PNP 2025-041, Request for Exemption from 10 CFR 2.109(b)

Request for Exemption from 10 CFR 2.109(b)

ML25177A070
Person / Time
Site:	Palisades
Issue date:	06/26/2025
From:	Fleming J Holtec Palisades
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
PNP 2025-041
Download: ML25177A070 (1)

Text

27780 Blue Star Highway, Covert, MI 49043 1 Holtec Palisades, LLC (Holtec Palisades) is the licensed owner of PNP. Holtec Decommissioning International, LLC (HDI) is the licensed operator of PNP while the facility is in decommissioning.

Pursuant to the license transfer application submitted in connection with the PNP restart (Reference 1),

licensed authority will transfer from HDI to Palisades Energy, LLC (Palisades Energy) upon NRCs approval of the transition from decommissioning back to power operations. Holtec Palisades will remain the licensed owner of PNP.

PNP 2025-041 10 CFR 50.12 10 CFR 54.15 June 26, 2025 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Palisades Nuclear Plant Docket No. 50-255 Renewed Facility Operating License No. DPR-20

Subject:

Request for Exemption from 10 CFR 2.109(b)

In accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR) 50.12, Specific exemptions, and 10 CFR 54.15, Specific exemptions, Holtec1, on behalf of Holtec Palisades LLC, hereby requests that the U.S. Nuclear Regulatory Commission (NRC) permit the subsequent license renewal application (SLRA) for the Palisades Nuclear Power Plant (PNP) be submitted to the NRC no later than three years prior to the expiration of the operating license on March 24, 2031, and still receive timely renewal protection under 10 CFR 2.109, Effect of timely renewal application, paragraph (b) (10 CFR 2.109(b)). This request is contingent upon the approval of the PNP license amendment request dated December 14, 2023 (Reference 2).

In accordance with 10 CFR 2.109(b), If the licensee of a nuclear power plant files a sufficient application for renewal of either an operating license or a combined license at least 5 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined.

In accordance with 10 CFR 50.12 and 10 CFR 54.15 the Commission may approve exemption requests from the five-year timely renewal protection if they are [a]uthorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.

PNP 2025-041 Page 2 of 2 For an exemption request to be considered by the Commission, 10 CFR 50.12(a)(2) also requires special circumstances to be present. The enclosure to this letter provides the rationale and justification for the exemption requests. The requested exemption from 10 CFR 2.109(b) is permissible under 10 CFR 54.15 and 10 CFR 50.12 because it 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. In addition, the following special circumstances are present: (1) the application of 10 CFR 2.109(b) in this instance would not serve the underlying purpose of the rule; (2) compliance with the five-year time limit specified in that regulation would result in undue hardship and other costs that are significantly in excess of those contemplated when the regulation was adopted, and are significantly in excess of those incurred by others similarly situated; and (3) material circumstances that were not considered when the regulation was adopted are present such that granting the exemption is in the public interest.

Holtec requests approval of the proposed exemption by February 28, 2026.

There are no regulatory commitments contained in this submittal.

If you have any questions or require additional information, please contact Frank Sienczak, Regulatory Assurance Manager, at 269-764-2263.

Respectfully, Jean Fleming Vice President of Licensing and Regulatory Affairs Holtec International

Enclosure:

Request for Exemption from 10 CFR 2.109(b)

References:

1. Holtec Decommissioning International, LLC letter to U.S. Nuclear Regulatory Commission, Application for Order Consenting to Transfer of Control of License and Approving Conforming License Amendments, dated December 6, 2023 (ADAMS Accession No. ML23340A161)

2. Holtec Decommissioning International, LLC (HDI) letter to U.S. Nuclear Regulatory Commission (NRC), "License Amendment Request to Revise Renewed Facility Operating License and Permanently Defueled Technical Specifications to Support Resumption of Power Operations," dated December 14, 2023 (ADAMS Accession No. ML23348A148) cc:

NRC Region III Regional Administrator NRC Senior Resident Inspector - Palisades Nuclear Plant NRC Project Manager - Palisades Nuclear Plant Designated Michigan State Office Digitally signed by Jean A. Fleming DN: cn=Jean A. Fleming, o=Holtec Decommissioning International, LLC, ou=Regulatory and Environmental Affairs, email=J.Fleming@Holtec.com Date: 2025.06.26 07:07:05 -04'00' Jean A.

Fleming

Enclosure to PNP 2025-041 Request for Exemption from 10 CFR 2.109(b) 10 pages follow

Enclosure PNP 2025-041 Page 1 of 10 1.0 SPECIFIC EXEMPTION REQUEST In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 54.15, Specific exemptions, and 10 CFR 50.12, Specific exemptions, which allow specific exemptions to U.S.

Nuclear Regulatory Commission (NRC) regulations, Holtec1 requests an exemption from the requirement in 10 CFR 2.109, Effect of timely renewal application, paragraph (b) (10 CFR 2.109(b)) that an application for renewal of an operating license be submitted five years prior to the expiration of the existing license to receive timely renewal protection. Specifically, Holtec hereby requests that the U.S. Nuclear Regulatory Commission (NRC) permit the subsequent license renewal application (SLRA) for the Palisades Nuclear Power Plant (PNP) be submitted to the NRC no later than three years prior to the expiration of the operating license on March 24, 2031, and still receive timely renewal protection under 10 CFR 2.109(b). This request is contingent upon the approval of the Palisades Nuclear Plant (PNP) license amendment request dated December 14, 2023 (Reference 8.1). 10 CFR 2.109(b) provides that if a nuclear power plant licensee files a sufficient license renewal application (LRA) with the NRC "at least five years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined."

2.0 BACKGROUND

Entergy, the previous owner of PNP, announced its plan to close the plant in 2016 and the NRC approved the transfer of the license to Holtec in 2021 for the purpose of decommissioning (Reference 8.2). The plant ceased operations in May 2022. On June 13, 2022, in accordance with 10 CFR 50.82(a)(1)(ii), Entergy certified that the fuel was permanently removed from the reactor vessel and placed in the spent fuel pool (Reference 8.3). Upon docketing of that certification, the 10 CFR 50 renewed operating license no longer authorized operation of the reactor or emplacement or retention of fuel into the reactor. In June 2022, the ownership of the plant was also transferred from Entergy to Holtec Palisades, LLC, and Holtec Decommissioning International, LLC became the licensee responsible for decommissioning. In letters dated February 1, 2023 and March 13, 2023, Holtec presented their plans for the Regulatory Path to Reauthorize Power Operations at the Palisades Nuclear Plant at a public meeting (References 8.4 and 8.5)

In September 2024, the U.S. Department of Energy announced the closing of a $1.52 billion loan guarantee to finance the restart of PNP. The state of Michigan enacted the Clean Energy and Jobs Act in November 2023 (Reference 8.6) requiring electricity providers to supply at least 80% of power from clean energy sources, a category that includes nuclear, by 2035, and 100%

1 Holtec Palisades, LLC (Holtec Palisades) is the licensed owner of PNP. Holtec Decommissioning International, LLC (HDI) is the licensed operator of PNP while the facility is in decommissioning.

Pursuant to the license transfer application submitted in connection with the PNP restart (Reference 8.15), licensed authority will transfer from HDI to Palisades Energy, LLC (Palisades Energy) upon NRCs approval of the transition from decommissioning back to power operations. Holtec Palisades will remain the licensed owner of PNP.

Enclosure PNP 2025-041 Page 2 of 10 by 2040. The restart and subsequent license renewal of PNP are important elements of the states ability to achieve these goals.

3.0 BASIS FOR EXEMPTION REQUEST Under Section 9(b) of the Administrative Procedure Act of 1946 (APA), 5 USC 558(c), [w]hen the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency. This is known as the "timely renewal doctrine." The timely renewal doctrine is embodied in the NRC's regulations in 10 CFR 2.109(b), which states that "[i]f the licensee of a nuclear power plant licensed under 10 CFR 50.21(b) or 50.22 files a sufficient application for renewal of either an operating license or a combined license at least 5 years before the expiration of the existing license, the existing license will not be deemed to have expired until the application has been finally determined."

Special circumstances are present that impact the ability of Holtec to meet the requirement that the SLRA be submitted at least five years prior to the expiration of the PNP renewed operating license on March 24, 2031. As described in Section 2.0 above, there will be just over three years from the date that Holtec notified the NRC of its plan to restart PNP to the deadline for meeting the five-year requirement. The aging analyses and other calculations required for the SLRA submittal may not be completed within this short timeframe. During this period, the plant staff and its contractors must also focus their resources on preparations for returning the plant safely to operations. These efforts would be impacted if Holtec were to shift its focus to the development of an SLRA to meet the five-year deadline for a timely submittal on March 24, 2026. Any delay in the restart of the plant caused by such a reprioritization would also impact the state of Michigans clean energy goals. Accordingly, Holtec requests that the NRC approve this exemption request and allow submittal of the SLRA at least three years (instead of five years) prior to the expiration of the PNP renewed operating license and still receive timely renewal protection.

4.0 JUSTIFICATION FOR EXEMPTIONS AND SPECIAL CIRCUMSTANCES In accordance with 10 CFR 54.17(a), "[t]he filing of an application for a renewed license must be in accordance with subpart A of 10 CFR part 2," which includes the timely renewal provision in 10 CFR 2.109(b). 10 CFR 54.15 also provides that [e]xemptions from the requirements of this part [Part 54] may be granted by the Commission in accordance with 10 CFR 50.12." For the reasons discussed below, Holtec respectfully requests that this exemption be granted because it meets the criteria in 10 CFR 50.12.

A.

The exemptions are authorized by law 10 CFR 50.12(a)(1) states, in part, that the NRC may grant an exemption from NRC regulations which are authorized by law. The NRC's timely renewal regulation (10 CFR 2.109) is based on The Administrative Procedures Act (APA) Section 9(b), which states that "[w]hen a licensee has made timely and sufficient application for a renewal or a new license in accordance with agency

Enclosure PNP 2025-041 Page 3 of 10 rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency."2 The five-year deadline (i.e., latest permitted date) for obtaining timely renewal protection for an SLRA as specified in 10 CFR 2.109(b) is the result of a discretionary agency rulemaking under Sections 161 and 181 of the Atomic Energy Act of 1954, as amended (AEA), and not mandated by statute. No statute requires the NRC to specifically adopt a five-year timely renewal limit for license renewal applications. Rather, in implementing the APA's timely renewal provision, the NRC needs only to ensure that it provides itself with reasonable and sufficient time to review the applications while providing appropriate timely renewal protection to compliant applicants.3 In fact, the initial rulemaking for 10 CFR 2.109 required that a licensee submit a license renewal application only three years prior to expiration of the operating license for timely renewal protection. In the Statement of Consideration for the final rule (Reference 8.7), the NRC states that no specific comment was received on this proposal but changed the deadline to five years for consistency with regulations for submittal of decommissioning plans and related financial assurance information that required five years.

Thus, neither the AEA nor the APA requires a five-year period for filing a renewal application to comply with the timely renewal doctrine. The NRC may shorten the period at its discretion and in accordance with agency rules through a change to, or exemption from, the existing regulation. Accordingly, this exemption request is authorized by law.

B. The exemptions will not present an undue risk to public health and safety 10 CFR 50.12(a)(1) requires, in part, a demonstration that the granting of an exemption from the requirement in question "will not present an undue risk to the public health and safety." As shown below, this exemption request fully satisfies that criterion.

Holtec will need to satisfy applicable regulatory requirements in connection with the preparation and submittal of a sufficient SLRA for PNP. If the exemption is approved, Holtec would submit the application no later than three years prior to the expiration of the renewed operating license or March 24, 2028. In accordance with 10 CFR 54.29, Standards for issuance of a renewed license, the NRC may only issue a renewed license upon a finding that, for matters within the scope of license renewal, there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the [current licensing basis],

and that any changes made to the plants [current licensing basis] are in accord with the

[AEA] and the Commissions regulations. Nothing in this exemption request would obviate the 2 Administrative Procedure Act of 1964 (APA), 5 USC 558(c).

3 At the time the NRC issued its original license renewal rule, the NRC Sta noted that "[a]ny period determined as reasonable for NRC review of license renewal applications should ideally not be restrictive to licensees." NUREG-1362 (Draft), "Regulatory Analysis for Final Rule on Nuclear Power Plant License Renewal" (Dec. 1991) at 5-5.

Enclosure PNP 2025-041 Page 4 of 10 NRCs required findings under Section 54.29 or limit public participation in the license renewal process.

The three-year period for the NRC staffs review of an SLRA also encompasses the NRC staffs stated goal for an 18 month review period if a hearing is not required (Reference 8.8). In fact, in a recent acceptance of an SLRA for docketing, the NRC included a schedule that provided for a one-year review from acceptance of the application for docketing to a decision, if no hearing is required (Reference 8.14).

Furthermore, during its review of the SLRA, the NRC would continue to maintain an onsite presence and retain its authority to conduct all regulatory activities associated with licensing, inspection, and oversight, and to take whatever action(s) may be necessary to ensure adequate protection of the public health and safety.

C. The exemptions are consistent with the common defense and security Modifying the timely renewal application-filing deadline from five years to three years before license expiration will not affect Holtecs ability to maintain the safe and secure status of the plant or its ability to physically secure the site and protect special nuclear material. The PNP safeguards and security programs will remain in full effect during any interim period permitted under the timely renewal doctrine. Further, licensee security programs are outside the scope of a subsequent license renewal review. The proposed exemption is therefore consistent with the common defense and security.

4.2 Special Circumstances Supporting the Issuance of an Exemption The NRC will not consider granting an exemption unless at least one of six "special circumstances" specified in Under 10 CFR 50.12(a)(2) is present. Three of the special circumstances apply to this request as set forth below. First, under 10 CFR 50.12(a)(2)(ii), the underlying purpose of the rule can be achieved if Holtec files the SLRA three years before the PNP license expires. Second, compliance with the regulation would result in undue hardship and costs to Holtec that are significantly in excess of those contemplated when the regulation was adopted, and those incurred by others similarly situated (10 CFR 50.12(a)(2)(iii)). Third, other material circumstances not considered when the regulation was adopted are present, such that granting the exemption is in the public interest (10 CFR 50.12(a)(2)(vi)).

A. 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 The Statement of Consideration (SOC) for the license renewal rule in 10 CFR Part 54 (Reference 8.7) states the following:

Because the review of a renewal application will involve a review of many complex technical issues, the NRC estimates that the technical review would take approximately 2 years. Any necessary hearing could likely add an additional year or more. Therefore, in

Enclosure PNP 2025-041 Page 5 of 10 the proposed rule, the Commission modified § 2.109 to require that nuclear power plant operating license renewal applications be submitted at least 3 years prior to their expiration in order to take advantage of the timely renewal doctrine.

No specific comment was received concerning the proposal to add a 3-year provision for the timely renewal provision for license renewal. The current regulations require licensees to submit decommissioning plans and related financial assurance information on or about five years prior to the expiration of their operating licenses. The Commission has concluded that, for consistency, the deadline for submitting a license renewal application should be 5 years prior to the expiration of the current operating license. The timely renewal provisions of § 2.109 now reflect the decision that a 5-year time limit is more appropriate.

This excerpt from the SOC for license renewal rule indicates that the NRC regarded three years as a reasonable amount of time to complete the review of a license renewal application. The five-year requirement for timely protection was adopted in lieu of the proposed three-year requirement only to be consistent with the decommissioning rule.

Submittal of the PNP SLRA at least three years prior to the expiration of the renewed operating license would provide the three-year period that the NRC originally estimated would be needed to complete its review and any hearing, if necessary. Application of the five-year review requirement to receive the timely submittal protection of 10 CFR 2.109 is therefore not necessary to achieve the underlying purpose of the rule. The special circumstance of 10 CFR 2.109(a)(2)(ii) is satisfied B. 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 PNP was removed from service and defueled by Entergy in May and June 2022, respectively (Reference 8.3). In February 2023, Holtec, the new owner, notified the NRC of its intention to restart the plant. PNP will be the first US nuclear power plant that is restarted after being closed for the purpose of decommissioning. This requires a focused effort by the plant staff and its contractors. To restart, plant components must be returned to a status that supports safe operation, upgrades and repairs needed to meet the operational licensing basis must be made, and NRC approval must be obtained. Compliance with the requirement that the SLRA be submitted five years prior to the expiration of the renewed Operating license or March 24,2026 would significantly drain resources from these efforts. To have the SLRA ready for submittal next March, the work of the plant staff and its contractors and consultants would have to be reprioritized. Even if that were done, the SLRA may not be ready for submittal next March since aging analyses and other calculations may not be completed by then.

The timely renewal regulation did not anticipate the unique circumstances presented in meeting the five-year timeline for PNP. As described above, three years is a reasonable timeframe for the NRC review of the SLRA and compliance with the five-year requirement

Enclosure PNP 2025-041 Page 6 of 10 would result in undue hardship and costs that are significantly in excess of those contemplated when the regulation was adopted. The special circumstance of 10 CFR 50.12(a)(2)(iii) is satisfied.

C. It is in the public interest to grant the exemptions based on new and material circumstances that did not exist when the NRC adopted Section 2.109(b)

As described above, PNP is preparing to be the first plant to be restored to commercial operation after being closed for the purpose of decommissioning. From the announcement of Holtecs intention to restart until the current deadline for a submittal of the SLRA with the timely renewal protection of 10 CFR 2.109(b) is just over three years. If PNP was in continuous operation, there would have been much more time to plan for and prepare the SLRA. The timely renewal rule did not contemplate the situation in which a plant restart from a permanent shutdown status would have to occur in parallel with preparation of a license renewal application.

Holtec is targeting Fall 2025 for restoration of the plant to operational status. Timely restart of PNP has been deemed essential to meet Michigans clean energy commitment that requires that an electric provider shall achieve a clean energy portfolio at least 80% by 2035, and 100% by 2040.

In summary new and material circumstances exist regarding the timing of the submittal of the PNP SLRA. Allowing the station to focus on preparations for a safe and efficient restart rather than draining resources from these preparations to meet the five-year requirement for timely submittal is in the public interest. The special circumstance of 10 CFR 50.12(a)(2)(vi) is satisfied 5.0 PRECEDENT The NRC has previously approved requests for an exemption from the timely renewal provision of 10 CFR 2.109 for the Oyster Creek Nuclear Generating Station in December 2004 (Reference 8.9), the Clinton Power Station in July 2019 (Reference 8.10), Nine Mile Point Unit 1 in April 2021 (Reference 8.11), R.E. Ginna Nuclear Power Plant in September 2020 (Reference 8.12), and Diablo Canyon in March 2023 (Reference 8.13).

6.0 ENVIRONMENTAL ASSESSMENT Holtec has determined that the proposed exemption requests meet the categorical exclusion provision in 10 CFR 51.22(c)(25), Granting of an exemption from the requirements of any regulation of this chapter,., Specifically, the requested licensing actions are exemptions from the requirements of the Commissions regulations and (1) there is no significant hazards considerations; (2) there is no significant change in the types or significant increases in the amounts of any effluents that may be released offsite; (3) there is no significant increase in individual or cumulative public or occupational radiation exposure; (4) there is no significant construction impact; (5) there is no significant increase in the potential for or consequences from

Enclosure PNP 2025-041 Page 7 of 10 radiological accidents; and (6) the requirements from which the exemptions are sought involve scheduling requirements and other requirements of an administrative nature.

As demonstrated below, each of these provisions in 10 CFR 51.22(c)(25) is satisfied by this exemption request. 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 requests.

6.1 No Significant Hazards Consideration Holtec has evaluated whether a significant hazards consideration is involved with the proposed exemption in accordance with the three standards set forth in 10 CFR 50.92, Issuance of amendment, as discussed below.

1. Do the proposed exemptions involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No The proposed exemption would allow Holtec to submit the SLRA for PNP less than five but no more than three years before the expiration of the renewed operating license while still maintaining timely renewal protection under 10 CFR 2.109(b). 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 the facilities. 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 in the PNP Updated Final Safety Analysis Reports (UFSAR).

Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Do the proposed exemptions create the possibility of a new or different kind of accident from any accident previously analyzed?

Response: No The proposed exemption would allow Holtec to submit the SLRA for PNP less than five but no more than three years before the expiration of the renewed operating license while still maintaining timely renewal protection under 10 CFR 2.109(b). The proposed exemption does not involve physical alteration of plant systems, structures, or components (SSCs), or changes in parameters governing the manner in which 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.

Enclosure PNP 2025-041 Page 8 of 10

3. Do the proposed exemptions involve a significant reduction in a margin of safety?

Response: No The proposed exemption would allow Holtec to submit the SLRA for PNP less than five but no more than three years before the expiration of the renewed operating license while still maintaining timely renewal protection under 10 CFR 2.109(b).

Margin of safety is associated with confidence in the ability of the fission produce barriers (i.e.,

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 the facility. In addition, the proposed exemption will not relax any of the criteria used to establish safety limits, nor will the proposed exemption relax safety system settings or limiting conditions of operation as defined in the Technical Specifications.

6.2 There is no significant change in the types or significant increases in the amounts of any effluents that may be released offsite There are no changes in the types, characteristics, or quantities of effluents discharged to the environment associated with the proposed exemption. The exemption will not cause any materials or chemicals to be introduced into the plant that could affect the characteristics or types of effluents released offsite. In addition, the method of operation of waste processing systems will not be affected by the exemptions. The proposed exemption will not result in changes to the design basis requirements of SSCs that function to limit or monitor the release of effluents. All the SSCs associated with limiting the release of effluents will continue to be able to perform their functions.

Therefore, the proposed exemption will result in no significant change to the types or significant increase in the amounts of any effluents that may be released offsite.

6.3 There is no significant increase in individual or cumulative public or occupational radiation exposure The proposed exemption does not involve any physical alterations to the plant configuration or any changes to the operation of the facility that could lead to a significant increase in individual or cumulative occupational radiation exposure.

6.4 There is no significant construction impact No construction activities are associated with the proposed exemption.

Enclosure PNP 2025-041 Page 9 of 10 6.5 There is no significant increase in the potential for or consequences from radiological accidents See the no significant hazards considerations discussion in Section 6.1 above.

6.6 The requirements from which the exemption is sought involve 10 CFR 51.22(c)(25)(vi)(G) (Scheduling requirements), and 10 CFR 51.22(c)(25)(vi)(I) (Other requirements of an administrative, managerial, or organizational nature)

The underlying purpose of the timely renewal requirement in 10 CFR 2.109(b) from which an exemption is sought is to protect a licensee who is engaged in an ongoing licensed activity and who has complied with agency rules in applying for a renewed or new license from facing license expiration as the result of delays in the administrative process. The requested exemption, if granted, would allow Holtec to submit the SLRA for PNP with less than five years remaining before expiration of the operating license while maintaining the protections of the timely renewal provision in 10 CFR 2.109(b), and allowing sufficient time for NRC review of the renewal application.

7.0 CONCLUSION

As demonstrated above, this request for an exemption from the requirements of 10 CFR 2.109(b) meets the criteria of 10 CFR 54.15 and 10 CFR 50.12 for specific exemptions.

Specifically, the requested 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. In addition, the special circumstances described in 10 CFR 50.12(a)(2)(ii), (iii), and (vi) are present and warrant issuance of the exemption.

8.0 REFERENCES

8.1 Holtec Decommissioning International, LLC (HDI) letter to U.S. Nuclear Regulatory Commission (NRC), "License Amendment Request to Revise Renewed Facility Operating License and Permanently Defueled Technical Specifications to Support Resumption of Power Operations," dated December 14, 2023 (ADAMS Accession No. ML23348A148) 8.2 NRC Letter, Palisades Nuclear Plant and Big Rock Point Plant - Order Approving Transfer of Licenses and Draft Conforming Administrative License Amendments (EPID L-2020-LLM-0003), dated December 13, 2021 (ADAMS Accession No. ML21292A145) 8.3 Entergy Letter, Certification of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel, dated June 13, 2022 (ADAMS Accession No. ML22164A067) 8.4 Holtec Decommissioning International Letter HDI PNP 2023-001, Regulatory Path to Reauthorize Operations at the Palisades Nuclear Plant, dated February 1, 2023 (ADAMS Accession No. ML23032A399

Enclosure PNP 2025-041 Page 10 of 10 8.5 Holtec Decommissioning International Letter HDI PNP 2023-01, Regulatory Path to Reauthorize Operations at the Palisades Nuclear Plant, dated March 13, 2023 (ADAMS Accession No. ML23072A404) 8.6 State of Michigan Public Act No. 235 (Clean Energy and Jobs Act) effective date February 27, 2024 8.7 NRC Final Rule, Nuclear Plant License Renewal, Statement of Considerations, Federal Register Vol.56, No. 240, Friday December 13, 1991, pages 64943 and 64962 8.8 NRC.gov Website, Backgrounder on Subsequent License Renewal, The Review Process.

8.9 NRC Letter, Oyster Creek Nuclear Generating Station - Exemption from the Requirements of Section 109(b) of 10 CFR Part 2, Regarding the Effect of Timely License Renewal Application (TAC No. MC3967), dated December 22, 2004 (ADAMS Accession No. ML042960164) 8.10 NRC Letter, Clinton Power Station, Unit 1, Exemption from the Requirements of 10 CFR 54.17(A) (EPID L-2018-LLE-0018), dated July 11, 2019 (ADAMS Accession No. ML19092A258) 8.11 NRC Letter, Nine Mile Point Nuclear Station, Unit 1 - Exemption from the Requirements of 10 CFR Part 2, Section 2.109(b) Related to Submission of Subsequent License Renewal Application (EPID L-2020-LLE-0146), dated April 9, 2021 (ADAMS Accession No. ML21061A070) 8.12 R.E. Ginna Nuclear Power Plant-Federal Register Notice, Exemption from the Requirements of 10 CFR 2.109(b) Related to Subsequent License Renewal Application, dated April 14, 2021, (EPID L-2020-LLE-0144), (ADAMS Accession No. ML21063A005) 8.13 NRC Letter, Diablo Canyon Power Plant, Units 1 and 2 - Exemption from the Requirements Related to Submission of a License Renewal Application, dated March 2, 2023 (ADAMS Accession No. ML23026A115) 8.14 NRC Letter, Edwin I. Hatch Nuclear Plant, Units 1 and 2 - Determining Acceptability and Sufficiency for Docketing, Proposed Review Schedule, and Opportunity for a Hearing Regarding the Southern Operating Company, Inc Application for Subsequent License Renewal, dated June 13, 2025 (ADAMS Accession No. ML25154A110) 8.15 Holtec Decommissioning International, LLC letter to U.S. Nuclear Regulatory Commission, Application for Order Consenting to Transfer of Control of License and Approving Conforming License Amendments, dated December 6, 2023 (ADAMS Accession No. ML23340A161)