RS-24-058, Regarding Subsequent License Renewal Environmental Review

Regarding Subsequent License Renewal Environmental Review

ML24157A069
Person / Time
Site:	Peach Bottom
Issue date:	06/05/2024
From:	Wilson C Constellation Energy Generation
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
RS-24-058
Download: ML24157A069 (1)

Text

200 Exelon Way Kennett Square, PA 19348 www.constellation.com 10 CFR 51 10 CFR 54 RS-24-058 June 5, 2024 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555-0001 Peach Bottom Atomic Power Station, Units 2 and 3 Subsequent Renewed Facility Operating License Nos. DPR-44 and DPR-56 NRC Docket Nos. 50-277 & 50-278

Subject:

Regarding the Subsequent License Renewal Environmental Review for Peach Bottom Atomic Power Station, Units 2 and 3

References:

1. Letter from Michael P. Gallagher (Exelon Generation Company, LLC) to U.S.

NRC, Application for Subsequent Renewed Operating Licenses, dated July 10, 2018 (ML18193A689)

2. U.S. NRC, Safety Evaluation Report Related to the Subsequent License Renewal of Peach Bottom Atomic Power Station, Units 2 and 3, dated February 29, 2020 (ML20044D902)

3. NUREG-1437, Supplement 10, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 10, Second Renewal, Regarding Subsequent License Renewal for Peach Bottom Atomic Power Station Units 2 & 3, dated January 31, 2020 (ML20023A937)

4. U.S. NRC, Record of Decision - Issuance of Subsequent Renewed Facility Operation License Nos. DPR-44 and DPR-56 for Peach Bottom Atomic Power Station, Units 2 & 3 (EPID NO. L-2018-RNW-0012), dated March 4, 2020 (ML20024G429)

5. Commission Memoranda and Orders dated February 24, 2022, CLI-22-02 (ML22055A496), CLI-22-03 (ML22055A527), and CLI-22-04 (ML22055A557)

6. Letter from U.S. NRC to David P. Rhoades (Constellation Energy Generation, LLC), Peach Bottom Atomic Power Station, Units 2 and 3Modification to Subsequent Renewed Facility Operating License Nos. DPR-44 and DPR-56 in Conjunction with Commission Memorandum and Order CLI-22-04 (EPID L-2018-RNW-0012), dated March 25, 2022 (ML22073A207)

7. VR-SECY-24-0017, Commission Voting Record, dated May 16, 2024 (ML24137A131)

In Reference 1, Exelon Generation Company, LLC (now Constellation Energy Generation, LLC (CEG)) submitted its Environmental Report in support of the Subsequent License Renewal Application (SLRA) for Peach Bottom Atomic Power Station (PBAPS) Units 2 and 3. The NRC Staff issued its Safety Evaluation Report (SER) and Supplemental Environmental Impact Statement (SEIS) for the SLRA in References 2 and 3. The NRC Staff then issued subsequently renewed licenses for PBAPS Units 2 and 3, extending the terms of those licenses by 20 years beyond the current operating periods (i.e., for the subsequent period of extended operation

June 5, 2024 U.S. Nuclear Regulatory Commission Page 2 (SPEO) until August 8, 2053, and July 2, 2054, for Units 2 and 3, respectively), and those extended licenses became immediately effective (Reference 4).

In February 2022, after issuance of the subsequently renewed licenses, the Commission reversed its previous determination that 10 CFR § 51.53(c)(3) could be applied to subsequent license renewal and, therefore, concluded that the NRC Staff did not conduct an adequate National Environmental Policy Act (NEPA) analysis before issuing CEG the subsequently renewed licenses for PBAPS Units 2 and 3 (see CLI-22-04, Reference 5). The Commission maintained the subsequent renewed licenses but shortened the terms to match the end dates of the current operating periods, pending the development of a revised NEPA analysis (Reference 6). The NRC Staff has since proceeded with rulemaking to revise 10 CFR § 51.53(c)(3) in accordance with the direction provided in Commission Orders CLI-22-02, CLI-22-03, and CLI-22-04 (Reference 5), and the Final Rule was approved on May 16, 2024 (Reference 7).

Given the Commissions approval of the Final Rule and considering the NRCs current rulemaking schedule, CEG is requesting the NRC provide its plan for re-engagement and completion of the PBAPS Units 2 and 3 SLRA environmental review. As part of this engagement, CEG also seeks clarity on when the NRC expects to restore the SPEO to the PBAPS Units 2 and 3 licenses.

CEG believes an audit would be the most efficient way for the NRC Staff to resolve any remaining environmental issues raised by the Final Rule. CEG is prepared to support the NRCs review to ensure an expeditious reinstatement of the SPEO license expiration dates for PBAPS Units 2 and 3.

There are no regulatory commitments contained in this letter.

If you have any questions, please contact Hannah Pell, Regulatory Engineer, License Renewal Projects, at 717-599-2436 or via email at hannah.pell@constellation.com.

Respectfully, Christopher D. Wilson Director, License Renewal Constellation Energy Generation, LLC cc:

Director, Division of License Renewal, NRR NRC Regional Administrator - Region I NRC Senior Resident Inspector - Peach Bottom Atomic Power Station Director, Bureau of Radiation Protection - Pennsylvania Department of Environmental Protection Wilson, Christopher D Digitally signed by Wilson, Christopher D

Date: 2024.06.05 10:12:25 -04'00'