LR-N25-0011, Geneating Station and Salem Generating Station, Units 1 and 2 - Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule
| ML25030A087 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek, Salem  |
| Issue date: | 01/28/2025 |
| From: | David Mannai Public Service Enterprise Group |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| LR-N25-0011 | |
| Download: ML25030A087 (1) | |
Text
David Mannai Vice President, Regulatory Affairs & Nuclear Oversight, PSEG Nuclear 2200 Alloway Creek Neck Road PO Box 236 Hancocks Bridge, New Jersey 08038-0221 (856) 339-2061 David.Mannai@PSEG.com 10 CFR 50.12(a) 10 CFR 50.71(e)
LR-N25-0011 January 28, 2025 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Hope Creek Generating Station Renewed Facility Operating License No. NPF-57 NRC Docket No. 50-354 Salem Generating Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-70 and DPR-75 NRC Docket Nos. 50-272 and 50-311
Subject:
Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule In accordance with 10 CFR 50.12(a), PSEG Nuclear LLC (PSEG), is requesting an exemption from the requirements of 10 CFR 50.71(e)(4) regarding submission of revisions to the Updated Final Safety Analysis Reports (UFSARs) for Hope Creek Generating Station and Salem Generating Station, Units 1 and 2. The details of the 10 CFR 50.12(a) exemption request are attached.
PSEG requests the NRC grant this exemption by February 28, 2026.
There are no regulatory commitments contained in this submittal. If you have any questions or require additional information, please do not hesitate to contact Eric Otruba at Eric.Otruba@PSEG.com.
Sincerely, David Mannai Vice President, Regulatory Affairs & Oversight PSEG Nuclear J.
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LR-N25-0011 10 CFR 50.12(a)
Page 2 10 CFR 50.71(e)
Attachment - Request for Exemption from UFSAR Submittal Schedule cc:
Administrator - Region I - USNRC NRC Project Manager - Hope Creek NRC Project Manager - Salem NRC Senior Resident Inspector - Hope Creek NRC Senior Resident Inspector - Salem Manager, New Jersey Bureau of Nuclear Engineering Corporate Commitment Tracking Coordinator
Attachment LR-N25-0011 Attachment Request for Exemption from UFSAR Submittal Schedule
LR-N25-0011 Attachment 1
EXEMPTION REQUEST I. SPECIFIC EXEMPTION REQUEST In accordance with 10 CFR 50.12(a)(1), PSEG Nuclear LLC (PSEG), is requesting a permanent exemption from the requirements of 10 CFR 50.71(e)(4) for submission of revisions to the Updated Final Safety Analysis Reports (UFSARs) for Hope Creek Generating Station (Hope Creek) and Salem Generating Station (Salem), Units 1 and 2.
PSEG requests that the submittal of the Salem Unit 1 and Unit 2 combined UFSAR be due by August 31 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). For practical or business reasons, the submittal would occur any time in the month of August on an odd-numbered year.
Similarly, PSEG requests that the submittal of the Hope Creek UFSAR be due by August 31 of every even-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). For practical or business reasons, the submittal would occur any time in the month of August on an even-numbered year.
PSEG is requesting this exemption for Salem and Hope Creek be granted by February 28, 2026.
II. BASIS FOR EXEMPTION REQUEST Salem Unit 1, Salem Unit 2, and Hope Creek are on staggered 18 month refueling cycles.
Salem Units 1 and 2 share a combined UFSAR. On April 7,1999, Salem was granted an exemption to submit UFSAR updates within six months after each Salem Unit 1 refueling outage, not to exceed 24 months between successive revisions (Reference 1). The exemption reduced the original reporting requirement that often resulted in updating the UFSAR more frequently than every 12 months. The proposed schedule change in this exemption request, to submit the updated Salem UFSAR by August 31 of every odd-numbered year and the updated Hope Creek UFSAR by August 31 of every even-numbered year, would allow more efficient scheduling and allocation of PSEG resources to prepare and submit UFSAR updates for the PSEG fleet while remaining within the maximum allowed 24 months between successive updates for each plant.
The most recent Salem UFSAR submittal was made on May 9, 2024 (Reference 2), and the next submittal is currently planned to occur by November 2025. If the requested exemption is granted, this next submittal will occur as required by 10 CFR 50.71(e)(4), with the subsequent Salem UFSAR update submittal occurring in August 2027. The proposed schedule implementation would not exceed the maximum 24 months between submittals.
The most recent Hope Creek UFSAR submittal was made on November 14, 2024 (Reference 3), and the next submittal is currently planned to occur in April 2026. If the requested exemption is granted, this next Hope Creek submittal would be rescheduled to
LR-N25-0011 Attachment 2
occur in August 2026. The proposed schedule implementation would not exceed the maximum 24 months between submittals.
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.
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 Salem and Hope Creek UFSAR updates will continue to reflect changes to the UFSAR 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 UFSAR 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 UFSAR 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 UFSAR are evaluated in that changes to the UFSAR will continue to be reviewed through the existing applicable administrative and programmatic control processes to ensure that UFSAR changes are properly evaluated and implemented.
10 CFR 50.71(e)(4) requires licensees to periodically submit their UFSAR 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 UFSAR. 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.
LR-N25-0011 Attachment 3
The proposed exemption has no impact on the Salem and Hope Creek physical security plan or the ability to protect special nuclear material at Salem and Hope Creek. 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 UFSAR to assure that the UFSAR remains up-to-date and accurately reflects the plant design and operation. 10 CFR 50.71(e)(4) requires subsequent revisions to UFSARs to be filed annually or six months after each refueling outage, provided the interval between successive updates does not exceed 24 months. The majority of facility design changes reflected in the UFSARs at Salem and Hope Creek are no longer effected during refueling outages. Therefore, the application of the regulation, with respect to coupling reporting frequency to refueling cycle intervals, is not necessary to achieve the underlying purpose of the rule for Salem and Hope Creek.
PSEG maintains living Salem and Hope Creek UFSARs that are posted electronically to the PSEG intranet. The living documents are used by PSEG personnel and are available to onsite NRC inspectors. The living UFSAR contains timely updates between the periodic submissions. The processing and submittal of more frequent revisions to the UFSAR, including all documents incorporated by reference, is not necessary to achieve the underlying purpose of the rule. The routine UFSAR 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 UFSAR 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 UFSAR update schedule for Salem and Hope Creek. PSEG would submit the updated Salem UFSAR by August 31 of every odd-numbered year and submit the updated Hope Creek UFSAR by August 31 of every even-numbered year. This schedule would allow more efficient scheduling and allocation of PSEG resources to prepare and submit UFSAR updates for the PSEG fleet while remaining within the maximum allowed 24 months between successive updates as required by 10 CFR 50.71(e)(4). The proposed due dates for Salem and Hope Creek would allow, for practical or business reasons, the submittal to be made any time during the month due. The Salem and Hope Creek UFSAR updates will continue to reflect changes to the UFSAR 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 assure that the UFSAR remains up-to-date and accurately reflects plant design and operation.
III. ENVIRONMENTAL ASSESSMENT PSEG has determined that the requested exemption meets the categorical exclusion provision in 10 CFR 51.22(c)(25). 10 CFR 51.22(c)(25) allows the exemption to be granted provided that the requirements of 10 CFR 51.22(c)(25)(i) through (vi) are met. PSEG has determined that all of the criteria for this categorical exclusion are met as follows:
LR-N25-0011 Attachment 4
(i) There is no significant hazards consideration.
The criteria for determining whether an action involves a significant hazards consideration are contained in 10 CFR 50.92. The proposed action is an administrative activity that involves a change in schedule for routine submission of the Salem and Hope Creek UFSAR revisions. The change does not affect plant equipment, operation, or procedures. There is no significant hazards consideration associated with granting the exemption as this change does not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated, (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.
(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
The proposed action involves a schedule change for routine submittal of updates to the Salem and Hope Creek UFSARs. This activity is administrative in nature and does not involve any 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.
The proposed action involves a schedule change for routine submittal of updates to the Salem and Hope Creek UFSARs. This activity is administrative in nature and does not result in a significant increase in occupational or public radiation exposure.
(iv) There is no significant construction impact.
The proposed action involves a schedule change for routine submittal of updates to the Salem and Hope Creek UFSARs. This activity is administrative in nature and does not involve any construction impact.
(v) There is no significant increase in the potential for or consequences from radiological accidents.
The proposed action involves a schedule change for routine submittal of updates to the Salem and Hope Creek UFSARs. This activity is administrative in nature and does not result in a significant increase in the potential for or consequences from radiological accidents.
(vi) The requirements from which an exemption is sought involve:
(A) Recordkeeping requirements; (B) Reporting requirements; (C) Inspection or surveillance requirements; (D) Equipment servicing or maintenance scheduling requirements;
LR-N25-0011 Attachment 5
(E) Education, training, experience, qualification, requalification or other employment suitability requirements; (F) Safeguard plans, and materials control and accounting inventory scheduling requirements; (G) Scheduling requirements; (H) Surety, insurance or indemnity requirements; or (I) Other requirements of an administrative, managerial, or organizational nature.
The proposed action involves 10 CFR 51.22(c)(25)(vi)(G), scheduling requirements.
The schedule requirements are associated with an administrative activity to provide periodic UFSAR updates as prescribed in 10 CFR 50.71(e)(4). The Hope Creek UFSAR is currently submitted as prescribed in 10 CFR 50.71(e)(4) and the Salem UFSAR is currently submitted on a schedule prescribed by an earlier exemption (Reference 1). This exemption request proposes a revised UFSAR update schedule for Salem and Hope Creek. PSEG would submit the updated Salem UFSAR by August 31 of every odd-numbered year and submit the updated Hope Creek UFSAR by August 31 of every even-numbered year. This schedule will meet the underlying purpose of 10 CFR 50.71(e)(4) to ensure that UFSAR revisions, including documents incorporated by reference in the UFSAR, are periodically submitted to the NRC to assure that the UFSAR remains up-to-date and accurately reflects the plant design and operation.
The Salem and Hope Creek UFSAR updates will continue to reflect changes to the UFSAR up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71(e)(4). Further, the proposed exemption would not allow PSEG to exceed the maximum 24 months between successive updates as required by 10 CFR 50.71(e)(4). The proposed due dates would allow, for practical or business reasons, the submittal to be made any time during the month in which the submittal is due. Based on the above discussion, PSEG asserts that the proposed exemption meets 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 this exemption request.
IV. PRECEDENT The NRC has previously granted similar exemptions. By \
letter dated August 4, 2021 (Reference 4), 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 UFSAR by October 31 of every odd-numbered and even-numbered year respectively, and not to exceed 24 months between successive updates.
By \
letter dated September 11, 2024 (Reference 5), the NRC granted an exemption from specific requirements of 10 CFR 50.71(e)(4) for the Comanche Peak Nuclear Power Plant, Units 1 and 2. The exemption allowed periodic updates of the UFSAR by July 31 of every odd-numbered year and not to exceed 24 months between successive updates.
LR-N25-0011 Attachment 6
V. CONCLUSION PSEG considers the requested schedule changes for routine submittals of the Salem and Hope Creek UFSARs 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.
VI. REFERENCES 1.
NRC letter to PSEG, Issuance of Exemption to 10 CFR 50.71(e)(4) for the Salem Nuclear Generating Station, Unit Nos. 1 and 2 (TAC Nos. MA4552 and MA4553),
dated April 7, 1999 (ADAMS Accession No. ML18106B163)
- 2. PSEG letter to NRC, Submittal of Salem Generating Station Updated Final Safety Analysis Report, Revision 34, Submittal of Salem Generating Station Technical Specification Bases Changes, Summary of Revised Regulatory Commitments for Salem, Summary of Changes to PSEG Nuclear LLC Quality Assurance Topical Report, NO-AA-10, Revision 90, and 10 CFR 54.37(b) Review Results for Salem, dated May 9, 2024 (ADAMS Accession Nos. ML24130A159, ML24130A165, and ML24130A166) 3.
PSEG letter to NRC, Submittal of Hope Creek Generating Station Updated Final Safety Analysis Report, Revision 27, Submittal of Hope Creek Generating Station Technical Specification Bases Changes, Summary of Revised Regulatory Commitments for Hope Creek, and 10 CFR 54.37(b) Review Results for Hope Creek, dated November 14, 2024 (ADAMS Accession Nos. ML24319A176 and ML24319A177) 4.
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 (ADAMS Accession No. ML21179A204) 5.
NRC letter to Vistra, Commanche Peak Nuclear Power Plant Unit Nos. 1 and 2 -
Exemption from the Requirements of 10 CFR 50.71(e)(4), Final Safety Analysis Report Update Schedule (EPID L-2023-LLE-0023), dated September 11, 2024 (ADAMS Accession No. ML24031A632) 6.
Federal Register, Volume 45, Number 92, Periodic Updating of Final Safety Analysis Reports, dated May 9, 1980 (45 FR 30614)