license is deemed to contain and is subject to the conditions set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act, and the rules, regulations, and orders of the Commission, now or hereafter applicable; and is subject to the additional conditions specified and incorporated below:

(1) Maximum Power Level Constellation Energy Generation, LLC is authorized to operate the facility at steady-state reactor core power levels not in excess of 2737 megawatts-thermal in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 344, are hereby incorporated into this license. Constellation Energy Generation, LLC shall operate the facility in accordance with the Technical Specifications.

(a) For Surveillance Requirements (SRs) that are new, in Amendment 227 to Facility Operating License No. DPR-53, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 227. For SRs that existed prior to Amendment 227, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment 227.

(3) Additional Conditions The Additional Conditions contained in Appendix C as revised through Amendment No. 345 are hereby incorporated into this license.

Constellation Energy Generation, LLC shall operate the facility in accordance with the Additional Conditions.

Amendment No. 345

Appendix C Additional Conditions Facility Operating License No. DPR-53 Constellation Energy Generation, LLC (the licensee) and Calvert Cliffs Nuclear Power Plant, LLC (CCNPP, LLC or Company) shall comply with the following conditions on the schedule noted below:

Amendment Number Additional Condition Implementation Date 227 Baltimore Gas and Electric Company (BGE) is This amendment is effective authorized to relocate certain Technical immediately and shall be Specification requirements to licensee- implemented by August 31, controlled documents. Implementation of this 1998.

Amendment shall include the relocation of these requirements to the appropriate documents as described in the licensees application dated December 4, 1996, as supplemented by letters dated March 27, June 9, June 18, July 21, August 14, August 19, September 10, October 6, October 20, October 23, November 5, 1997, and January 12, January 28, and March 16, 1998, evaluated in the NRC staffs Safety Evaluation enclosed with this amendment.

228 BGE is authorized to incorporate in the UFSAR The updated UFSAR shall be certain changes regarding Main Steam Line implemented within 6 months Break, Steam Generator Tube Rupture, Seized after restart from the spring Rotor, and Boron Dilution Analyses. 1998 refueling outage.

237 Deleted.

Amendment No. 345 237

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Conditions Implementation Date 246 This amendment requires the licensee to incorporate Next update of the in the Updated Final Safety Analysis Report UFSAR (UFSAR) changes associated with the aircraft hazards analysis which was evaluated by the staff in the Safety Evaluation dated August 29, 2001.

248 This amendment requires the licensee to incorporate Next update of the in the Updated Final Safety Analysis Report UFSAR (UFSAR) changes associated with the loss of feedwater flow analysis which was evaluated by the staff in the safety evaluation dated February 26, 2002.

267 This amendment requires the licensee develop a 3 years after approval of long-term coupon surveillance program for the this amendment Carborundum samples. This program must verify that the Carborundum degradation rates assumed in the licensees analyses to prove subcriticality, as required by 10 CFR 50.68, remain valid over the seventy-year life span of the Unit 1 spent fuel pool.

The licensee must submit this modified coupon surveillance program to the NRC under the 10 CFR 50.90 requirements for its review and approval.

Amendment No. 345297

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Conditions Implementation Date 287 Upon implementation of Amendment No. 287 Within 60 days following adopting TSTF-448, Revision 3, the determination of completion of the Control Room envelope unfiltered air inleakage as installation and testing of required by Surveillance Requirement (SR) 3.7.8.4 in the plant modifications accordance with Technical Specification 5.5.17c(i), described in Amendment and the assessment of Control Room envelope No. 281 issued on August habitability as required by Technical Specification 29, 2007.

5.5.17.c(ii) shall be considered met. Following implementation:

(a) The first performance of SR 3.7.8.4 in accordance with Technical Specification 5.5.17c(i), shall be within the specified Frequency of 6 years (plus the 18 month allowance of SR 3.0.2) as measured from December 13, 2004, the date of the most Successful tracer gas test, or within the next 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

(b) The first performance of the periodic assessment of Control Room envelope habitability per Technical Specification 5.5.17c(ii) shall be within the next 9 months, because the time period since the most recent successful tracer gas test (December 13, 2004) is greater than 3 years.

295 CCNPP, LLC may no longer rely exclusively on an To be implemented at external sinking fund as its decommissioning time the license transfer to funding assurance mechanism and will be required to the licensee from CCNPP, implement an alternate decommissioning funding Inc. is effected.

assurance mechanism, acceptable per NRC requirements outlined in 10 CFR 50.75(e)(1), which will be used to provide decommissioning funding assurance.

297 For the Asymmetric Steam Generator Transient This amendment is analysis performed in accordance with the effective immediately and methodology of Technical Specification 5.6.5.b.8, shall be implemented the methodology shall be revised to capture the within 60 days of asymmetric core inlet temperature distribution and completion of the Unit 1 application of local peaking augmentation factors. 2012 refueling outage.

The revised methodology shall be applied to Calvert Cliffs Unit 1 core reload designs starting with Cycle 21.

Amendment No. 345297

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Conditions Implementation Date For the Seized Rotor Event analysis performed in accordance with the methodology of Technical Specification 5.6.5.b.8, the methodology shall be revised to capture the asymmetric core inlet flow distribution. The revised methodology shall be applied to Calvert Cliffs Unit 1 core reload designs starting with Cycle 21.

For the Control Element Assembly Ejection analysis performed in accordance with the methodology of Technical Specification 5.6.5.b.11, the cycle-specific hot zero power peak average radial fuel enthalpy is calculated based on a modified power dependent insertion limit with Control Element Assembly Bank 3 assumed to be fully inserted (only in the analysis, not in actual plant operations). This revised methodology shall be applied to Calvert Cliffs Unit 1 core reload designs starting with Cycle 21.

The Small Break Loss of Coolant Accident performed in accordance with the methodology of Technical Specification 5.6.5.b.9 shall be analyzed using a break spectrum with augmented detail related to break size. This revised methodology shall be applied to Calvert Cliffs Unit 1 core reload designs starting with Cycle 21.

Core Operating Limits Report Figures 3.1.6, 3.2.3, and 3.2.5 shall not be changed without prior NRC review and approval until an NRC-accepted generic, or Calvert Cliffs-specific, basis is developed for analyzing the Control Element Assembly Rod Bank Withdrawal Event, the Control Element Assembly Drop, and the Control Element Assembly Ejection (power level-sensitive transients) at full power conditions only.

Approval of the use of S-RELAP5 (Technical Specification 5.6.5.b.8) is restricted to only those safety analyses that confirm acceptable transient performance relative to the specified acceptable fuel design limits. Prior transient specific NRC approval is required to analyze transient performance relative to reactor coolant pressure boundary integrity until NRC approval is obtained for a generic or Calvert Cliffs-specific basis for the use of the methodology in Technical Specification 5.6.5.b.8 to demonstrate reactor coolant pressure boundary integrity.

Amendment No. 345297

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Conditions Implementation Date For the RODEX2-based fuel thermal-mechanical design analysis performed in accordance with the methodology of Technical Specification 5.6.5.b.3, Calvert Cliffs Unit 1 core reload designs (starting with Cycle 21) shall satisfy the following criteria:

a. Predicted rod internal pressure shall remain below the steady state system pressure.

b. The linear heat generation rate fuel centerline melting safety limit shall remain below 21.0 KW/ft.

For the Control Element Assembly Ejection analysis, Calvert Cliffs Unit 1 core reloads (starting with Cycle 21) shall satisfy the following criteria:

a. Predicted peak radial average fuel enthalpy when calculated in accordance with the methodology of Technical Specification 5.6.5.b.11 shall remain below 200 cal/g.

b. For the purpose of evaluating radiological consequences, should the SRELAP-5 hot spot model predict fuel temperature above incipient centerline melt conditions when calculated in accordance with the methodology of Technical Specification 5.6.5.b.8, a conservative radiological source term (in accordance with RG 1.183, Revision 0) shall be applied to the portion of fuel beyond incipient melt conditions (and combined with existing gap source term), and cladding failure shall be presumed.

The approval of the emergency core cooling system evaluation performed in accordance with the methodology of Technical Specification 5.6.5.b.7 shall be valid only for Calvert Cliffs Unit 1, Cycle

21. To remove this condition, Calvert Cliffs shall obtain NRC approval of the analysis of once- and twice-burned fuel for core designs following Unit 1 Cycle 21.

Amendment No. 345297

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Condition Implementation Date 343 1) Deleted No later than the closing date of the transaction approved on November 16, 2021.

Amendment No. 345343

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Condition Implementation Date

2) Constellation Energy Generation, LLC shall, no later than the date the closing of the transaction approved on November 16, 2021, occurs, enter into a Support Agreement of approximately $126 million with CCNPP, LLC. Calvert Cliffs Nuclear Power Plant, LLC shall not take any action to cause Constellation Energy Generation, LLC, or its successors and assigns, to void, cancel, or materially modify the Constellation Energy Generation, LLC Support Agreement or cause it to fail to perform, or impair its performance under the Constellation Energy Generation, LLC Support Agreement, without the prior written consent of the NRC. The Constellation Energy Generation, LLC Support Agreement may not be amended or modified without 30 days prior written notice to the Director of the Office of Nuclear Reactor Regulation or their designee. An executed copy of the Constellation Energy Generation, LLC Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed transaction.

Constellation Energy Generation, LLC shall inform the NRC in writing no later than 14 days after any funds are provided to or for CCNPP, LLC under the Constellation Energy Generation, LLC Support Agreement.

Amendment No. 345343

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Condition Implementation Date

3) Deleted.

4) Within 14 days of the closing of the transaction approved on November 16, 2021, Constellation Energy Generation, LLC shall submit to the NRC the Nuclear Operating Services Agreement reflecting the terms set forth in the application dated February 25, 2021. Section 7.1 of the Nuclear Operating Services Agreement may not be modified in any material respect related to financial arrangements that would adversely impact the ability of the licensee to fund safety-related activities authorized by the license without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.

5) Deleted

6) Deleted Amendment No. 345343

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Condition Implementation Date

7) Deleted

8) Deleted

9) Deleted Amendment No. 345343

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Conditions Implementation Date 318 (1) Before achieving full compliance with 10 CFR April 30, 2018 50.48(c), risk informed changes to the licensees fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in License Condition 2.E.(2)(b).

(2) The licensee shall complete the modifications to its facility as described in Table S-2, Plant Modifications Committed, of licensee letter dated April 22, 2016, to complete the transition to full compliance with 10 CFR 50.48(c) by April 30, 2018.

The licensee shall maintain appropriate compensatory measures in place until completion of these modifications.

(3) The licensee shall implement the items listed in Enclosure 1, Attachment S, Table S-3, Implementation Items, from licensee letter dated April 22, 2016 within 12 months after NRC approval unless that implementation date falls within a scheduled refueling outage. Then, implementation will occur 60 days after startup from that scheduled refueling outage. It should be noted that implementation item IMP-12 is associated with incorporation of the NFPA 805 modification and the completion of this implementation item is an on-going action initiated within the 180 day timeframe for completion of implementation items but only complete after completion of modification implementation per Table S-2.

Amendment No. 345318

11 Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-53 Amendment No. Additional Condition Implementation Date 339 Up to two Framatome PROtect' Lead Test With implementation of Assemblies utilizing Chromium-coated M5 this Amendment cladding and chromia doped pellets may be placed in limiting regions of the core for up to 3 cycles commencing with the implementation of Amendment 339.

339 The safety limits specified in TS 2.1.1.2 With implementation of regarding fuel centerline melt temperature for this Amendment Framatome fuel, < 5081°F, decreasing by 58°F per 10,000 MWD/MTU and adjusted for burnable poison per XN-NF-79-56(P)(A),

Revision 1, Supplement 1 is not applicable for the Framatome PROtect' Lead Test Assemblies utilizing Chromium-coated M5 cladding and chromia doped pellets for up to 3 cycles commencing with the implementation of Amendment 339.

339 The requirement that the RODEX2 predicted With implementation of rod internal pressure shall remain below the this Amendment steady state system pressure is not applicable for the Framatome PROtect' Lead Test Assemblies utilizing Chromium coated M5 cladding and chromia doped pellets for up to 3 cycles commencing with the implementation of Amendment 339.

Amendment No. 345339

CONSTELLATION ENERGY GENERATION, LLC CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 2 DOCKET NO. 50-318 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 323 Renewed License No. DPR-69

1. The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Constellation Energy Generation, LLC (the licensee), dated April 20, 2022, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 2

2. Accordingly, the license is amended by changes to Appendix C, Additional Conditions, to Facility Operating License No. DPR-69, as indicated in the attachment to this license amendment.

3. This license amendment is effective as of its date of issuance and shall be implemented within 180 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Digitally signed by Hipolito Hipolito J. J. Gonzalez Date: 2023.04.24 Gonzalez 13:08:57 -04'00' Hipólito J. González, Chief Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License Date of Issuance: April 24, 2023

ATTACHMENT TO LICENSE AMENDMENT NO. 323 CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 2 RENEWED FACILITY OPERATING LICENSE NO. DPR-69 DOCKET NO. 50-318 Replace the following pages of Renewed Facility Operating License No. DPR-69 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Remove Page Insert Page 4 4 Replace the following pages of Appendix C to Renewed Facility Operating License No. DPR-69 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Remove Page Insert Page 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11

(4) Environmental Monitoring Program If harmful effects or evidence of irreversible damage are detected by the biological monitoring program, hydrological monitoring program, and the radiological monitoring program specified in the Appendix B Technical Specifications, Constellation Energy Generation, LLC (the licensee) will provide to the staff a detailed analysis of the problem and a program of remedial action to be taken to eliminate or significantly reduce the detrimental effects or damage.

(5) Additional Conditions The Additional Conditions contained in Appendix C as revised through Amendment No. 323 are hereby incorporated into this license.

Constellation Energy Generation, LLC shall operate the facility in accordance with the Additional Conditions.

(6) Secondary Water Chemistry Monitoring Program Constellation Energy Generation, LLC shall implement a secondary water chemistry monitoring program to inhibit steam generator tube degradation. This program shall include:

a. Identification of a sampling schedule for the critical parameters and control points for these parameters;

b. Identification of the procedures used to quantify parameters that are critical to control points;

c. Identification of process sampling points;

d. Procedure for recording and management of data;

e. Procedures defining corrective actions for off control point chemistry conditions; and

f. A procedure identifying the authority responsible for the interpretation of the data and the sequence and timing of administrative events required to initiate corrective action.

Amendment No. 323

Appendix C Additional Conditions Facility Operating License No. DPR-69 Constellation Energy Generation, LLC (the licensee) and Calvert Cliffs Nuclear Power Plant, LLC (CCNPP, LLC or Company) shall comply with the following conditions on the schedule noted below:

Amendment Number Additional Condition Implementation Date 201 Baltimore Gas and Electric Company (BGE) is This amendment is effective authorized to relocate certain Technical immediately and shall be Specification requirements to licensee- implemented by August 31, controlled documents. Implementation of this 1998.

amendment shall include the relocation of these requirements to the appropriate documents as described in the licensees application dated December 4, 1996, as supplemented by letters dated March 27, June 9, June 18, July 21, August 14, August 19, September 10, October 6, October 20, October 23, November 5, 1997, and January 12, January 28, and March 16, 1998, evaluated in the NRC staffs Safety Evaluation enclosed with this amendment.

202 BGE is authorized to incorporate certain The updated UFSAR shall be changes in the UFSAR regarding Main Steam implemented within 6 months Line Break, Steam Generator Tube Rupture, after restart from the spring Seized Rotor, and Boron Dilution Analyses. 1999 refueling outage.

211 Deleted. .

Amendment No. 323321

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Conditions Implementation Date 221 This amendment requires the licensee to incorporate Next update of the UFSAR in the Updated Final Safety Analysis Report (UFSAR) changes associated with the aircraft hazards analysis which was evaluated by the staff in the Safety Evaluation dated August 29, 2001.

224 This amendment requires the licensee to incorporate Next update of the UFSAR in the Updated Final Safety Analysis Report (UFSAR) changes associated with the loss of feedwater flow analysis which was evaluated by the staff in the safety evaluation dated February 26, 2002.

264 Upon implementation of Amendment No. 287 Within 60 days following adopting TSTF-448, Revision 3, the determination of completion of the Control Room envelope unfiltered air inleakage as installation and testing of required by Surveillance Requirement (SR) 3.7.8.4 in the plant modifications accordance with Technical Specification 5.5.17c(i),

and the assessment of Control Room envelope described in Amendment habitability as required by Technical Specification No. 281 issued on August 5.5.17.c(ii) shall be considered met. Following 29, 2007.

implementation:

(a) The first performance of SR 3.7.8.4 in accordance with Technical Specification 5.5.17c(i),

shall be within the specified Frequency of 6 years (plus the 18 month allowance of SR 3.0.2) as measured from December 13, 2004, the date of the most successful tracer gas test, or within the next 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

(b) The first performance of the periodic assessment of Control Room envelope habitability per Technical Specification 5.5.17c(ii) shall be within the next 9 months, because the time period since the most recent successful tracer gas test (December 13, 2004) is greater than 3 years.

271 CCNPP, LLC may no longer rely exclusively on an To be implemented at time external sinking fund as its decommissioning the license transfer to the funding assurance mechanism and will be required to licensee from CCNPP, Inc.

implement an alternate decommissioning funding is effected.

assurance mechanism, acceptable per NRC requirements outlined in 10 CFR 50.75(e)(1), which will be used to provide decommissioning funding assurance.

Amendment No. 323211

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Conditions Implementation Date 273 For the Asymmetric Steam Generator Transient This amendment is analysis performed in accordance with the effective immediately methodology of Technical Specification 5.6.5.b.8, and shall be implemented the methodology shall be revised to capture the within 60 days of asymmetric core inlet temperature distribution and application of local peaking augmentation factors. issuance.

The revised methodology shall be applied to Calvert Cliffs Unit 2 core reload designs starting with Cycle 19.

For the Seized Rotor Event analysis performed in accordance with the methodology of Technical Specification 5.6.5.b.8, the methodology shall be revised to capture the asymmetric core inlet flow distribution. The revised methodology shall be applied to Calvert Cliffs Unit 2 core reload designs starting with Cycle 19.

For the Control Element Assembly Ejection analysis performed in accordance with the methodology of Technical Specification 5.6.5.b.11, the cycle-specific hot zero power peak average radial fuel enthalpy is calculated based on a modified power dependent insertion limit with Control Element Assembly Bank 3 assumed to be fully inserted (only in the analysis, not in actual plant operations). This revised methodology shall be applied to Calvert Cliffs Unit 2 core reload designs starting with Cycle 19.

The Small Break Loss of Coolant accident performed in accordance with the methodology of Technical Specification 5.6.5.b.9 shall be analyzed using a break spectrum with augmented detail related to break size. This revised methodology shall be applied to Calvert Cliffs Unit 2 core reload designs starting with Cycle 19.

Core Operating Limits Report Figures 3.1.6, 3.2.3, and 3.2.5 shall not be changed without prior NRC review and approval until an NRC-accepted generic, or Calvert Cliffs-specific, basis is developed for analyzing the Control Element Assembly Rod Bank Withdrawal Event, the Control Element Assembly Drop, and the Control Element Assembly Ejection (power level-sensitive transients) at full power conditions only.

Amendment No. 323273

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Conditions Implementation Date Approval of the use of S-RELAP5 (Technical Specification 5.6.5.b.8) is restricted to only those safety analyses that confirm acceptable transient performance relative to the specified acceptable fuel design limits. Prior transient specific NRC approval is required to analyze transient performance relative to reactor coolant pressure boundary integrity until NRC-approval is obtained for a generic or Calvert Cliffs-specific basis for the use of the methodology in Technical Specification 5.6.5.b.8 to demonstrate reactor coolant pressure boundary integrity.

For the RODEX2-based fuel thermal-mechanical design analysis performed in accordance with the methodology of Technical Specification 5.6.5.b.3, Calvert Cliffs Unit 2 core reload designs (starting with Cycle 19) shall satisfy the following criteria:

a. Predicted rod internal pressure shall remain below the steady state system pressure.

b. The linear heat generation rate fuel centerline melting safety limit shall remain below 21.0 KW/ft.

For the Control Element Assembly Ejection analysis, Calvert Cliffs Unit 2 core reloads (starting with Cycle 19) shall satisfy the following criteria:

a. Predicted peak radial average fuel enthalpy when calculated in accordance with the methodology of Technical Specification 5.6.5.b.11 shall remain below 200 cal/g.

b. For the purpose of evaluating radiological consequences, should the S-RELAP5 hot spot model predict fuel temperature above incipient centerline melt conditions when calculated in accordance with the methodology of Technical Specification 5.6.5.b.8, a conservative radiological source term (in accordance with Regulatory Guide 1.183, Revision 0) shall be applied to the portion of fuel beyond incipient melt conditions (and combined with existing gap source term), and cladding failure shall be presumed.

Amendment No. 323273

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Conditions Implementation Date The approval of the emergency core cooling system evaluation performed in accordance with the methodology of Technical Specification 5.6.5.b.7 shall be valid only for Calvert Cliffs Unit 2, Cycle

19. To remove this condition, Calvert Cliffs shall obtain NRC approval of the analysis of once- and twice-burned fuel for core designs following Unit 2 Cycle 19.

280 For the period from January 26, 2013 through This amendment is February 17, 2013, for Technical Specification 3.6.6, effective immediately an OPERABLE A train of the Containment and shall be implemented Cooling system consists of two operable containment by January 26, 2013 cooling fans and coolers and the associated instruments and controls. An OPERABLE B train of the Containment Cooling system consists of one operable containment cooling fan and cooler and the associated instruments and controls.

In addition, the following limitations must be met for each Containment Cooling train to be considered OPERABLE:

(1) The Unit 2 RWT water temperature shall not exceed 80°F, (2) The Unit 2 containment average air temperature shall not exceed 95°F, (3) The Unit 2 initial containment pressure shall not exceed 1.0 psig, and (4) The saltwater inlet average water temperature shall not exceed 80°F.

Amendment No. 323280

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Condition Implementation Date 321 1) Deleted No later than the closing date of the transaction approved on November 16, 2021.

Amendment No. 323321

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Condition Implementation Date

2) Constellation Energy Generation, LLC shall, no later than the date the closing of the transaction approved on November 16, 2021, occurs, enter into a Support Agreement of approximately $126 million with CCNPP, LLC. Calvert Cliffs Nuclear Power Plant, LLC shall not take any action to cause Constellation Energy Generation, LLC, or its successors and assigns, to void, cancel, or materially modify the Constellation Energy Generation, LLC Support Agreement or cause it to fail to perform, or impair its performance under the Constellation Energy Generation, LLC Support Agreement, without the prior written consent of the NRC. The Constellation Energy Generation, LLC Support Agreement may not be amended or modified without 30 days prior written notice to the Director of the Office of Nuclear Reactor Regulation or their designee. An executed copy of the SPINCO Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed transaction. Constellation Energy Generation, LLC shall inform the NRC in writing no later than 14 days after any funds are provided to or for CCNPP, LLC under the Constellation Energy Generation, LLC Support Agreement.

Amendment No. 323321

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Condition Implementation Date

3) Deleted.

4) Within 14 days of the closing of the transaction approved on November 16, 2021, Constellation Energy Generation, LLC shall submit to the NRC the Nuclear Operating Services Agreement reflecting the terms set forth in the application dated February 25, 2021. Section 7.1 of the Nuclear Operating Services Agreement may not be modified in any material respect related to financial arrangements that would adversely impact the ability of the licensee to fund safety-related activities authorized by the license without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.

5) Deleted

6) Deleted Amendment No. 323321

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Condition Implementation Date

7) Deleted

8) Deleted

9) Deleted Amendment No. 323321

Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Conditions Implementation Date 296 (1) Before achieving full compliance with April 30, 2018 10 CFR 50.48(c), risk informed changes to the licensees fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in License Condition 2.E.(2)(b).

(2) The licensee shall complete the modifications to its facility as described in Table S-2, Plant Modifications Committed, of licensee letter dated April 22, 2016, to complete the transition to full compliance with 10 CFR 50.48(c) by April 30, 2018.

The licensee shall maintain appropriate compensatory measures in place until completion of these modifications.

(3) The licensee shall implement the items listed in Enclosure 1, Attachment S, Table S-3, Implementation Items, from licensee letter dated April 22, 2016 within 12 months after NRC approval unless that implementation date falls within a scheduled refueling outage. Then, implementation will occur 60 days after startup from that scheduled refueling outage. It should be noted that implementation item IMP-12 is associated with incorporation of the NFPA 805 modification and the completion of this implementation item is an on-going action initiated within the 180 day timeframe for completion of implementation items but only complete after completion of modification implementation per Table S-2.

Amendment No. 323296

11 Appendix C (Contd)

Additional Conditions Facility Operating License No. DPR-69 Amendment No. Additional Condition Implementation Date 317 Up to two Framatome PROtect' Lead Test With implementation of Assemblies utilizing Chromium-coated M5 this Amendment cladding and chromia doped pellets may be placed in limiting regions of the core for up to 3 cycles commencing with the implementation of Amendment 317.

317 The safety limits specified in TS 2.1.1.2 With implementation of regarding fuel centerline melt temperature for this Amendment Framatome fuel, < 5081°F, decreasing by 58°F per 10,000 MWD/MTU and adjusted for burnable poison per XN-NF-79-56(P)(A),

Revision 1, Supplement 1 is not applicable for the Framatome PROtect' Lead Test Assemblies utilizing Chromium-coated M5 cladding and chromia doped pellets for up to 3 cycles commencing with the implementation of Amendment 317.

317 The requirement that the RODEX2 predicted With implementation of rod internal pressure shall remain below the this Amendment steady state system pressure is not applicable for the Framatome PROtect' Lead Test Assemblies utilizing Chromium coated M5 cladding and chromia doped pellets for up to 3 cycles commencing with the implementation of Amendment 317.

Amendment No. 323317

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION AND THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS RELATED TO AMENDMENT NO. 345 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-53 AMENDMENT NO. 323 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-69 CONSTELLATION ENERGY GENERATION, LLC CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-317 and 50-318

1.0 INTRODUCTION

By letter dated April 20, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22110A155), Constellation Energy Generation, LLC (Constellation, the licensee) proposed amendments to Calvert Cliffs Nuclear Power Plant, Units 1 and 2 (Calvert Cliffs), Renewed Facility Operating Licenses DPR-53 (Unit 1) and DPR-69 (Unit 2).

Specifically, the licensee proposed to delete certain license conditions associated with Amendment No. 237 (Unit 1) and Amendment No. 211 (Unit 2) from Appendix C of the renewed facility operating licenses that impose requirements on the decommissioning trust agreement.

Upon approval of these amendments, the provisions of Title 10 of the Code of Federal Regulations (10 CFR), Section 50.75(h) that specify the regulatory requirements for decommissioning trust funds will apply to Calvert Cliffs.

2.0 REGULATORY EVALUATION

The U.S. Nuclear Regulatory Commission (NRC) staff considered the following regulations, licensing basis, and guidance during its review of the proposed changes.

2.1 Regulations In December 2002, the NRC amended its regulations in 10 CFR 50.75(e) (Volume 67, Federal Register, page 78332 (67 FR 78332)) and added new provisions under 10 CFR 50.75(h)(1))

through (4) that govern financial assurance mechanisms for licensees that are not electric utilities 1 as defined in 10 CFR 50.2. The provisions in 10 CFR 50.75(h) include substantially similar decommissioning trust requirements as those found in Constellations license conditions.

In establishing these requirements, the NRC stated that it has always believed that it is 1

Constellation is not an electric utility because Constellation does not recover the cost of electricity, either directly or indirectly, generated through rates established by itself or by a separate regulatory authority.

Enclosure 3

preferable and more efficient to adopt standard rules, as opposed to applying specific license conditions on a case-by-case basis (67 FR 78334). In its 2002 rulemaking, the NRC addressed several comments regarding potential conflicts or inconsistencies between the provisions of 10 CFR 50.75(h) and a licensees existing decommissioning trust-related license conditions.

The NRC explained that licensees will have the option of maintaining their existing license conditions or submitting to the new requirements and will be able to decide for themselves whether they prefer to keep or eliminate their specific license conditions. To support the option to amend and eliminate these license conditions, the NRC made a generic determination in 10 CFR 50.75(h)(4) that a license amendment, which does no more than delete specific license conditions relating to the terms and conditions of decommissioning trust agreements, involves no significant hazards consideration.

After the promulgation of 10 CFR 50.75(h)(1)-(4), the NRC received a comment that the rule language did not sufficiently reflect the NRCs intent that individual licensees should have the option of retaining their existing license conditions. In November 2003, the NRC added section 10 CFR 50.75(h)(5) to the regulations (68 FR 65386), which explicitly allows licensees to choose to either maintain their existing license conditions or eliminate them in favor of complying with the new regulatory requirements. Section 50.75(h)(5) states:

The provisions of paragraphs (h)(1) through (h)(3) of this section do not apply to any licensee that as of December 24, 2003, has existing license conditions relating to decommissioning trust agreements, so long as the licensee does not elect to amend those license conditions. If a licensee with existing license conditions relating to decommissioning trust agreements elects to amend those conditions, the license amendment shall be in accordance with the provisions of paragraph (h) of this section.

Consistent with 10 CFR 50.75(h)(5), Constellation has requested to submit to the requirements of 10 CFR 50.75(h) to delete the decommissioning trust agreement-related license conditions that are currently in Appendix C, Additional Conditions, to the Calvert Cliffs operating licenses.

2.2 Licensing Basis By order and amendment Nos. 237 and 211 dated June 30, 2000 (ML003727966), the NRC approved the license transfer of Calvert Cliffs from Baltimore Gas and Electric (BGE) company to Constellation Energy. Amendment Nos. 237 and 211 imposed certain license conditions on the licensee, as also discussed in section III(3) of the order.

These license conditions are in Appendix C of the renewed facility operating licenses for Units 1 and 2, under Amendment Nos. 237 (for Unit 1) and 211 (for Unit 2), 2 and state, in part:

The decommissioning trust agreement for Calvert Cliffs, Unit 1[2] at the time the license transfer to the Company from BGE is effected, is subject to the following:

(a) The decommissioning trust agreement must be in a form acceptable to the NRC.

2 This safety evaluation refers to these license conditions as license conditions 237 and 211.

(b) With respect to the decommissioning trust funds, investments in the securities or other obligations of Constellation Energy Corporation or its affiliates, successors, or assigns shall be prohibited. Except for investments tied to market indexes or other nonnuclear-sector mutual funds, investments in any entity owning one or more nuclear power plants are prohibited.

(c) The decommissioning trust agreement must provide that no disbursements or payments from the trust shall be made by the trustee until the trustee has first given the NRC 30-days prior written notice of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the Director, Office of Nuclear Reactor Regulation.

(d) The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30-days prior written notification to the Director, Office of Nuclear Reactor Regulation.

(e) The appropriate section of the decommissioning trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a prudent investor standard, as specified in 18 CFR [Title 18 of the Code of Federal Regulations] 35.32(a)(3) of the Federal Energy Regulatory Commissions regulations.

[Paragraph 1] Company shall provide decommissioning funding assurance, to be held in decommissioning trusts for Calvert Cliffs Unit 1 upon the transfer of the license to Company, in an amount equal to or greater than the balance in the Calvert Cliffs Unit 1 decommissioning trusts immediately prior to the transfer. In addition, Company shall ensure that all contractual arrangements referred to in the application for approval of the transfer of this license to Company to obtain necessary decommissioning funds for Calvert Cliffs Unit 1 through a non-bypassable charge are executed and will be maintained until the decommissioning trust is fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commissions regulations are maintained.

[Paragraph 2] Company shall take all-necessary steps to ensure that the decommissioning trusts are maintained in accordance with the application for approval of the transfer of this license to Company, the requirements of the Order dated June 30, 2000 approving the transfer, and the related safety evaluation.

2.3 Guidance NUREG-1577, Rev. 1, Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance was used to review the licensees license amendment request (LAR).

3.0 TECHNICAL EVALUATION

3.1 Method of Review The NRC staff evaluated the LAR to determine whether the proposed changes are consistent with the regulations, licensing basis information, and guidance, as applicable, discussed in section 2.0 of this safety evaluation.

3.2 Removal of Decommissioning Trust Agreement License Conditions 3.2.1 Removal of License Conditions 237/211(a)

The NRC staff finds that these license conditions are related to decommissioning trust agreements and is implicit in the regulations in 10 CFR 50.75(e) and (h). Thus, the decommissioning trust requirements in 10 CFR 50.75(h), consistent with 10 CFR 50.75(h)(5),

would apply to Constellation with the deletion of these license conditions. Therefore, the staff finds Constellations request to delete these license conditions acceptable.

3.2.2 Removal of License Condition 237/211(b)

The content of license conditions 237(b) for Unit 1 and 211(b) for Unit 2 in Appendix C to the Calvert Cliffs operating licenses is addressed in 10 CFR 50.75(h)(1)(i)(A), which states:

The trustee, manager, investment advisor, or other person directing investment of the funds: Is prohibited from investing the funds in securities or other obligations of the licensee or any other owner or operator of any nuclear power reactor or their affiliates, subsidiaries, successors or assigns, or in a mutual fund in which at least 50 percent of the fund is invested in the securities of a licensee or parent company whose subsidiary is an owner or operator of a foreign or domestic nuclear power plant. However, the funds may be invested in securities tied to market indices or other non-nuclear sector collective, commingled, or mutual funds, provided that this subsection shall not operate in such a way as to require the sale or transfer either in whole or in part, or other disposition of any such prohibited investment that was made before the publication date of this rule, and provided further that no more than 10 percent of trust assets may be indirectly invested in securities of any entity owning or operating one or more nuclear power plants.

Based on this information, the NRC staff finds that these license conditions are related to decommissioning trust agreements. Thus, the decommissioning trust requirements in 10 CFR 50.75(h), consistent with 10 CFR 50.75(h)(5), would apply to Constellation with the deletion of these license conditions. Therefore, the staff finds Constellations request to delete these license conditions acceptable.

3.2.3 Removal of License Condition 237/211(c)

The content of license conditions 237(c) for Unit 1 and 211(c) for Unit 2 in Appendix C to the Calvert Cliffs operating licenses is addressed in 10 CFR 50.75(h)(1)(iv), which states:

Except for withdrawals being made under § 50.82(a)(8) or for payments of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, no disbursement or payment may be made from the trust, escrow account, Government fund, or other account used to segregate and manage the funds until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust, escrow account, Government fund or other account may be made following the 30-working day notice period if the person responsible for managing the trust, escrow account, Government fund, or other account does not receive written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period.

Disbursements or payments from the trust, escrow account, Government fund, or other account used to segregate and manage the funds, other than for payment of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, are restricted to decommissioning expenses or transfer to another financial assurance method acceptable under paragraph (e) of this section until final decommissioning has been completed.

After decommissioning has begun and withdrawals from the decommissioning fund are made under § 50.82(a)(8), no further notification need be made to the NRC.

Based on this information, the NRC staff finds that these license conditions are related to decommissioning trust agreements. Thus, the decommissioning trust requirements in 10 CFR 50.75(h), consistent with 10 CFR 50.75(h)(5), would apply to Constellation with the deletion of these license conditions. Therefore, the staff finds Constellations request to delete these license conditions acceptable.

3.2.4 Removal of License Condition 237/211(d)

The content of license conditions 237(d) for Unit 1 and 211(d) for Unit 2 in Appendix C to the Calvert Cliffs operating licenses is addressed in 10 CFR 50.75(h)(1)(iii), which states:

The trust, escrow account, Government fund, or other account used to segregate and manage the funds may not be amended in any material respect without written notification to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the proposed effective date of the amendment. The licensee shall provide the text of the proposed amendment and a statement of the reason for the proposed amendment. The trust, escrow account, Government fund, or other account may not be amended if the person responsible for managing the trust, escrow account, Government fund, or other account receives written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period.

Based on this information, the NRC staff finds that these license conditions are related to decommissioning trust agreements. Thus, the decommissioning trust requirements in 10 CFR 50.75(h), consistent with 10 CFR 50.75(h)(5), would apply to Constellation with the deletion of these license conditions. Therefore, the staff finds Constellations request to delete these license conditions acceptable.

3.2.5 Removal of License Condition 237/211(e)

The content of license conditions 237(e) for Unit 1 and 211(e) for Unit 2 in Appendix C to the Calvert Cliffs operating licenses is addressed in 10 CFR 50.75(h)(1)(i)(B), which states:

The trustee, manager, investment advisor, or other person directing investment of the funds: Is obligated at all times to adhere to a standard of care set forth in the trust, which either shall be the standard of care, whether in investing or otherwise, required by State or Federal law or one or more State or Federal regulatory agencies with jurisdiction over the trust funds, or, in the absence of any such standard of care, whether in investing or otherwise, that a prudent investor would use in the same circumstances. The term prudent investor, shall have the same meaning as set forth in the Federal Energy Regulatory Commissions Regulations Governing Nuclear Plant Decommissioning Trust Funds at 18 CFR 35.32(a)(3), or any successor regulation.

Based on this information, the NRC staff finds that these license conditions are related to decommissioning trust agreements. Thus, the decommissioning trust requirements in 10 CFR 50.75(h), consistent with 10 CFR 50.75(h)(5), would apply to Constellation with the deletion of these license conditions. Therefore, the staff finds Constellations request to delete these license conditions acceptable.

3.3 Removal of Maintenance of Decommissioning Funding Assurance and Trust Maintenance License Conditions Section 2.2 of this SE has additional license conditions that are not numbered in the license.

The license conditions in [Paragraph 1] and [Paragraph 2] discuss transfer of licenses to Exelon. Exelons name was subsequently changed to Constellation.

3.3 Removal of Maintenance of Decommissioning Funding Assurance and Trust Maintenance License Conditions The content of the additional conditions in [Paragraph 1] states:

Company shall provide decommissioning funding assurance, to be held in decommissioning trusts for Calvert Cliffs Unit 1 upon the transfer of the license to Company, in an amount equal to or greater than the balance in the Calvert Cliffs Unit 1 decommissioning trusts immediately prior to the transfer. In addition, Company shall ensure that all contractual arrangements referred to in the application for approval of the transfer of this license to Company to obtain necessary decommissioning funds for Calvert Cliffs Unit 1 through a non-bypassable charge are executed and will be maintained until the decommissioning trust is fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commissions regulations are maintained.

The NRC staff finds that these license conditions are related to decommissioning trust agreements. The transfers mentioned in the license conditions have been completed.

Constellation is responsible for the decommissioning of the facility and the associated decommissioning trust fund. Thus, the decommissioning trust requirements in 10 CFR 50.75(h),

consistent with 10 CFR 50.75(h)(5), would apply to Constellation with the deletion of these license conditions. Therefore, the staff finds Constellations request to delete the Calvert Cliffs license conditions in [Paragraph 1] acceptable.

The content of the additional conditions in [Paragraph 2] states:

Company shall take all-necessary steps to ensure that the decommissioning trusts are maintained in accordance with the application for approval of the transfer of this license to Company, the requirements of the Order dated June 30, 2000 approving the transfer, and the related safety evaluation.

Consistent with 10 CFR 50.75(h)(5), Constellation proposes to delete the license conditions listed in [Paragraph 2]. Upon the deletion of these license conditions, the provisions of 10 CFR 50.75(h) that specify the regulatory requirements for decommissioning trusts will apply to Constellation. As noted in section 2.1 of this safety evaluation, 10 CFR 50.75(h)(5) provides licensees with the option of retaining their existing license conditions relating to decommissioning trust agreements or eliminating them in favor of complying with the generic requirements for decommissioning trust agreements in 10 CFR 50.75(h). Therefore, the NRC staff finds it acceptable to delete these license conditions.

3.4 Conforming Changes to Operating License Pages With the approval of the deletion of the license conditions associated with Amendment Nos. 237 (Unit 1) and 211 (Unit 2) in Appendix C of the Calvert Cliffs renewed facility operating licenses, the operating licenses would have had two blank pages. Therefore, NRC staff determined that shifting the remaining conditions to begin on page 2 rather than page 4 is an acceptable editorial change that does not change the content or interpretation of the remaining conditions and issued the amendments to reflect this change. The NRC staff also determined that the table lines and borders in the conditions associated with Amendment Nos. 339 for Unit 1 and 317 for Unit 2 were editorially unnecessary and inconsistent with the remaining conditions and, therefore, deleted these table lines and borders.

3.5 Technical Evaluation Summary The NRC staff reviewed Constellations request to delete the license conditions associated with Amendment Nos. 237 (Unit 1) and 211 (Unit 2) in Appendix C of the Calvert Cliffs renewed facility operating licenses relating to the terms and conditions of decommissioning trust agreements and, instead, to comply with the regulations in 10 CFR 50.75(h). Based on its evaluation above, the NRC staff finds the licensees proposed deletions to be reasonable and there will be reasonable decommissioning funding assurance needed to carry out decommissioning activities because the licensee must comply with the decommissioning trust fund requirements in 10 CFR 50.75(h). Therefore, the NRC staff concludes the licensees request to be acceptable.

4.0 STATE CONSULTATION

In accordance with the Commissions regulations, the State of Maryland official was notified of the proposed issuance of the amendments on March 30, 2023. The official did not provide any comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendments relate to changes in surety, recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendments meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendments.

6.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of these amendments will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: E. Tabakov, NMSS A. Klett, NRR Date of Issuance: April 24, 2023

ML23086C067 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NMSS/REFS/FAB NAME AKlett KEntz FMiller DATE 4/3/2023 4/5/2023 3/27/2023 OFFICE OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME ANaber HGonzález SGoetz DATE 4/19/2023 4/24/2023 4/24/2023