ML25332A068
| ML25332A068 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 12/29/2025 |
| From: | Rivera-Verona A Division of Operating Reactor Licensing |
| To: | Tennessee Valley Authority |
| Green K | |
| Shared Package | |
| ML25332A069 | List: |
| References | |
| EPID L-2025-LLE-0024 | |
| Download: ML25332A068 (0) | |
Text
NUCLEAR REGULATORY COMMISSION Docket No. 50-391 Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2; Exemption I. Background The Tennessee Valley Authority (TVA) is the holder of Facility Operating License No.NPF-96 for Watts Bar Nuclear Plant (WBN), Unit 2. WBN, Unit 2, is collocated with WBN, Unit 1, in Spring City, Tennessee; however, this exemption is applicable only to WBN, Unit 2.
The license provides, among other things, that the licensee is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, or the Commission) now or hereafter in effect. The NRC issued the initial operating license for WBN, Unit 2, on October 22, 2015. The current facility operating license for WBN, Unit 2, expires at midnight on October 21, 2055.
II. Request/Action Part 54 of title 10 of the Code of Federal Regulations (10 CFR), Requirements for Renewal of Operating Licenses for Nuclear Power Plants, contains the requirements for the renewal of operating licenses for nuclear power plants. Under 10 CFR 54.17(c) an application for a renewed license may not be submitted to the Commission earlier than 20 years before the expiration of the operating license currently in effect.
TVA has informed the NRC that it plans to submit the WBN, Units 1 and 2, license renewal application (LRA) earlier than 20 years before expiration of the facility operating license for WBN, Unit 2. Based on the requirement in 10 CFR 54.17(c), an LRA for WBN, Unit 2, cannot be filed prior to October 21, 2035. As a result, by \
letter dated August 21, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25233A135),
2 pursuant to 10 CFR 54.15 and 10 CFR 50.12, TVA requested a one-time exemption from the 10 CFR 54.17(c) schedular requirement.
III. Discussion Under 10 CFR 54.15, exemptions from the requirements of part 54 are governed by regulations at 10 CFR 50.12. Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, 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. However, an exemption will not be granted unless special circumstances are present as defined in 10 CFR 50.12(a)(2). In its application, TVA states that special circumstances, as described in 10 CFR 50.12(a)(2)(ii), apply to its request, which states that special circumstances are present when 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.
A.
The Exemption is Authorized by Law The Commissions basis for establishing the 20-year limit contained in 10 CFR 54.17(c) is discussed in the 1991 Statements of Consideration for 10 CFR Part 54 (56 FR 64963). The limit was established to ensure that substantial operating experience was accumulated by a licensee before a renewal application is submitted such that any plant-specific concerns regarding aging would be disclosed. In amending the rule in 1995, the Commission sought public comment on whether the 20-year limit should be reduced (60 FR 22461). Based on the nature of the comment responses received, the Commission did not generically reduce the 20-year limit at that time (60 FR 22488). However, the Commission indicated that it would consider plant-specific exemption requests by applicants who believe that sufficient information is available to justify applying for license renewal earlier than 20 years from expiration of the current license.
3 The current operating license for WBN, Unit 2, was issued in accordance with Section 103 of the Atomic Energy Act, as amended (AEA). Section 103 and 10 CFR 50.51 limit the duration for an operating license to a maximum of 40 years. In accordance with Section 54.31, the renewed license would be of the same class as the operating license currently in effect and cannot exceed a term of 40 years. Therefore, the renewed license for WBN, Unit 2, is limited both by law and by the Commission's regulations to 40 years.
Section 54.31(b) states that:
A renewed license will be issued for a fixed period of time, which is the sum of the additional amount of time beyond the expiration of the operating license (not to exceed 20 years) that is requested in a renewal application plus the remaining number of years on the operating license currently in effect. The term of any renewed license may not exceed 40 years.
In its request TVA stated that it does not at this time seek an exemption from any of the substantive requirements of 10 CFR Part 54 in connection with the preparation of the WBN, Units 1 and 2, license renewal application, and that it will satisfy the pertinent requirements of 10 CFR Part 54 when preparing and submitting the license renewal application.
Because of TVA's decision to apply early for license renewal for WBN, Unit 2, TVA may not obtain the maximum 20-year period of extended operation permitted by Section 54.31(b) because the term of the renewed license may not, by law, exceed 40 years. Any actual reduction will depend on the date the renewed license is issued.
The NRC staff has determined that granting the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law.
4 B.
The Exemption Presents No Undue Risk to Public Health and Safety TVA is seeking an exemption from the requirements of 10 CFR 54.17(c) for schedular relief, which would only relieve TVA of the schedular requirement to wait until October 21, 2035, to submit an LRA for WBN, Unit 2. The action does not change the manner in which the plant operates and would maintain public health and safety, because no additional changes are made as a result of the action. TVA must still conduct all environmental reviews required by 10 CFR part 51 and all safety reviews and evaluations required by 10 CFR part 54 when preparing the LRA for WBN, Units 1 and 2.
Pending final action on the LRA, the NRC will continue to conduct all regulatory activities associated with licensing, inspection, and oversight, and will take whatever action may be necessary to ensure adequate protection of the public health and safety. This exemption does not affect the NRCs authority, applicable to all licenses, to modify, suspend, or revoke a license for cause, such as the identification of a serious safety concern. Therefore, the NRC finds that the action does not cause undue risk to public health and safety.
C.
The Exemption is Consistent with the Common Defense and Security As discussed previously, the requested exemption would only allow a schedular exemption. This exemption does not change any site security features, procedures, staffing, or other security-related matters. Therefore, the NRC finds that the action is consistent with common defense and security.
D.
Special Circumstances The regulation at 10 CFR 50.12(a)(2) lists special circumstances for which an exemption may be granted. Pursuant to the regulation, it is necessary for one of these special circumstances to be present in order for the NRC to consider granting an exemption request. As noted above, TVA stated that the special circumstance that applies to this exemption request is found in 10 CFR 50.12(a)(2)(ii), which states, Application of the regulation in the particular
5 circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule.
In initially promulgating 10 CFR 54.17(c) in 1991, the Commission stated that the purpose of the 20-year time limit was to ensure that substantial operating experience is accumulated by a licensee before it submits a renewal application, such that any plant-specific concerns regarding aging would be disclosed (56 FR 64963). At that time, the Commission found that 20 years of operating experience provided a sufficient basis for LRAs. However, in issuing the amended Part 54 in 1995, the Commission indicated it would consider an exemption to this requirement if sufficient information was available on a plant-specific basis to justify submission of an application to renew a license before completion of 20 years of operation (60 FR 22488). TVAs exemption request is consistent with the Commissions intent to consider plant-specific requests and is permitted by 10 CFR 54.15.
The licensee stated that WBN, Unit 2, is the sister unit to WBN, Unit 1. Both units are four-loop pressurized-water reactors using ice condensers with nuclear steam supply systems provided by Westinghouse Electric Corporation (WEC). The two WBN units currently have a combined operating history of over 38 reactor-years. WBN Unit 1 and Unit 2 are of sufficiently similar design that the NRC issues reactor operator and senior reactor operator licenses that are common to both WBN, Units 1 and 2. TVA also stated because of the similarities between WBN, Units 1 and 2, personnel of the various plant organizations (e.g., Maintenance and Engineering) are typically assigned work activities on both units, and that these plant organizations are not divided into separate Unit 1 and Unit 2 groups. The operating experience for WBN, Unit 1, is directly applicable to WBN, Unit 2, since the two units are similar in design, operation (e.g., same licensed thermal power), maintenance, use of operating experience, and environment.
6 Since the rule was originally promulgated, there has been significant experience with reviewing renewal applications for large LWRs; the agency has reviewed over 50 applications for license renewal and 9 applications for subsequent license renewal.
According to TVA, the units share some common facilities that are within the scope of license renewal review and have many similar components and materials. WBN, Unit 2, is physically located adjacent to Unit 1. As such, the civil structures are subject to the same soil chemistry, atmospheric and meteorological conditions and climate. Internal environments for both units are also similar due to the similarity in plant design and operation. Additionally, many of the procedures that govern WBN site activities such as condition reporting and monitoring programs, are not unit specific and require the consideration of operating experience information obtained from several sources, including the WBN site, the TVA nuclear fleet, and the nuclear industry.
Given the similarities between the units design and the environment in which they operate, the NRC staff finds that the operating experience at Unit 1 is applicable to Unit 2 for purposes of the license renewal review. The NRC staff has determined that sufficient combined operating experience exists to satisfy the intent of 10 CFR 54.17(c), and the application of the regulation in this case is not necessary to achieve the underlying purpose of the rule. Therefore, the NRC staff finds that TVAs request meets the special circumstance requirement in 10 CFR 50.12(a)(2)(ii).
E.
Environmental Considerations The NRCs approval of an exemption to scheduling requirements belongs to a category of actions that the NRC, by rule or regulation, has declared to be a categorical exclusion to environmental analysis, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environment. Specifically, the exemption is
7 categorically excluded from further analysis under 10 CFR 51.22(c)(25)(vi)(G), Scheduling requirements.
Under 10 CFR 51.22(c)(25), the granting of exemption from the requirements of any regulation of chapter 10 is a categorical exclusion provided that (i) there is no significant hazards consideration; (ii) there is no significant change 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 if sought involve certain categories of requirements, including scheduling requirements. The basis for NRCs determination is provided in the following evaluation of the requirements in 10 CFR 51.22(c)(25)(i)-(vi).
Requirement in 10 CFR 51.22(c)(25)(i)
To qualify for a categorical exclusion under 10 CFR 51.22(c)(25)(i), the exemption must involve a no significant hazards consideration. The criteria for making a no significant hazards consideration determination are found in 10 CFR 50.92(c). The NRC staff has determined that granting the exemption request involves no significant hazards consideration because allowing a one-time exemption from the 10 CFR 54.17(c) schedular requirement does not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
Therefore, the requirement of 10 CFR 51.22(c)(25)(i) is met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
The exemption constitutes a change to a schedular requirement which is administrative in nature and does not involve any change in the types or significant increase in the amounts of
8 any effluents that may be released offsite and does not contribute to any significant increase in individual or cumulative occupational or public radiation exposure. Therefore, the requirements of 10 CFR 51.22(c)(25)(ii) and (iii) are met.
Requirement in 10 CFR 51.22(c)(25)(iv)
The regulation from which the exemption is being sought is not associated with construction, and the exemption does not propose any changes to the facility or the site, does not alter the site, and does not change the operation of the site. Therefore, the requirement of 10 CFR 51.22(c)(25)(iv) is met because there is no significant construction impact.
Requirement in 10 CFR 51.22(c)(25)(v)
The exemption constitutes a change to a schedular requirement which is administrative in nature and does not impact the probability or consequences of accidents. Thus, there is no significant increase in the potential for, or consequences from, a radiological accident.
Therefore, the requirement of 10 CFR 51.22(c)(25)(v) is met.
Requirements in 10 CFR 51.22(c)(25)(vi)
To qualify for a categorical exclusion under 10 CFR 51.22(c)(25)(vi), the exemption must involve at least one of the listed requirements. The requested exemption involves scheduling requirements per 10 CFR 51.22(c)(25)(vi)(G) in that it involves an exemption from scheduling requirement of 10 CFR 54.17(c) that would allow TVA to submit an LRA for WBN, Unit 2, earlier than 20 years before the expiration of its current license. Therefore, the requirement of 10 CFR 51.22(c)(25)(vi) is met.
Based on the above, the NRC staff concludes that the proposed exemption meets the eligibility criteria for a categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.
9 IV. Conclusion The NRC has determined that, pursuant to 10 CFR 54.15 and 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances, as defined in 10 CFR 50.12(a)(2), are present. Therefore, the NRC hereby grants the licensee a one-time exemption for WBN, Unit 2, from the requirements of 10 CFR 54.17(c), to allow the submittal of an LRA earlier than 20 years before the expiration of the WBN, Unit 2, license that is currently in effect.
The exemption is effective upon issuance.
Dated at Rockville, Maryland, this 29th day of December 2025 For the Nuclear Regulatory Commission.
Aida Rivera-Varona, Director (Acting),
Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
AIDA RIVERA-VARONA Digitally signed by AIDA RIVERA-VARONA Date: 2025.12.29 16:05:06 -05'00'