CNL-25-117, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule
| ML26027A270 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 01/27/2026 |
| From: | Fegley D Tennessee Valley Authority |
| To: | Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| CNL-25-117 | |
| Download: ML26027A270 (0) | |
Text
1101 Market Street, Chattanooga, Tennessee 37402 CNL-25-117 January 27, 2026 10 CFR 50.12(a) 10 CFR 50.71(e)(4)
ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Watts Bar Nuclear Plant, Units 1 and 2 Facility Operating License Nos. NPF-90 and NPF-96 NRC Docket Nos. 50-390, 50-391, and 72-1048
Subject:
Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 50.12(a), Specific exemptions, Tennessee Valley Authority (TVA) requests an exemption from the requirements of 10 CFR 50.71(e)(4) for submitting revisions and updates to the Final Safety Analysis Report (FSAR) for the Watts Bar Nuclear Plant, Units 1 and 2.
Details for the exemption request are provided in Enclosure 1. An environmental assessment supporting the exemption request is provided in Enclosure 2.
TVA requests this exemption be granted by November 30, 2026.
There are no new regulatory commitments associated with this submittal. Please address any questions regarding this request to Amber V. Aboulfaida, Senior Manager, Fleet Licensing, at avaboulfaida@tva.gov.
Respectfully, Damon A. Fegley General Manager, Nuclear Regulatory Affairs & Emergency Preparedness
Enclosures:
- 1. Request for Exemption from FSAR Submittal Schedule
- 2. Environmental Assessment cc: (See page 2)
Fegley, Damon Allan Digitally signed by Fegley, Damon Allan Date: 2026.01.27 11:18:12
-05'00'
U.S. Nuclear Regulatory Commission CNL-25-117 Page 2 January 27, 2026 cc (Enclosures):
NRC Director, Office of Nuclear Reactor Regulation NRC Project Manager - Watts Bar Nuclear Plant NRC Regional Administrator - Region II NRC Senior Resident Inspector - Watts Bar Nuclear Plant CNL-25-117 E1-1 of 3 Request for Exemption from FSAR Submittal Schedule I. SPECIFIC EXEMPTION REQUEST In accordance with Title10 of the Code of Federal Regulations (10 CFR) 50.12(a)(1),
Tennessee Valley Authority (TVA), requests a permanent exemption from the requirements of 10 CFR 50.71(e)(4) for submission of revisions and updates to the Final Safety Analysis Report (FSAR) for Watts Bar Nuclear Plant (WBN), Units 1 and 2.
TVA requests that the submittal of revisions and updates for WBN Units 1 and 2 combined FSAR be due by June 1 of every odd-numbered year. This change will result in a submittal that does not exceed 24 months between successive updates, as required by 10 CFR 50.71(e)(4).
TVA requests this exemption be granted by November 30, 2026, to allow for implementation prior to six months after the scheduled refueling outage for Unit 2.
II. BASIS FOR EXEMPTION REQUEST The proposed exemption would change the current FSAR revisions and updates submittal schedule for WBN Units 1 and 2 to a calendar-based schedule that would not exceed the maximum of 24 months between successive submittals as required by 10 CFR 50.71(e)(4). The WBN Units 1 and 2 FSAR revisions and updates will continue to reflect changes to the FSAR up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71 (e)(4).
WBN Units 1 and 2, share a combined FSAR and the units refueling outages are generally staggered to avoid simultaneously removing both units from power production. With staggered refueling outages, under the regulation, two FSAR submittals would be required for each cycle (i.e., an update within six months after the refueling outage for each unit).
The proposed schedule change would allow a single submittal of the revisions and updates to the WBN Units 1 and 2 FSAR within the 24-month limit of 10 CFR 50.71 (e)(4). The submittal would be due by June 1 of every odd-numbered year.
The criteria for granting specific exemptions from 10 CFR 50 regulations are stated in 10 CFR 50.12 Specific exemptions. In accordance with 10 CFR 50.12(a)(1), the NRC is authorized to grant an exemption upon determining that 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.
10 CFR 50.12(a) states, in part:
(a) 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 --
(1) Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.
(2) The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever -
(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.
CNL-25-117 E1-2 of 3 The proposed exemption can be authorized by law as no other prohibition of law exists that would preclude the activities which would be authorized by the exemption. The WBN FSAR updates will continue to reflect changes to the FSAR up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71(e)(4). The schedules proposed will remain within the maximum 24 months between successive updates as required by 10 CFR 50.71(e)(4).
Therefore, this exemption can be authorized by law.
The FSAR submittal may be reviewed by the NRC staff but is not formally approved. The material may be used in subsequent reviews of NRC staff activities concerning that facility.
Licensees use the FSAR when evaluating changes to the facility and procedures under 10 CFR 50.59, Changes, tests and experiments. The proposed exemption will not alter the manner in which changes to the FSAR are evaluated in that changes to the FSAR will continue to be reviewed through the existing applicable administrative and programmatic control processes to ensure that FSAR changes are properly evaluated and implemented. Per 10 CFR 50.71(e)(4) licensees are required to periodically submit their FSAR to assure that the NRC has the latest material developed. In that regulation, the NRC has determined that an update frequency not exceeding 24 months between successive revisions is acceptable for periodic submissions of the FSAR. The proposed exemption will provide an equivalent level of protection to the existing requirements. Therefore, this exemption will not present an undue risk to the public health and safety.
The proposed exemption has no impact on the WBN physical security plan or the ability to protect special nuclear material at WBN. Therefore, the exemption is consistent with the common defense and security.
The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that the licensee periodically updates their FSAR to assure that the FSAR remains up-to-date and accurately reflects the plant design and operation. In accordance with 10 CFR 50.71(e)(4), subsequent revisions to FSARs are to be filed annually or six months after each refueling outage, provided the interval between successive updates does not exceed 24 months.
TVA maintains a living WBN FSAR that is available electronically to TVA personnel and NRC inspectors. The living FSAR contains timely updates between the periodic submissions. The processing and submittal of more frequent revisions to the FSAR, including all documents incorporated by reference, is not necessary to achieve the underlying purpose of the rule. The routine FSAR submittals, as proposed by this request, will not exceed the maximum 24 months between submissions and the submittals will continue to reflect changes to the FSAR up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71(e)(4). Therefore, special circumstances exist since application of the regulation in this circumstance is not necessary to achieve the underlying purpose of the rule.
In summary, this exemption request proposes a revised FSAR update schedule for WBN. TVA would submit the updated WBN FSAR by June 1 of every odd-numbered year. This schedule would allow more efficient scheduling and allocation of TVA resources to prepare and submit FSAR updates for the TVA fleet while remaining within the maximum allowed 24 months between successive updates as required by 10 CFR 50.71(e)(4). The WBN FSAR updates will continue to reflect changes to the FSAR up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71(e)(4). The proposed schedules will continue to meet the underlying purpose of the rule to ensure that the FSAR remains up-to-date and accurately reflects plant design and operation.
CNL-25-117 E1-3 of 3 III. PRECEDENT The NRC has previously granted similar exemptions. By letter dated March 9, 1998 (Reference 1), the NRC granted an exemption from specific requirements of 10 CFR 50.71(e)(4) for the Sequoyah Nuclear Plant (SQN), Units 1 and 2. The exemption allowed the licensee to submit updates to the SQN FSAR within 6 months after each Unit 2 refueling outage, not to exceed 24 months between subsequent revisions.
By letter dated December 16, 1998 (Reference 2), the NRC granted an exemption from specific requirements of 10 CFR 50.71(e)(4) for the Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3. The exemption allowed the licensee to submit updates to the BFN FSAR within 6 months after Unit 2 refueling outages, but not to exceed 24 months from the last submittal.
By letter dated August 4, 2021 (Reference 3), the NRC granted an exemption from specific requirements of 10 CFR 50.71(e)(4) for the Joseph M. Farley Nuclear Plant, Units 1 and 2; and Vogtle Electric Generating Plant, Units 1 and 2. The exemption allowed periodic updates of the FSAR by October 31 of every odd-numbered and even-numbered year respectively, and not to exceed 24 months between successive updates.
IV. CONCLUSION TVA considers the requested schedule changes for routine submittals of the WBN FSAR an acceptable alternative for meeting the intent of 10 CFR 50.71(e)(4). As demonstrated in this submittal, the requested exemption complies with the criteria in 10 CFR 50.12. Specifically, the requested exemption is allowed by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Special circumstances exist in that the application of the requirements is not necessary to achieve the underlying purpose of the rule. The proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25); therefore, no environmental impact statement or environmental assessment was prepared in connection with this exemption request.
V. REFERENCES
- 1. NRC letter to TVA, Exemption from requirement of 10CFR50.71(e)(4) to submit updates to Sequoyah Nuclear Plants, Units 1&2 FSAR within 6 months of each unit refueling outage, dated March 9, 1998 (ML20216E454)
- 2. NRC letter to TVA, Exemption from requirements of 10CFR50.71(e)(4) re submission of revs for facility changes made under 10CFR50.59, dated December 16, 1998 (ML18039A641)
- 3. NRC letter to Southern Nuclear, Joseph M. Farley Nuclear Plant, Units 1 and 2; and Vogtle Electric Generating Plant, Units 1 and 2 - Exemptions from the Requirements of 10 CFR Part 50, Section 50.71(e)(4), Final Safety Analysis Report Update Schedule (EPID L-2021-LLE-0031), dated August 4, 2021 (ML21179A204)
CNL-25-117 E2-1 of 2 Environmental Assessment In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 51.41 and 10 CFR 51.22(b), Tennessee Valley Authority (TVA) has assessed whether the proposed exemption request would require an environmental assessment or environmental impact statement, or whether the request meets the eligibility criteria for categorical exclusion in 10 CFR 51.22(c)(25), such as:
(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 the exemption is sought involves scheduling requirements and other requirements of an administrative nature.
No Significant Hazards Consideration Analysis The proposed exemption would allow changes to the Watts Bar Nuclear (WBN) Final Safety Analysis Report (FSAR) to be submitted on a 24-month calendar schedule, not to exceed 24 months from the previous submittal. TVA has evaluated whether a significant hazards consideration is involved with the proposed exemption in accordance with the three standards set forth in Title 10 of the Code of Federal Regulations (10 CFR) 50.92, "Issuance of amendment," as discussed below.
- 1. Does the proposed exemption involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No The proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated because it does not involve a change to the design configuration or operation of any facility. The proposed exemption does not affect the source term, containment isolation, or radiological release assumptions used in evaluating the radiological consequences of an accident previously analyzed. Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2. Does the proposed exemption create the possibility of a new or different kind of accident from any accident previously analyzed?
Response: No The proposed exemption does not involve physical alteration of plant systems, structures, or components, or changes in parameters governing the way the plant is operated and maintained.
Therefore, the proposed exemption does not create the possibility of a new or different kind of accident from any accident previously analyzed.
- 3. Does the proposed exemption involve a significant reduction in a margin of safety?
Response: No CNL-25-117 E2-2 of 2 Margin of safety is associated with confidence in the ability of the fission product barriers (that is, fuel cladding, reactor coolant system pressure boundary, and containment structure) to limit the radiological dose to the public and control room operators in the event of an accident. The proposed exemption has no impact on the margin of safety and robustness provided in the design and construction of any facility. In addition, the proposed exemption will not relax any of the criteria used to establish safety limits, safety system settings, or limiting conditions of operation as defined in the technical specifications. Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.
Based on the above evaluation, TVA concludes that the proposed exemption from 10 CFR 50.71(e)(4) presents no significant hazards consideration under the standards set forth in 10 CFR 50.92 and, accordingly, a finding that the exemption request involves "no significant hazards consideration" is justified.
Additional Considerations for Categorical Exclusion There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
Analysis: The proposed action involves only a schedule change, which is administrative in nature, and does not involve any significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
There is no significant increase in individual or cumulative public or occupational radiation exposure.
Analysis: Since the proposed action involves only a schedule change, which is administrative in nature, it does not contribute to any significant increase in occupational or public radiation exposure.
There is no significant construction impact.
Analysis: Since the proposed action involves only a schedule change, which is administrative in nature, it does not involve any significant construction impact.
There is no significant increase in the potential for or consequences from radiological accidents.
Analysis: The proposed action involves only a schedule change, which is administrative in nature and does not impact the potential for or consequences from radiological accidents.
The requirements from which the exemption is sought involve scheduling requirements and other requirements of an administrative nature.
Analysis: The schedule requirements are associated with an administrative activity to provide periodic FSAR updates as prescribed in 10 CFR 50.71(e)(4). The combined WBN FSAR was last submitted on June 5, 2025 (ML25156A251 and ML25156A259). This meets the requirement of 10 CFR 50.71(e)(4) for a Unit 1 submittal, however the last Unit 2 refueling outage completed May 14, 2025, and another WBN FSAR was not submitted. This was entered into the Corrective Action Program. This exemption request proposes a revised FSAR update schedule for WBN units. TVA would submit the combined WBN FSAR by June 1 of every odd-numbered year.
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Conclusion:==
Based on the above, the proposed exemption meets the eligibility criteria for 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 proposed exemption.