Text

Request for Exemptions from 10 CFR 50.55(a)(3)(iii) and 10 CFR 50.55a(y) for Adoption of Code Case OMN-31
	ML25289A358
Person / Time
Site:	Browns Ferry
Issue date:	10/16/2025
From:	Hulvey K; Tennessee Valley Authority
To:	; Office of Nuclear Reactor Regulation, Document Control Desk
References
	CNL-25-103
	Download: ML25289A358 (1)
	v • d • e

10 CFR 50.12 10 CFR 50.55a 1101 Market Street, Chattanooga, Tennessee 37402 CNL-25-103 October 16, 2025 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Browns Ferry Nuclear Plant, Units 1, 2, and 3 Renewed Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 NRC Docket Nos. 50-259, 50-260, and 50-296

Subject:

Request for Exemptions from 10 CFR 50.55a(a)(3)(iii) and 10 CFR 50.55a(y) for Adoption of Code Case OMN-31

References:

1.

NRC letter to TVA, Browns Ferry Nuclear Plant, Units 1, 2, and 3 -

Request to Use Later Edition of ASME Code for Operation and Maintenance and Alternative Requests BFN-IST-01 through 05 for the Fifth 10-Year Interval Inservice Testing Program (EPID L-2022-LLR-0086), dated August 17, 2023 (ML23219A154) 2.

NEI Presentation Slide 11-22-2024 N-921 Exemption Request Template DRAFT, dated November 25, 2024 (ML24328A001)

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.12, Specific exemptions, Tennessee Valley Authority (TVA) is requesting Nuclear Regulatory Commission (NRC) approval of the enclosed exemption request for the Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3, from 10 CFR 50.55a(a)(3)(iii), which incorporates by reference Regulatory Guide (RG) 1.192, Revision 5, Operation and Maintenance Code Case Acceptability, ASME OM Code, Table 2, Conditionally Acceptable OM Code Cases, in order to apply American Society of Mechanical Engineers (ASME) Code for Operation and Maintenance of Nuclear Power Plants (OM Code) Code Case OMN-31, Alternative to Allow Extension of ISTA-3120 Inservice Examination and Test Intervals from 10 Years to 12 Years.

In Reference 1, the NRC approved the use of the 2020 Edition of the ASME OM Code and authorized the use of Alternatives BFN-IST-01 through 05 for the Fifth 10-Year Interval Inservice Testing (IST) Program at BFN Units 1, 2, and 3, which commenced on August 31, 2023.

U.S. Nuclear Regulatory Commission CNL-25-103 Page 2 October 16, 2025 In March 2024, the NRC issued Revision 5 to RG 1.192. Table 2 of RG 1.192 includes a condition that limits the use of the ASME Code Case OMN-31 to the beginning of the IST interval as specified in ASME OM Code, paragraph ISTA-3120, Inservice Examination and Test Interval.

As documented in the Final Rule noticed in the Federal Register (89 FR 58039, dated July 17, 2024) regarding adoption of IST Code Case OMN-31 and inservice inspection (ISI)

Code Case OMN-31, Licensees seeking to apply these code cases in the middle of an IST or ISI interval would need to obtain an exemption under §50.12. Therefore, TVA requests exemptions for BFN Units 1, 2, and 3, in order to apply Code Case OMN-31 to the current IST interval, which started prior to the issuance of RG 1.192, Revision 5. Exemptions are requested for the remainder of each units extended IST interval. The details of the 10 CFR 50.12 request are provided in Enclosure 1. Enclosure 2 contains an assessment of the proposed exemption request to apply Code Case OMN-31 on the aforementioned BFN Units 1, 2, and 3 alternative requests for the current fifth IST interval.

TVAs exemption request also extends to the definition of IST interval of 10 CFR 50.55a(y),

which states: Inservice examination and test (IST) interval means the inservice examination and test interval described by the licensee's code of record (paragraph ISTA-3120 of the ASME OM Code, 2001 Edition through 2009 Edition, or paragraph ISTA-3120 of the ASME OM Code, 2012 Edition and later). Section ISTA-3120(c), Inservice Examination and Test Interval, of the 2020 edition of the ASME OM Code (i.e., the Code of Record for BFN Units 1, 2, and 3), limits extension of the IST intervals to 1 year.

Enclosures 1 and 2 are based on a Nuclear Energy Institute template (Reference 2) for a similar exemption regarding Code Case N-921, Alternative 12-yr Inspection Interval Duration Section XI, Division 1," which is the inservice inspection equivalent to IST Code Case OMN-31, and the precedent identified in Enclosure 1.

There are no new regulatory commitments contained in this letter. Please address any questions regarding this submittal to Amber V. Aboulfaida, Senior Manager, Fleet Licensing, at avaboulfaida@tva.gov.

Respectfully, Kimberly D. Hulvey General Manager, Nuclear Regulatory Affairs & Emergency Preparedness Enclosures cc: See Page 3 Digitally signed by Edmondson, Carla Date: 2025.10.16 17:21:54 -04'00'

U.S. Nuclear Regulatory Commission CNL-25-103 Page 3 October 16, 2025

Enclosures:

1.

Request for Exemptions from 10 CFR 50.55a(a)(3)(iii) and 10 CFR 50.55a(y) for Adoption of Code Case OMN-31 2.

Browns Ferry Nuclear Plant Units 1, 2, and 3 - Assessment of Previously Approved Alternatives cc:

NRC Regional Administrator - Region II NRC Senior Resident Inspector - Browns Ferry Nuclear Plant NRC Project Manager - Browns Ferry Nuclear Plant CNL-25-103 E1-1 of 8 Request for Exemptions from 10 CFR 50.55a(a)(3)(iii) and 10 CFR 50.55a(y) for Adoption of Code Case OMN-31)

I.

Description In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.12, Specific exemptions, Tennessee Valley Authority (TVA) is requesting Nuclear Regulatory Commission (NRC) approval of the enclosed exemption request for the Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3, from 10 CFR 50.55a(a)(3)(iii), which incorporates by reference Regulatory Guide (RG) 1.192, Revision 5, Operation and Maintenance Code Case Acceptability, ASME OM Code, Table 2, Conditionally Acceptable OM Code Cases, in order to apply American Society of Mechanical Engineers (ASME) Code for Operation and Maintenance of Nuclear Power Plants (OM Code) Code Case OMN-31, Alternative to Allow Extension of ISTA-3120 Inservice Examination and Test Intervals from 10 Years to 12 Years.

The exemption request will allow BFN Units 1, 2 and 3 to implement ASME Code Case OMN-31 during the current inservice testing (IST) interval.

The proposed exemption request also applies to 10 CFR 50.55a(y), which defines the IST interval as 10 years by reference to ISTA-3120, Inservice Examination and Test Interval. Table 2 of RG 1.192, Revision 5, limits initial implementation of ASME Code Case OMN-31 to the beginning of an IST interval. In 10 CFR 50.55a(a)(3)(iii), NRC specifies the acceptability of IST Code Cases listed in RG 1.192, Revision 5, dated March 2024.

However, the NRC conditional endorsement of Code Case OMN-31 in RG 1.192, Revision 5, did not occur until after the start of the current IST intervals for BFN Units 1, 2, and 3.

Therefore, TVA requests exemptions for BFN Units 1, 2, and 3, in order to apply Code Case OMN-31 to the current IST intervals for the remainder of each units extended IST interval.

The proposed exemption request does not impact the IST or snubber programs which are implemented as part of the ASME Operation and Maintenance Code. Furthermore, the proposed exemptions apply to the components in the BFN IST Program, which include pumps, valves, and snubbers.

The technical justification supporting implementing Code Case OMN-31 following the start of the IST interval is provided in the following sections.

II.

Background

On July 17, 2024, the NRC issued a Final Rule that included new approved code cases and update frequencies (Reference 1). Amongst the modifications in the Final Rule were revisions to 10 CFR 50.55a(a)(3)(iii), which approved RG 1.192, Revision 5 issued March 2024 to be incorporated by reference into the regulation. Regulatory Guide 1.192, Revision 5, conditionally approved Code Case OMN-31. Code Case OMN-31 establishes a 12-year interval for IST programs. The marginal extension from a 10-year to 12-year IST interval does not affect the current schedule of IST test frequencies.

CNL-25-103 E1-2 of 8 Code Case OMN-31 was approved subject to the following condition:

Contrary to the ASME OM Code Case Applicability Index, this OM Code Case may only be applied by licensees who are implementing the ASME OM Code, 2017 Edition, or later edition, of the ASME OM Code incorporated by reference in 10 CFR 50.55a as the Code of Record for the IST Program at their nuclear power plants. Further, licensees may only begin implementing Code Case OMN-31 at the beginning of an IST interval as specified in ASME OM Code, paragraph ISTA-3120.

The above condition on OMN-31 was added to NRC Regulatory Guide 1.192, Revision 5, in response to a public comment (ML23235A158). The specific comment that led to the inclusion of the condition on the use of OMN-31 is provided below for reference (ML23291A328).

C-3 Code Case OMN-31 Implementation Comment Summary C-3: A commenter suggested that the NRC add a condition to require implementation at the beginning of an IST/IST interval following a required update rather than allow early implementation mid-interval using 10 CFR 50.55a(f)(4)(iv) and (g)(4)(iv). The commenter stated that implementing Code Case OMN-31 mid-interval could lead to extra burden for the NRC and the industry. Specifically, existing alternatives would likely need to be reapproved by the NRC. Conditioning implementation to be at the start of a new interval would eliminate these requests.

The NRCs regulatory analysis did not provide or address the additional costs associated with updating to the code cases mid-interval for licensees submitting new alternative requests. (13-2, 13-3)

NRC Response: The NRC agrees with the commenter and has added a condition to only allow implementation of Code Case OMN-31 to occur at the beginning of an IST interval, rather than allowing implementation during a mid-IST interval. The NRC agrees that mid-IST interval implementation of Code Case OMN-31 would create a significant burden for both the NRC and licensees because of the ongoing schedule for IST activities and the need to resubmit requests for alternatives and relief based on a 10-year IST interval with certain conditions, which makes the necessary burden to achieve an extra 1-year IST interval extension of questionable resource value.

Licensees wishing to implement Code Case OMN-31 during a mid-IST interval should submit an exemption request in accordance with 10 CFR 50.12 and should review all NRC-authorized alternative requests and NRC-granted relief requests to determine whether they need to be resubmitted to the NRC for review and authorization.

As a result of this comment, the NRC added a condition in RG 1.192, Revision 5, to only allow implementation of Code Case OMN-31 at the beginning of a new IST interval.

The NRC Final Rule noticed in the Federal Register (Reference 1) reiterated the rational underlying the conditional acceptance of OMN-31:

the NRC is restricting the use of OMN-31 to licensees implementing the ASME OM Code, 2017 Edition, or later, as the code of record for the IST Program, as well as imposing a condition that licensees may only begin implementing Code Case OMN-31 at the beginning of an IST interval as specified in ASME OM Code, paragraph ISTA-3120. See Section II.F, Mid-Interval Discussion and Example, for a more detailed discussion of performing mid-interval updates.

CNL-25-103 E1-3 of 8 As indicated in RG 1.192, this OM Code Case may be applied by licensees implementing the 2017 Edition, or later, of the ASME OM Code incorporated by reference in § 50.55a, as the code of record for the IST Program, contrary to the ASME OM Code Case Applicability Index, dated July 1, 2022. The NRC is also imposing a condition that licensees may only begin implementing Code Case OMN-31 at the beginning of an IST interval as specified in ASME OM Code, paragraph ISTA-3120.

Section II.F of the above Final Rule states, in part:

Similarly, a licensee might consider implementing Code Case N-921 during an ISI interval or Code Case OMN-31 during an IST interval. The staff notes that complications may arise because of reconciling Section XI and OM Code requirements and requests that were granted or authorized for a 10-year ISI/IST interval relative to the edition previously specified in the licensees ISI/IST program...Licensees should review previously authorized alternatives under 10 CFR 50.55a(z) and determine if they need to be resubmitted because of the specific duration specified in the request and authorization. The licensee should also review any previously granted relief requests for their duration and the need for resubmittal, as applicable. If such reviews and approvals are completed, licensees may take advantage of the extended code of record interval afforded by the rule.

Additionally, 10 CFR 50.55a(y) was also revised, adding a definition of IST interval to state :

Inservice examination and test (IST) interval means the inservice examination and test interval described by the licensees code of record (paragraph ISTA-3120 of the ASME OM Code, 2001 Edition through 2009 Edition, or paragraph ISTA-3120 of the ASME OM Code, 2012 Edition and later).

The code of record for the BFN Units 1,2 and 3 is the 2020 Edition of the ASME OM Code.

Section ISTA-3120(c) of the 2020 Edition of the ASME OM Code states:

Each of the inservice examination and test intervals may be extended or decreased by as much as 1 yr. Adjustments shall not cause successive intervals to be altered by more than 1 yr from the original pattern of intervals.

This definition creates an inconsistency with application of Code Case OMN-31, which allows the IST interval to be extended by 2 years.

The BFN Units 1, 2, and 3 current IST interval started in August 2023 (Reference 2) prior to the incorporation of Regulatory Guide 1.192, Revision 5 into 10 CFR 50.55a. Therefore, TVA is required to request NRC approval of an exemption from 10 CFR 50.55a(a)(3)(iii) and 10 CFR 50.55a(y) in order to apply Code Case OMN-31 to the current BFN Units 1, 2, and 3 IST intervals.

Implementation of Code Case OMN-31 will allow BFN Units 1, 2, and 3 to gain the benefits of the Code Case without any significant burden on the NRC or TVA. During the most recent IST interval update for each of the units listed in Table 1, TVA proactively acted based on the information publicly available, in anticipated implementation of Code Case OMN-31 in the new interval. Specifically, TVA proactively requested NRC approval to revise the BFN Units 1, 2, and 3 IST Code of Record from the 2004 Edition through 2006 Addenda of the OM Code to the 2020 Edition of the OM Code (Reference 3). The NRC conditional acceptance of OMN-31 CNL-25-103 E1-4 of 8 applies to licensees that have adopted the 2017 Edition, or later edition, of the ASME OM Code.

Additionally, TVA stated that it intends to only use those ASME OM Code Cases, as applicable, that have been endorsed by the NRC in RG 1.192.

The following table lists the current IST interval start and end dates for BFN Units 1, 2, and 3, and the proposed interval extension date as permitted by OMN-31.

Table 1 BFN IST Intervals Plant/Unit(s)

Interval ASME OM Code Edition Current Interval Start Date Current Interval End Date Proposed 12-Yr Interval End Date BFN Units 1, 2, and 3 5th 2020 Edition August 31, 2023 August 30, 2032 August 30, 2034 Note The first IST interval for BFN Units 1, 2, and 3 expired on August 30, 1992 (ML020020162). The fourth IST interval was adjusted to extend the additional year, as permitted by OM Code, ISTA-3120(d) to end on August 30, 2023. Accordingly, the fifth IST interval commenced on August 31, 2023, but will end on August 30, 2032, in accordance with ISTA-3120(d), in order to align to the period specified in the BFN IST Program.

III.

Basis for Approval of Exemption Request In accordance with 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50 which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. The Commission will not consider granting an exemption unless special circumstances are present.

As discussed below, this exemption request satisfies the provisions of 10 CFR 50.12.

a) Authorized by law These exemptions would allow TVA to implement ASME Code Case OMN-31 at BFN Units 1, 2, and 3 during the current IST interval. The NRC acknowledged the appropriateness of submitting an exemption in its response to public comments noted above. Granting the proposed exemptions will not result in a violation of the Atomic Energy Act of 1954, as amended, and will not present an undue risk to the public health and safety and is consistent with the common defense and security. Therefore, the exemptions are authorized by law.

b) Will not present an undue risk to public health and safety The underlying purpose of the NRC conditional acceptance of Code Case OMN-31 was to prevent extra burden to the NRC and the licensee regarding IST program implementation and re-submittal of previously approved alternative requests. Any potential burden associated with implementing Code Case OMN-31 impacts time and resources for managing the IST program and does not impact public health and safety. Therefore, these exemptions will not present an undue risk to public health and safety.

CNL-25-103 E1-5 of 8 c) Consistent with the common defense and security The proposed exemptions would allow TVA to implement ASME Code Case OMN-31 at BFN Units 1, 2, and 3 during the current IST interval and has no relation to security. The proposed exemptions will not adversely affect TVAs ability to physically secure the site and facilities and to protect special nuclear material. Therefore, the common defense and security are not affected by these exemptions.

d) Special circumstances are present In accordance with 10 CFR 50.12(a)(2), the NRC will not consider granting an exemption to its regulations unless special circumstances are present.

(ii) Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule.

Generally speaking, the purpose of the 2024 rulemaking adopting the current provisions of 10 CFR 50.55a(a)(3)(iii) is for the NRC to identify new, revised, and reaffirmed ASME code cases that the NRC has determined are acceptable for use as voluntary alternatives to compliance with certain provisions of the ASME OM Code currently incorporated by reference into the NRCs regulations. Specifically, with respect to 10 CFR 50.55a(a)(3)(iii), the purpose was to incorporate by reference Regulatory Guide 1.192, Revision 5, which conditionally approved Code Case OMN-31. The NRC Final Rule noticed in the Federal Register adopting inservice inspection (ISI)

Code Case N-921 (similar to ASME OM Code Case OMN-31) states that [t]he inservice inspection interval and the code of record update interval should be synchronized to promote order and predictability in licensee inservice inspection programs (Reference 1). In a later discussion in this Final Rule regarding Code Case OMN-31, the NRC noted that the same logic for Code Case N-921 also applies to Code Case OMN-31.

As stated above, the NRCs conditional approval of Code Case OMN-31 includes a condition that this code case can only be implemented at the beginning of an IST interval as part of a routine update of the IST program with the NRC explaining that mid-IST interval implementation of Code Case OMN-31 would create a significant burden for both the NRC and licensees because of the ongoing schedule for IST activities and the need to resubmit requests for alternatives authorized based on a 10-year IST interval.

With respect to the need to evaluate previously approved alternatives that were based on a 10-year IST interval, this would not be a significant burden. TVA performed a review of the previously authorized alternatives for the BFN Units 1, 2, and 3 fifth IST interval and assessed the impact of extending the interval by 2 years to implement Code Case OMN-31 on the technical basis supporting each alternative. The results of this assessment determined that there is no impact to the technical basis supporting any of the previously approved alternatives.

CNL-25-103 E1-6 of 8 The full assessment of each previously approved alternative and impact of transitioning to a 12-year interval on the supporting technical basis is included in Enclosure 2 of this exemption request.1 The proposed exemptions will allow implementation of Code Case OMN-31 for the remainder of the current IST interval for BFN Units 1, 2, and 3. The other conditions associated with Code Case OMN-31 apply as specified in Regulatory Guide 1.192, Revision 5. The proposed exemptions do not have an impact on the technical basis supporting previously approved alternative requests applicable to the current IST interval as provided in Enclosure 2. Application of Code Case OMN-31 to the alternative requests in Enclosure 2 poses no operational concerns. Additionally, the alternative requests in Enclosure 2 do not have a specified end date. The NRC safety evaluation for TVA Relief Requests BFN-IST-01 through 05 (Reference 3) references the scheduled interval start and conclusion dates. However, the dates are adjustable by the licensee as allowed by ISTA-3120. The licensee understands NRC approval of alternative requests BFN-IST-01 through 05 was requested and received for the duration of the fifth IST interval. As such, approval of this exemption request does not affect the prior approval of alternative requests BFN-IST-01 through 05.

The concerns identified by the NRC in establishing the conditions for Code Case OMN-31 are not applicable to BFN, and the OM Code test frequencies are calendar based (rather than period/interval based). The underlying purpose of the rule would continue to be achieved when allowing implementation of Code Case OMN-31 during the current IST interval, and the special circumstance of 10 CFR 50.12(a)(2)(ii) is present.

(iii) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated.

The Commission has explained that the application of Criterion iii, undue hardship, is narrow. As the Commission stated in the 1985 rule adopting the current exemption criteria, this special circumstance was intended to provide equitable treatment to applicants or licensees who, because of some unusual circumstance, are affected in a manner different than that of other similarly situated licensees or applicants (Reference 4). However, TVA will, in fact, be subjected to an undue hardship as a result of the application of the NRC conditions to Code Case OMN-31. Specifically, the limitation that OMN-31 may only be implemented at the beginning of an IST interval for BFN Units 1, 2, and 3 would result in inequitable treatment because it would be done on a basis that does not apply to these facilities. As explained above, none of the concerns regarding midcycle adoption of OMN-31 are applicable to TVA or can be easily mitigated. Therefore, it would be fundamentally unfair to preclude TVAs ability to implement the useful improvements to IST inspections otherwise permitted by OMN-31.

1 On September 18, 2025, TVA submitted alternative request BFN-IST-06 for BFN Unit 3 (ML25261A131) to defer the ASME OM Code Subsection ISTB-3400, Frequency of Inservice Tests, quarterly functional test for BFN Unit 3 standby liquid control pumps 3A and 3B until reactor startup for BFN Unit 3 Cycle 23 in spring 2026. This alternative request was approved by the NRC on October 14, 2025 (ML25257A025). Because this alternative request is a one-time limited request and does not apply to the duration of the current IST interval, it is not included in Enclosure 2 to this submittal.

CNL-25-103 E1-7 of 8 Therefore, compliance with Section 50.55a(a)(3)(iii) and the related condition imposed on the implementation of Code Case OMN-31 would result in undue hardship, and the special circumstance of 10 CFR 50.12(a)(2)(iii) is present.

(vi) There is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption.

There are material circumstances that are present and not considered when the NRC modified 10 CFR 50.55a(a)(3)(iii) and adopted the related conditions for implementation of Code Case OMN-31. Specifically, the NRC adopted the related conditions for implementation of Code Case OMN-31 based on a single comment without an opportunity for the industry to provide additional input on whether, in fact, mid-cycle implementation of Code Case OMN-31 would result in the significant burden asserted.

Had such input been provided, the NRC would have understood a mid-cycle implementation of Code Case OMN-31 would not create the significant burden that it anticipated. As explained in this exemption request, the concerns underlying this condition do not exist for TVA.

Therefore, there are material circumstances that are present and not considered when the NRC modified 10 CFR 50.55a(a)(3)(iii) and adopted the related conditions for implementation of Code Case OMN-31, and the special circumstance of 10 CFR 50.12(a)(2)(vi) is present.

IV.

Precedent While there is no exact precedent for requesting an exemption to implement Code Case OMN-31, in Reference 5, the NRC approved an exemption request from 10 CFR 50.55a for the Dresden Nuclear Power Station, Units 2 and 3, and the Quad Cities Nuclear Power Station, Units 1 and 2, to adopt ISI Code Case N-921. A similar exemption was approved for the Monticello Nuclear Generating Plant, Unit 1 (Reference 6). Code Case N-921 is similar to IST Code Case OMN-31 in that it allows extension of 10-year ISI intervals to 12-year intervals. Similar to RG 1.192, the NRC endorsed ISI Code Case N-921 in RG 1.147, Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1, Revision 21, with the condition that This code case can only be implemented at the beginning of an ISI interval as part of a routine update of the ISI program. TVA believes the justification for the NRC approving the exemptions from Code Case N-921 in References 5 and 6 also applies to Code Case OMN-31.

V.

Environmental Consideration TVA has determined that the requested exemptions meet the categorical exclusion provision in 10 CFR 51.22(c)(25), as the requested licensing action is an exemption from the requirements of the Commission's regulation and (i) there is no significant hazards consideration; (ii) there is no significant changes in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve inspections, scheduling and administrative requirements.

Therefore, in accordance with 10 CFR 51.22(b), no environmental assessment or environmental impact statement needs to be prepared in connection with the proposed exemption request.

CNL-25-103 E1-8 of 8 VI.

Conclusion As demonstrated above, TVA considers that this exemption request is in accordance with the criteria of 10 CFR 50.12. Specifically, the requested exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. Additionally, special circumstances are present as previously described.

Based on the nature of this exemption request, TVA has concluded that granting these exemptions would not have an effect on the quality of human health or the environment.

VII.

References

1. Final Rule, American Society of Mechanical Engineers Code Cases and Update Frequency, 89FR58039 dated July 17, 2024

2. TVA letter to NRC, CNL-23-070, Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Submittal of Fifth 10-Year Interval Inservice Testing Program Plan, dated November 29, 2023 (ML23333A439)

3. NRC letter to TVA, Browns Ferry Nuclear Plant, Units 1, 2, and 3 - Request to Use Later Edition of ASME Code for Operation and Maintenance and Alternative Requests BFN-IST-01 Through 05 for the Fifth 10-Year Interval Inservice Testing Program (EPID L-2022-LLR-0086), dated August 17, 2023 (ML23219A154)

4. Final Rule, Specific Exemptions; Clarification of Standards, 50FR50764 dated December 12, 1985

5. NRC letter to Constellation Energy Generation, LLC, Dresden Nuclear Power Station, Units 2 and 3; and Quad Cities Nuclear Power Station, Units 1 and 2 - Exemptions from Specific Requirements of 10 CFR 50.55a in Support of Adoption of Code Case N-921 (EPID L-2025-LLE-0011), dated July 8, 2025 (ML25136A385)

6. NRC letter to Northern States Power Company - Minnesota, Monticello Nuclear Generating Plant, Unit 1 - Exemption from Specific Requirements of 10 CFR 50.55a in Support of Adoption of Code Case N-921 (EPID L-2025-LLE-0013), dated September 4, 2025 (ML25231A222)

CNL-25-103 E2-1 of 3 Browns Ferry Nuclear Plant Units 1, 2, and 3 - Assessment of Previously Approved Alternatives Alternative Request Number Description Unit(s)

Affected Submittal Date Approval Date Duration of Approval Impact of 12-yr Interval on Technical Basis Supporting Previous Approval BFN-IST-01 This proposal requests an alternative to 10 CFR 50.55a(b)(3)(xi),

OM condition: Valve Position Indication, for implementing ASME OM Code subsection ISTC-3700, Position Verification Testing, for supplementing the control rod drive system scram discharge volume vent and drain valve position indicating lights with other indications.

1, 2, and 3 12/12/2022 8/17/2023 Alternative is authorized for current duration of the fifth IST Interval.