ML24128A275

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Notice of Acceptance and Opportunity for Hearing - Federal Register Notice
ML24128A275
Person / Time
Site: Dresden  Constellation icon.png
Issue date: 06/17/2024
From: Lauren Gibson
NRC/NRR/DNRL/NLRP
To: Denise Wilson
Constellation Energy Company
Shared Package
ML24128A273 List:
References
NRC-2024-0080
Download: ML24128A275 (9)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249; NRC-2024-0080]

Constellation Energy Generation, LLC;

Dresden Nuclear Power Station, Units 2 and 3;

Subsequent License Renewal Application

AGENCY: Nuclear Regulatory Commission.

ACTION: Opportunity to request a hearing and to petition for leave to intervene.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is considering an

application for the subsequent license renewal of Renewed Facility Operating License

Nos. DPR-19 and DPR-25, which authorize Constellation Energy Generation, LLC

(CEG, the applicant) to operate Dresden Nuclear Power Station (Dresden), Units 2

and 3. The subsequent renewed licenses would authorize CEG to operate Dresden for

an additional 20 years beyond the period specified in each of the current licenses. The

current operating license for Dresden, Unit 2, expires December 22, 2029. The current

operating license for Dresden, Unit 3, expires January 12, 2031.

DATES: A request for a hearing or petition for leave to intervene must be filed by

[INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL

REGISTER].

ADDRESSES: Please refer to Docket ID NRC-2024-0080 when contacting the NRC

about the availability of information regar ding this document. You may obtain publicly

available information related to this document using any of the following methods:

search for Docket ID NRC-2024-0080. Address questions about Docket IDs in

Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the

For Further Information Contact section of this document.

  • NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please

contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at

301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number

for each document referenced (if it is available in ADAMS) is provided the first time that it

is mentioned in this document.

Dresden, Units 2 and 3, can be accessed at the following public libraries: Morris Area

Public Library, 604 Liberty St, Morris, IL 60450, and Coal City Public Library District,

85 N Garfield St, Coal City, IL 60416.

  • NRCs PDR: The PDR, where you may examine and order copies of publicly

available documents, is open by appointment. To make an appointment to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Yoo, Office of Nuclear Reactor

Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;

telephone: 301-415-8583; email: Mark.Yoo@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC received a subsequent license renew al application (SLRA) from CEG,

2 dated April 17, 2024 (ADAMS Package Accession No. ML24108A007), filed pursuant to

section 103 of the Atomic Energy Act of 1954, as amended (the Act), and part 54 of

title 10 of the Code of Federal Regulations (10 CFR), Requirements for Renewal of

Operating Licenses for Nuclear Power Plants, requesting the renewal of the operating

licenses for Dresden, Units 2 and 3, at 2,957 megawatts thermal for each unit. The

Dresden units are boiling-water reactors located in Morris, Illinois. A notice of receipt of

the SLRA was published in the Federal Register on May 7, 2024, (89 FR 38197).

The NRC staff has determined that CEG has submitted sufficient information in

accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c), to enable the

staff to undertake a review of the application, and that the application is, therefore,

acceptable for docketing. The current docket nos. 50-237 and 50-249 for the Renewed

Facility Operating License Nos. DPR-19 and DPR-25 will be retained. The determination

to accept the SLRA for docketing does not constitute a determination that a subsequent

renewed license should be issued and does not preclude the NRC staff from requesting

additional information as the review proceeds.

Before issuance of the requested subsequent renewed licenses, the NRC will

have made the findings required by the Act and the Commissions rules and regulations.

In accordance with 10 CFR 54.29, the NRC may issue a subsequent renewed license on

the basis of its review if it finds that 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 as

requiring aging management review; and (2) ti me-limited aging analyses that have been

identified as requiring review, such that there is reasonable assurance that the activities

authorized by the renewed license will continue to be conducted in accordance with the

3 current licensing basis and that any changes made to the plants current licensing basis

will comply with the Act and the Commissions regulations.

In Florida Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4),

CLI-22-2 (ADAMS Accession No. ML22055A496), the Commission found that

10 CFR 51.53(c)(3), which at the time allowed applicants for initial license renewal to

rely on the 2013 Generic Environmental Impac t Statement for License Renewal (GEIS)

in their environmental reports for Category 1 issues, does not apply to applications for

subsequent license renewal. The Commission further found that the GEIS itself does not

describe the environmental impacts of operation during the period of subsequent license

renewal. In CLI-22-2 the Commission found that because the 2013 GEIS did not

consider the impacts from operations during the subsequent license renewal period,

applicants for subsequent license renewal must evaluate on a site-specific basis

Category 1 impacts. Separately, in Staff Requirements Memorandum (SRM) - SECY-

21-0066 - Rulemaking Plan for Renewing Nuclear Power Plant Operating Licenses -

Environmental Review (RIN 3150-AK32; NRC-2018-0296), dated February 24, 2022,

(ADAMS Accession No. ML22053A308), the Commission directed the staff to review

and update the 2013 GEIS so that it covers operation during the subsequent license

renewal period.

In SRM-M240516A: Affirmation Session - SECY-24-0017: Final Rule - Renewing

Nuclear Power Plant Operating Licenses - Environmental Review (RIN 3150-AK32;

NRC-2018-0296), dated May 16, 2024, (ADAMS Package Accession No.

ML24137A213), the Commission approved a final rule that will amend 10 CFR part 51,

Environmental Protection Regulations for Domestic Licensing and Related Regulatory

Functions by, among other things, updating Tabl e B-1, Summary of Findings on NEPA

[National Environmental Policy Act] Issues for License Renewal of Nuclear Power

4 Plants, in appendix B, Environmental Effect of Renewing the Operating License of a

Nuclear Power Plant, to 10 CFR part 51, subpart A, National Environmental Policy Act-

Regulations Implementing Section 102(2). The updates to Table B-1 are supported by

the revised NUREG-1437, Revision 2, Generic Environmental Impact Statement for

License Renewal of Nuclear Plants (LR GEIS). The updates fully account for one term

of subsequent license renewal (SLR) by reflecting a thorough evaluation of the

environmental impacts of SLR in the LR GEIS; the staff has also updated associated

guidance. Additionally, the final rule will remove the word initial from

10 CFR 51.53(c)(3) and make conforming changes in 10 CFR 51.53(c)(3)(ii) and

10 CFR 51.95(c). The final Federal Register notice for the updated rule has not yet been

published. The licensee's environmental report evaluated Category 1 impacts via site-

specific analyses because the GEIS rulemaking was not complete when the licensee

submitted its SLR application.

II. Opportunity to Request a Hearing and Petition for Leave to Intervene

Within 60 days after the date of publication of this notice, any person (petitioner)

whose interest may be affected by this action may file a request for a hearing and

petition for leave to intervene (petition) with re spect to the action. Petitions shall be filed

in accordance with the Commissions Agency Rules of Practice and Procedure in

10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the

presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be

issued.

Petitions must be filed no later than 60 days from the date of publication of this

notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)

section of this document. Petitions and motions for leave to file new or amended

contentions that are filed after the deadline will not be entertained absent a

5 determination by the presiding officer t hat the filing demonstrates good cause by

satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).

A State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof, may submit a petition to the Commission to participate as a

party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this

notice. Alternatively, a State, local go vernmental body, Federally recognized Indian

Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

For information about filing a petition and about participation by a person not a

party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053

(https://adamswebsearch2.nrc.gov/webSear ch2/main.jsp?AccessionNumber=ML20340A

053) and the NRCs public website at https://www.nrc.gov/about-

nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including documents filed

by an interested State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to

submit and serve all adjudicatory documents over the internet, or in some cases, to mail

copies on electronic storage media, unless an exemption permitting an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions is

located in the Guidance for Electronic S ubmissions to the NRC (ADAMS Accession

No. ML13031A056) and on the NRCs public websit e at https://www.nrc.gov/site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at least 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by email at

6 Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital

identification (ID) certificate, which allows the participant (or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Secretary that the participant

will be submitting a petition or other adjudicatory document (even in instances in which

the participant, or its counsel or represent ative, already holds an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic docket

for the proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on the NRCs

public website at https://www.nrc.gov/site-hel p/e-submittals/getting-started.html. After a

digital ID certificate is obtained and a docket created, the participant must submit

adjudicatory documents in Portable Document Format. Guidance on submissions is

available on the NRCs public website at http s://www.nrc.gov/site-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the document is submitted through

the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the

E--Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a

transmission, the E-Filing system time-sta mps the document and sends the submitter an

email confirming receipt of the document. The E-Filing system also distributes an email

that provides access to the document to the NRCs Office of the General Counsel and

any others who have advised the Office of the Secretary that they wish to participate in

the proceeding, so that the filer need not serve the document on those participants

separately. Therefore, applicants and other participants (or their counsel or

representative) must apply for and receive a digital ID certificate before adjudicatory

documents are filed to obtain access to the documents via the E-Filing system.

7 A person filing electronically using the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at

1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and

6 p.m., ET, Monday through Friday, except Federal holidays.

Participants who believe that they hav e good cause for not submitting documents

electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with

their initial paper filing stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in paper format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing

adjudicatory documents in this manner are re sponsible for serving their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an NRC-

issued digital ID certificate as previously described, click cancel when the link requests

certificates and you will be automatically di rected to the NRCs electronic hearing docket

where you will be able to access any publicly available documents in a particular hearing

docket. Participants are requested not to include personal privacy information such as

social security numbers, home addresses, or personal phone numbers in their filings

unless an NRC regulation or other law requires submission of such information. With

respect to copyrighted works, except for limit ed excerpts that serve the purpose of the

8 adjudicatory filings and would constitute a Fair Use application, participants should not

include copyrighted materials in their submission.

Information about the license renewal process can be found under the Reactor

License Renewal section on the NRC's public website at

https://www.nrc.gov/reactors/operating/licensing/ renewal.html. Copies of the application

to renew the operating licenses for Dresden, Units 2 and 3, are available for public

inspection at the NRCs PDR, and on the NRCs public website at

https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html while the

application is under review. The application may be accessed in ADAMS through the

NRC Library on the internet at https://www.nrc.gov/reading-rm/adams.html under

ADAMS Package Accession No. ML24108A007. As previously stated, persons who do

not have access to ADAMS or who encounter problems in accessing the documents

located in ADAMS may contact the NRCs PDR reference staff by telephone at 1-800-

397-4209 or 301-415-4737, or by email to PDR.Resource@nrc.gov.

A copy of the subsequent license renewal application for Dresden, Units 2 and 3,

is also available to local residents near the site at the public libraries listed in the

ADDRESSES section of this document.

Dated: June 17, 2024.

For the Nuclear Regulatory Commission.

/RA/

Lauren Gibson, Chief, License Renewal Project Branch, Division of New and Renewed Licenses, Office of Nuclear Reactor Regulation.

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