ML22055A557

Commission Memorandum and Order (CLI-22-04)

ML22055A557
Person / Time
Site:	Peach Bottom
Issue date:	02/24/2022
From:	Annette Vietti-Cook NRC/SECY
To:	NRC/OCM
SECY RAS
References
50-277-SLR, 50-278-SLR, ASLBP 19-960-01-SLR-BD01, CLI-22-04, RAS 56352
Download: ML22055A557 (7)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:

Christopher T. Hanson, Chairman Jeff Baran David A. Wright In the Matter of EXELON GENERATION COMPANY, LLC Docket Nos. --SLR

--SLR (Peach Bottom Atomic Power Station, Units and )

CLI--

MEMORANDUM AND ORDER In considering the pending motions of Beyond Nuclear, Inc. for leave to file a new contention and to reopen the record, we have the opportunity to reconsider the Commissions decision in CLI--, which applied the reasoning in CLI-- in the Turkey Point proceeding to this case.1 Today, we reversed CLI--, which held that C.F.R. § .(c)() applied to a subsequent license renewal applicants preparation of an environmental report,2 and now 1 See Beyond Nuclear, Inc.s Motion for Leave to File New Contention Based on Draft Supplement to Generic Environmental Impact Statement for Subsequent License Renewal of Peach Bottom Operating License (Sept. , ; corrected Sept. , ); Beyond Nuclear, Inc.s Motion to Reopen the Record For Purposes of Considering and Admitting a New Contention Based on Draft Supplement to Generic Environmental Impact Statement For Subsequent License Renewal of Peach Bottom Operating License and Request For Consideration of Some Elements of the Motion Out of Time (Sept. , ); CLI--, NRC

(); Florida Power & Light Co. (Turkey Point Nuclear Generating Units and ),

CLI--, NRC ().

2 See Florida Power & Light Co. (Turkey Point Nuclear Generating Units and ), CLI--,

NRC __ (Feb. , ) (slip op.).

reverse the portion of CLI-- related to Contention A, in which Beyond Nuclear claimed that the environmental report failed to address accident risks posed by aging reactor equipment during a second license renewal term.

BACKGROUND The Atomic Safety and Licensing Board (Board) terminated the proceeding for the subsequent license renewal application of Exelon Generation Company, LLC,3 for Peach Bottom Atomic Power Station, Units and .4 Beyond Nuclear appealed, seeking reversal of the Boards decision on Contention , which challenged the adequacy of Exelons environmental report.5 In CLI--, the Commission affirmed the Boards decision and, with respect to Contention A, relied, in large part, on the decision in CLI--.6 After the NRC staff (Staff) issued its draft supplement to the generic environmental impact statement for license renewal for Peach Bottom,7 Beyond Nuclear filed motions for leave to file a new contention and to reopen the record in the proceeding.

3 On February , , Exelon Generation Company, LLC completed a license transfer and corporate reorganization. Peach Bottoms parent company is now Constellation Energy Generation, LLC, and it is no longer affiliated with Exelon Corporation. See Exelon Generating Co., (Braidwood Station, Units and ), CLI--, NRC __, __ (Feb. , ) (slip op. at ).

4 LBP--, NRC , ().

5 CLI--, NRC at -. The Board evaluated Contention as three separate environmental challenges and designated them as Contentions A, B, and C. Id. at .

6 Id. at , . Commissioner Baran and Commissioner Hanson dissented with respect to Contention A, conclud[ing] that applying C.F.R. § .(c)() to subsequent license renewals is at odds with the regulation and the agencys obligations under [the National Environmental Policy Act (NEPA)]. Id. at .

7 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement

, Second Renewal, Regarding the Subsequent License Renewal for Peach Bottom Atomic Power Station Units and (Draft Report for Comment), NUREG-, Supplement (July

) (ADAMS accession no. MLD).

DISCUSSION In todays related decision in the Turkey Point proceeding, CLI--, we held that C.F.R. § .(c)() only applies to an initial license renewal applicants preparation of an environmental report and that the Generic Environmental Impact Statement for License Renewal of Nuclear Plants8 did not address subsequent license renewal. For the reasons explained in CLI--, we conclude that the Staff did not conduct an adequate NEPA analysis before issuing Exelon licenses for the subsequent license renewal period for Peach Bottom.9 As we have motions pending before us and the proceeding remains open,10 we can modify, suspend, or revoke Exelons licenses, as appropriate.11 While Exelons subsequently renewed licenses became immediately effective upon issuance,12 the environmental analysis associated with the previous licenses analyzed the impacts of operating until and for Units and , respectively. We conclude that it is appropriate for Exelon to maintain its current subsequently renewed licenses at this time, but with shortened terms to match the end dates of the previous licenses (i.e., August , , and July , , for Units and , respectively) until completion of the NEPA analysis. Accordingly, we direct the Staff to amend the licenses to this effect.

8 Generic Environmental Impact Statement for License Renewal of Nuclear Plants (Final Report), NUREG-, rev. , vols. - (June ) (MLA, MLA, MLA) ( GEIS).

9 Because the GEIS did not cover the period of subsequent license renewal, Exelon cannot solely rely on incorporation by reference of the GEIS to address Category issues.

10 The hearing record, however, closed after the Board resolved Contentions and . See Virginia Electric and Power Co. (North Anna Power Station, Unit ), CLI--, NRC ,

().

11 Amergen Energy Co., LLC (Oyster Creek Nuclear Generating Station), CLI--, NRC ,

() (A license renewal may be set aside (or appropriately conditioned) even after it has been issued, upon subsequent administrative or judicial review.).

12 See C.F.R. § .(c).

Consistent with this order, we will also separately direct the Staff to update the GEIS to cure the NEPA deficiency by addressing the subsequent license renewal period.13 Given the timeframe involved, we fully expect that the Staff will be able to evaluate the environmental impacts prior to Exelon entering the subsequent license renewal period.

CONCLUSION For the reasons described above, we reverse the portion of CLI-- related to Contention A. We leave the licenses in place and direct the Staff to modify the expiration dates for Units and to and , respectively. We further direct the parties to submit their views on the practical effects of () the subsequent renewed licenses continuing in place and () the previous licenses being reinstated by March , . The parties responses are due by March , . After considering briefing on the issue, we will issue a subsequent order to provide additional direction, if any, to the parties regarding the status of the licenses.

We address the pending motions in a separate order issued today on the dockets of all subsequent license renewal proceedings.14 IT IS SO ORDERED.

For the Commission Annette L. Digitally signed by Annette L. Vietti-Cook Vietti-Cook Date: 2022.02.24 10:44:49 -05'00' Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this th day of February .

13 We provide our direction for addressing the NEPA deficiency discussed in this order in Staff Requirements---SECY--"Rulemaking Plan for Renewing Nuclear Power Plant Operating Licenses - Environmental Review (RIN -AK; NRC--) (Feb. ,

) (MLA).

14 Duke Energy Carolinas, LLC (Oconee Nuclear Station, Units , , and ), CLI--, NRC

__ (Feb. , ) (slip op.).

Commissioner Wright, dissenting in part I disagree with my colleagues rationale and holding reversing our previous decision in CLI--. As discussed in my partial dissent to Turkey Point, I continue to agree with our previous interpretation in CLI--. Moreover, I view the majoritys decision to reverse direction now as arbitrary, inconsistent with the NRCs Principles of Good Regulation, and contrary to the agencys goals of clear communication and transparent decision-making. This reversal, based only on information and arguments previously considered and rejected, undermines the NRCs role as an effective and credible regulator. The majoritys decision makes it impossible for stakeholders to rely on our statements and positions. It also short-circuits the agencys well-established and predictable adjudicatory process.

But here, as in Turkey Point, while I strongly disagree with the majoritys approach procedurally and substantively, I join my colleagues on the limited issue of the status of the licenses and the path forward. Given the majoritys decision, I agree that an equitable and efficient solution is to leave in place the subsequently renewed licenses while the Staff works to update its environmental analysis to comply with the majoritys new holding.1 I expect that the Staff will work to update the GEIS as expeditiously as possible.

1 This approach imposes the least impact possible on stakeholders that understandably relied on our previous statements and CLI-- and appropriately places the burden of curing the purported NEPA deficiency on the agency. Leaving the licenses in place also avoids jeopardizing any safety or environmental improvements that the licensee may have put in place to comply with subsequently renewed licenses.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

EXELON GENERATION COMPANY, LLC ) Docket Nos. 50-277 and 50-278-SLR

)

(Peach Bottom Atomic Power Station )

Units 2 and 3)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION MEMORANDUM AND ORDER (CLI-22-04) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Tison Campbell, Esq.

Michael M. Gibson, Chair Kayla Gamin, Esq.

Administrative Judge Brian Harris, Esq.

David Roth, Esq.

Dr. Michael F. Kennedy Susan Vrahoretis, Esq.

Administrative Judge Brian Newell, Senior Paralegal Georgiann Hampton, Paralegal Dr. Sue H. Abreu E-mail: tison.campbell@nrc.gov Administrative Judge kayla.gamin@nrc.gov brian.harris@nrc.gov david.roth@nrc.gov susan.vrahoretis@nrc.gov E-mail: michael.gibson@nrc.gov brian.newell@nrc.gov michael.kennedy@nrc.gov georgiann.hampton@nrc.gov sue.abreu@nrc.gov Exelon Generation Company, LLC Donald Ferraro, Esq.

Assistant General Counsel 200 Exelon Way, Suite 305 Kennett Square, PA 19348 E-mail: donald.ferraro@exeloncorp.com

Peach Bottom, Units 2 & 3, Docket Nos. 50-277 & 50-278-SLR COMMISSION MEMORANDUM AND ORDER (CLI-22-04)

Counsel for Beyond Nuclear Counsel for Exelon Diane Curran, Esq. Pillsbury Winthrop Shaw Pittman LLP Harmon, Curran, Spielberg and Eisenberg David Lewis, Esq.

1725 DeSales Street NW, Suite 500 Anne Leidich, Esq.

Washington, DC 20036 1200 17th St. NW E-mail: dcurran@harmoncurran.com Washington, DC 20036-3006 E-mail: david.lewis@pillsburylaw.com anne.leidich@pillsburylaw.com Herald M. Digitally signed by Herald M.

Speiser Speiser Date: 2022.02.24 11:09:54 -05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland, this 24th day of February 2022.

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