ML26020A069
| ML26020A069 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 02/09/2026 |
| From: | Aida Rivera-Varona Plant Licensing Branch 1 |
| To: | Public Service Enterprise Group |
| Williams, S | |
| Shared Package | |
| ML26020A072 | List: |
| References | |
| EPID L-2025-LLE-0008 | |
| Download: ML26020A069 (0) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-354, 50-272 and 50-311]
PSEG Nuclear LLC; Hope Creek Generating Station; Salem Nuclear Generating Station, Unit Nos. 1 and 2; Exemptions I. Background.
PSEG Nuclear LLC (PSEG, the licensee) is the holder of Renewed Facility Operating License Nos. NPF-57, DPR-70, DPR-75, for Hope Creek Generating Station (Hope Creek) and Salem Nuclear Generating Station (Salem), Unit Nos. 1 and 2 and, respectively. The licenses provide, among other things, that the licensee is subject to all rules, regulations, and orders of the Commission now or hereafter in effect. Salem, Unit Nos. 1 and 2, are pressurized-water reactors. Hope Creek is a boiling-water reactor. Both facilities are located along the Delaware River in Salem County, New Jersey.
II. Request/Action Section 50.71 of Title 10 of the Code of Federal Regulations (10 CFR), Maintenance of records, making of reports, paragraph (e)(4) states, in part, Subsequent revisions [to the Updated Final Safety Analysis Report (UFSAR) submitted as part of the original license application] must be filed annually or 6 months after each refueling outage provided the interval between successive updates [to the UFSAR] does not exceed 24 months.
Hope Creek, and Salem, Unit Nos. 1 and 2, are on staggered 18-month refueling cycles.
Currently, a combined UFSAR for Salem, Unit Nos. 1 and 2, is submitted on a schedule prescribed by an earlier exemption (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18106B163), while the Hope Creek UFSAR is submitted on a schedule prescribed in 10 CFR 50.71(e)(4). The earlier exemption for Salem, Unit Nos. 1 and 2, permits PSEG to submit one unified UFSAR for both units within 6 months of each Unit 1 refueling outage, not to exceed 24 months from the last submittal.
By letter dated January 28, 2025 (ML25030A087) PSEG requested that the due date for submittal of the Salem, Unit Nos. 1 and 2, combined UFSAR be by August 31 of every odd-numbered year, following the most recent submittal in November 2025, provided the interval between successive updates does not exceed 24 months. Therefore, if these exemptions are approved, the next submittal of the Salem, Unit Nos. 1 and 2, combined UFSAR would occur in August 2027. Similarly, PSEG requested that the due date for submittal of the Hope Creek UFSAR be by August 31 of every even-numbered year, provided the interval between successive updates does not exceed 24 months. Therefore, if these exemptions are approved, the next submittal of the Hope Creek UFSAR, currently scheduled to occur in April 2026, would be rescheduled to occur in August 2026.
III. Discussion.
Pursuant to 10 CFR 50.12, the U.S. Nuclear Regulatory Commission (NRC or the Commission) may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR, part 50, including 10 CFR 50.71(e)(4) when: (1) the exemptions are authorized by law, will not present an undue risk to the public health or safety, and are consistent with the common defense and security; and (2) special circumstances are present. Under 10 CFR 50.12(a)(2), special circumstances include, among other things, when application of the specific regulation in the particular circumstances would not serve, or is not necessary to achieve, the underlying purpose of the rule.
A.
The Exemptions are Authorized by Law.
In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR part 50 if the exemption is authorized by law. The regulation at 10 CFR 50.71(e)(4) requires that revisions to UFSARs be filed annually or six months after each refueling outage, provided the interval between successive updates does not exceed 24 months. The underlying purpose of the regulation is to ensure that the licensee periodically updates its UFSAR so that the UFSAR remains up-to-date and accurately reflects the plant design and operation.
The proposed exemptions would change the current UFSAR submittal schedule for Salem, Unit Nos. 1 and 2, and Hope Creek to a calendar-based schedule that would not exceed the maximum 24 months between successive updates required by 10 CFR 50.71(e)(4).
Submitting the UFSAR updates for Salem, Unit Nos. 1 and 2, by August 31 of every odd-numbered year, and Hope Creek by August 31 of every even-numbered year, continues to meet the intent of the regulation of maintaining up-to-date UFSAR information. In addition, the proposed exemption is authorized by law as no other prohibition of law exists that would preclude the activities that would be authorized by the exemption. The NRC staff has determined that granting the licensees proposed exemptions will not result in a violation of the Atomic Energy Act of 1954, as amended, the Commissions regulations, or any other laws.
Therefore, the exemptions are authorized by law.
B.
The Exemptions Present no Undue Risk to the Public Health and Safety.
The proposed exemptions will not alter the manner in which changes to the UFSARs for Salem, Unit Nos. 1 and 2, and Hope Creek are evaluated in that changes to the UFSARs will continue to be reviewed through the existing applicable administrative and programmatic control processes to ensure that UFSAR changes are properly evaluated and implemented.
Licensees are required, in accordance with 10 CFR 50.71(e)(4), to periodically submit their UFSARs and modifying the schedule for periodic submittal does not alter plant design or operation. In addition, no new accident precursors are created by the exemptions; as a result, neither the probability nor the consequences of postulated accidents are increased. Therefore, the exemptions do not present an undue risk to the public health and safety.
C.
The Exemptions are Consistent with the Common Defense and Security.
Neither the regulation at 10 CFR 50.71(e)(4) nor the proposed exemptions have any relation to security issues. The requested exemptions have no impact on the Hope Creek and Salem, Unit Nos. 1 and 2 physical security plans or on the ability to protect special nuclear material at Salem, Unit Nos. 1 and 2 and Hope Creek. Therefore, the exemptions are consistent with the common defense and security.
D.
Special Circumstances.
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present whenever application of the regulation in particular circumstances is not necessary to achieve the underlying purpose of the rule. The underlying purpose of the rule is to ensure that licensees periodically submit their UFSARs to ensure that the UFSAR remains up-to-date while reflecting the plants design and operation. Specifically, when the requirement to provide an UFSAR update was first promulgated, the Commission explained that it was establishing the requirement to provide an updated reference document to be used in recurring safety analyses performed by the licensee, the Commission, and other interested parties (45 FR 30614; May 9, 1980). That rule required updating on an annual basis. In a 1992 final rule, which had the purpose of reducing regulatory burden on licensees, the Commission provided an alternative to annual updating in which licensees could provide updates 6 months after each refueling outage provided the interval between successive updates to the FSAR does not exceed 24 months (57 FR 39353; August 31, 1992). In a response to a comment suggesting that the UFSAR update be decoupled from the refueling cycle, the Commission explained in the 1992 final rule that
[t]he majority of facility design changes reflected in an updated FSAR are effected during the refueling outage. The use of the refueling cycle interval provides for a current plant status document that is coordinated with plant changes.
Currently, Salem, Unit Nos. 1 and 2, and Hope Creek, are on staggered 18-month refueling cycles. PSEG submits a combined UFSAR Salem, Unit Nos. 1 and 2, within 6 months after each Salem, Unit No.1, refueling outage, not to exceed 24 months from the last submittal.
PSEG submits a UFSAR for Hope Creek every 18 months, not to exceed 24 months from the last submittal.
The processing and submittal of these UFSARs every 18 months is not necessary to achieve the underlying purpose of the rule. First, routine submittals of the Salem, Unit Nos. 1 and 2, combined UFSAR and the Hope Creek UFSAR will not exceed the maximum 24 months required by 10 CFR 50.71(e)(4). In addition, the Salem and Hope Creek UFSAR updates would continue to reflect changes to the UFSARs up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71(e)(4). Second, as noted in the licensees submittal, the majority of facility design changes reflected in the UFSARs for Salem and Hope Creek are no longer effected during refueling changes. As a result, coupling the UFSAR reporting frequency to refueling cycle intervals is not necessary to ensure up-to-date UFSARs that reflect plant design and operation. Third, as noted in the licensees submittal dated January 28, 2025, PSEG maintains electronically stored, living UFSARs for the Salem and Hope Creek plants that are available to on-site NRC inspectors and include updates to the UFSARs made between routine submittals under 10 CFR 50.71(e)(4). Application of the rule is thus not necessary to ensure up-to-date UFSARs that reflect plant design and operation. Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii) in that application of the requirements in these particular circumstances is not necessary to achieve the underlying purpose of the rule.
E.
Environmental Considerations.
With respect to the impact of the exemptions on the quality of the human environment, the NRC has determined that the issuance of the exemptions discussed herein meets the eligibility criteria for categorical exclusion from the requirement to prepare an environmental assessment or environmental impact statement, set forth in 10 CFR 51.22(c)(25).
Under 10 CFR 51.22(c)(25), the granting of an exemption from the requirements of any regulation of 10 CFR chapter I (which includes 10 CFR 50.71(e)(4)) is an action that is a categorical exclusion, provided that certain specified criteria are met. The basis for NRCs determination is provided in the following evaluation of the requirements in 10 CFR 51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i):
To qualify for a categorical exclusion under 10 CFR 51.22(c)(25)(i), the exemptions must involve no significant hazards consideration. The criteria for determining whether an action involves a significant hazards consideration are found in 10 CFR 50.92. The proposed action involves only a schedule change related to the timing for submittal of UFSAR updates. As set forth in that regulation, there are no significant hazard considerations because granting the exemptions would 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 exemptions satisfy the criterion in 10 CFR 51.22(c)(25)(i) that requires an exemption involve no significant hazards consideration.
Requirements in 10 CFR 51.22(c)(25)(ii):
The proposed action involves only a schedule change related to the timing for submittal of UFSAR updates, which is administrative in nature, and does not involve any changes in the types or increase in the amounts of any effluents that may be released offsite. Therefore, the exemptions satisfy the criterion in 10 CFR 51.22(c)(25)(ii) that requires an exemption involve no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
Requirements in 10 CFR 51.22(c)(25)(iii):
The proposed action involves only a schedule change related to the timing for submittal of UFSAR updates, which is administrative in nature, and does not contribute to any significant increase in individual or cumulative public or occupational radiation exposures. Therefore, the exemptions satisfy the criterion in 10 CFR 51.22(c)(25)(iii) that requires an exemption involve no significant increase in individual or cumulative public or occupational radiation exposure.
Requirements in 10 CFR 51.22(c)(25)(iv):
The proposed action involves only a schedule change related to the timing for submittal of UFSAR updates, which is administrative in nature, and does not involve any construction impact. Therefore, the exemptions satisfy the criterion in 10 CFR 51.22(c)(25)(iv) that requires an exemption involve no significant construction impact.
Requirements in 10 CFR 51.22(c)(25)(v):
The proposed action involves only a schedule change related to the timing for submittal of UFSAR updates, which is administrative in nature, and does not impact the potential for or consequences from radiological accidents. Therefore, the exemptions satisfy the criterion in 10 CFR 51.22(c)(25)(v) that requires an exemption involve no significant increase in the potential for or consequences from radiological accidents.
Requirements in 10 CFR 51.22(c)(25)(vi):
The exemptions satisfy the criteria in 10 CFR 51.22(c)(25)(vi)(B) and 51.22(c)(25)(vi)(G) because the requirements from which the exemptions are sought involve, reporting and scheduling requirements, specifically the required schedule for submittal of UFSAR updates to the NRC pursuant to 10 CFR 50.71(e)(4).
Based on the above, the NRC staff concludes that the proposed exemptions meet the eligibility criteria for the categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the NRCs issuance of these exemptions.
IV. Conclusions.
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, 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. Also, special circumstances, pursuant to 10 CFR 50.12(a)(2)(ii), are present. Therefore, the Commission hereby grants PSEG exemptions from the requirements of 10 CFR 50.71(e)(4) to allow PSEG to file its periodic updates to the Salem, Unit Nos. 1 and 2, combined UFSAR by August 31 of every odd-numbered year, not to exceed 24 months from the last submittal, and to the Hope Creek UFSAR by August 31 of every even-numbered year, not to exceed 24 months from the last submittal.
The exemptions are effective upon issuance.
Dated at Rockville, Maryland, this 09 day of February 2026 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: 2026.02.09 15:28:05 -05'00'