34410 Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices

NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: The text of readily assessed, will result in more COMMISSION the exemption is attached. efficient use of both and NRC financial and other resources. [Docket No. 50–461; NRC–2019–0107] Dated at Rockville, Maryland, this 15th day of July, 2019. II. Request/Action Exelon Generation Company LLC; For the Nuclear Regulatory Commission. Clinton Unit 1 Joel S. Wiebe, 10 CFR 54.17(a) requires that an Senior Project Manager, Licensing Projects application for a renewed license be in AGENCY: Nuclear Regulatory Branch III, Division of Operating Reactor accordance with Subpart A of 10 CFR, Commission. Licensing, Office of Nuclear Reactor Part 2, which includes 10 CFR 2.109(b). ACTION: Exemption; issuance. Regulation. In turn, 10 CFR 2.109(b) states, ‘‘If the SUMMARY: The U.S. Nuclear Regulatory ATTACHMENT—Exemption licensee of a licensed under 10 CFR 50.21(b) or 50.22 Commission (NRC) is issuing an NUCLEAR REGULATORY files a sufficient application for renewal exemption in response to a November 8, COMMISSION 2018, request from Exelon Generation of either an operating license or a Company, LLC (Exelon) to allow Exelon Docket No. 50–461 combined license at least 5 years before to submit a sufficient license renewal Exelon Generation Company, LLC the expiration of the existing license, the existing license will not be deemed application for Clinton Power Station, Clinton Power Station, Unit 1 Unit 1, at least 3 years prior to the to have expired until the application has expiration of the existing license and Exemption been finally determined.’’ In its letter still receive timely renewal protection. I. Background dated November 8, 2018, Exelon requested an exemption from 10 CFR DATES: The exemption was issued on Exelon Generation Company, LLC 54.17(a) to allow Exelon to submit its July 11, 2019. (Exelon, the licensee), holds Facility ADDRESSES: Please refer to Docket ID Operating License No. NPF–62, which license renewal application for CPS at NRC–2019–0107 when contacting the authorizes operation of the Clinton least 3 years prior to the expiration of NRC about the availability of Power Station, Unit 1 (CPS), a boiling- the existing license and still receive information regarding this document. water reactor facility, located in Dewitt timely renewal protection under You may obtain publicly-available County, . The license, among 2.109(b). 10 CFR 54.15 allows information related to this document other things, subjects the facility to all exemptions from the requirements of using any of the following methods: rules, regulations, and orders of the U.S. Part 54 in accordance with 10 CFR • Federal Rulemaking website: Go to Nuclear Regulatory Commission (NRC, 50.12. https://www.regulations.gov/ and search the Commission) now or hereafter in III. Discussion for Docket ID NRC–2019–0107. Address effect. The current operating license for questions about NRC docket IDs in CPS expires on April 17, 2027. Under 10 CFR 54.15, exemptions from Regulations.gov to Jennifer Borges; By letter dated November 8, 2018 the requirements of Part 54 are governed telephone: 301–287–9127; email: (Agencywide Documents Access and by 10 CFR 50.12. Pursuant to 10 CFR [email protected]. For technical Management System (ADAMS) 50.12, the Commission may, upon questions, contact the individual listed Accession No. ML18312A139), Exelon application by any interested person or FOR FURTHER INFORMATION in the requested an exemption to allow Exelon upon its own initiative, grant CONTACT section of this document. to submit a license renewal application exemptions from the requirements of 10 • NRC’s Agencywide Documents for CPS at least 3 years prior to the CFR part 50 when (1) the exemptions Access and Management System expiration of the existing license and, if are authorized by law, will not present (ADAMS): You may obtain publicly- found to be sufficient by the NRC, still an undue risk to public health or safety, available documents online in the receive timely renewal protection under and are consistent with the common ADAMS Public Documents collection at Title 10 of the Code of Federal defense and security; and (2) when https://www.nrc.gov/reading-rm/ Regulations (10 CFR), Part 2, Section special circumstances are present, as adams.html. To begin the search, select 2.109(b). 10 CFR 2.109(b) provides ‘‘Begin Web-based ADAMS Search.’’ For timely renewal protection to licensees defined in 10 CFR 50.12(a)(2). In its problems with ADAMS, please contact that submit sufficient license renewal application, Exelon stated that three the NRC’s Public Document Room (PDR) applications at least 5 years before the special circumstances apply to its reference staff at 1–800–397–4209, 301– expiration of the existing license. In its request: 10 CFR 50.12(a)(2)(ii), 415–4737, or by email to pdr.resource@ application, Exelon informed the NRC ‘‘[a]pplication of the regulation in the nrc.gov. The ADAMS accession number that the economic viability of continued particular circumstances would not for each document referenced (if it is operation of CPS beyond the current serve the underlying purpose of the rule available in ADAMS) is provided the expiration date of its NRC license is or is not necessary to achieve the first time that it is mentioned in this uncertain. According to Exelon, due to underlying purpose of the rule;’’ 10 CFR document. continuing and significant changes in 50.12(a)(2)(iii), ‘‘[c]ompliance would • NRC’s PDR: You may examine and the economic and legislative result in undue hardship or other costs purchase copies of public documents at environments that materially affect that are significantly in excess of those the NRC’s PDR, Room O1–F21, One continued CPS operation, Exelon will contemplated when the regulation was White Flint North, 11555 Rockville not be in a position to make a adopted, or that are significantly in Pike, Rockville, Maryland 20852. reasonable and sound business decision excess of those incurred by others FOR FURTHER INFORMATION CONTACT: Joel 5 years prior to the expiration of the similarly situated;’’ and 10 CFR S. Wiebe, Office of Nuclear Reactor CPS license as to whether to pursue 50.12(a)(2)(vi), other material Regulation, U.S. Nuclear Regulatory license renewal. Exelon contends that circumstances not considered when the Commission, Washington, DC 20555– allowing it to make that decision at a regulation was adopted are present, 0001; telephone: 301–415–6606, email: later date, when the economic viability such that granting the exemption is in [email protected]. of extended CPS operation can be more the public interest.

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A. The Exemption Is Authorized by Law scheduling change. The exemption does application. The NRC changed its This exemption would allow Exelon not change any site security matters. original estimate from 3 years to 5 years to submit a license renewal application Therefore, the NRC finds that the action to have consistent deadlines for when for CPS at least 3 years prior to the is consistent with the common defense licensees must submit their expiration of its existing license and, if and security. decommissioning plans and when they must submit their license renewal sufficient, still receive timely renewal D. Special Circumstances protection under 10 CFR 2.109(b). 10 application to receive timely renewal The purpose of 10 CFR 2.109(b), as it protection. The NRC’s current schedule CFR 2.109 implements Section 9(b) of is applied to nuclear power reactors the Administrative Procedure Act for review of license renewal licensed by the NRC, is to implement applications is to complete its review (APA), 5 U.S.C. 558(c), which states: the ‘‘timely renewal’’ provision of and make a decision on issuing the When the licensee has made timely and Section 9(b) of the APA, 5 U.S.C. 558(c), renewed license within 22 months of sufficient application for a renewal or a new which states: receipt without a hearing. If a hearing is license in accordance with agency rules, a held, the NRC’s model schedule license with reference to an activity of a When the licensee has made timely and continuing nature does not expire until the sufficient application for a renewal or a new anticipates completion of the NRC’s application has been finally determined by license in accordance with agency rules, a review, the hearing process, and the agency. license with reference to an activity of a issuance of a decision on issuing the continuing nature does not expire until the license within 30 months of receipt. The 5-year time period specified in 10 application has been finally determined by However, it is recognized that the CFR 2.109 is the result of a discretionary the agency. estimate of 30 months for completion of agency rulemaking and not required by The underlying purpose of this a contested hearing is subject to the APA. As stated above, 10 CFR 54.15 ‘‘timely renewal’’ provision in the APA variation in any given proceeding. A allows the NRC to grant exemptions is to protect a licensee who is engaged period of 3 years (36 months), from the requirements of 10 CFR part in an ongoing licensed activity and who nevertheless, is expected to provide 54. The NRC has determined that has complied with agency rules in sufficient time for performance of a full granting this exemption will not result applying for a renewed or new license and adequate safety and environmental in a violation of the Atomic Energy Act from facing license expiration as the review, and completion of the hearing of 1954, as amended, the APA, or the result of delays in the administrative process. Meeting this schedule is based NRC’s regulations. Therefore, the process. on a complete and sufficient application exemption is authorized by law. On December 13, 1991, the NRC being submitted and on the review B. The Exemption Presents no Undue published the final license renewal rule, being completed in accordance with the Risk to Public Health and Safety 10 CFR, Part 54, with associated NRC’s established license renewal changes to 10 CFR, Parts 2, 50, and 140, review schedule. The requested exemption to allow a 3- in the Federal Register (56 FR 64943). Based on the above, the NRC finds year time period, rather than the 5 years The statement of considerations (SOC) that the special circumstance of 10 CFR specified in 10 CFR 2.109(b), for Exelon discussed the basis for establishing the 50.12(a)(2)(ii) is present in the particular to submit a sufficient license renewal latest date for filing license renewal circumstances of CPS. application and receive timely renewal applications and the timely renewal It should be noted, among the key protection is a scheduling change. The doctrine (56 FR 64962). The SOC stated matters central to resolution of issues action does not change the manner in that: associated with renewal of the operating which the plant operates and maintains license and also to the application of the public health and safety because no Because the review of a renewal application will involve a review of many ‘‘timely renewal’’ doctrine is the additional changes are made as a result complex technical issues, the NRC estimates submission of a sufficient application. of the action. The NRC expects that a that the technical review would take Completing the license renewal review period of 3 years provides sufficient approximately 2 years. Any necessary process on schedule is, of course, time for the NRC to perform a full and hearing could likely add an additional year dependent on licensee cooperation in adequate safety and environmental or more. Therefore, in the proposed rule, the meeting established schedules for review, and for the completion of the Commission modified § 2.109 to require that submittal of any additional information hearing process. Pending final action on nuclear power plant operating license renewal applications be submitted at least 3 required by the NRC, and the resolution the license renewal application, the years prior to their expiration in order to take of all issues demonstrating that issuance NRC will continue to conduct all advantage of the timely renewal doctrine. of a renewed license is warranted. regulatory activities associated with No specific comment was received licensing, inspection, and oversight, and concerning the proposal to add a 3-year E. Environmental Considerations will take whatever action may be provision for the timely renewal provision The NRC’s approval of the exemption necessary to ensure adequate protection for license renewal. The current regulations to scheduling requirements belongs to a of the public health and safety. The require licensees to submit decommissioning category of actions that the NRC, by rule existence of this exemption does not plans and related financial assurance or regulation, has declared to be a information on or about 5 years prior to the affect NRC’s authority, applicable to all expiration of their operating licenses. The categorical exclusion, after first finding licenses, to modify, suspend, or revoke Commission has concluded that, for that the category of actions does not a license for cause, such as a serious consistency, the deadline for submittal of a individually or cumulatively have a safety concern. Based on the above, the license renewal application should be 5 years significant effect on the human NRC finds that the action does not cause prior to the expiration of the current environment. Specifically, the undue risk to public health and safety. operating license. The timely renewal exemption is categorically excluded provisions of § 2.109 now reflect the decision from further analysis under 10 CFR C. The Exemption Is Consistent With the that a 5-year time limit is more appropriate. 51.22(c)(25). Common Defense and Security Thus, the NRC originally estimated Under 10 CFR 51.22(c)(25), the The requested exemption to allow for that 3 years was needed to review a granting of an exemption from the a timely renewal protection deadline of renewal application and complete any requirements of any regulation of at least 3 years instead of 5 years is a hearing that might be held on the chapter 10 is a categorical exclusion

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provided that (i) there is no significant by law, will not present an undue risk 213.103(b) requires monthly hazards consideration; (ii) there is no to the public health and safety, and is publication, in the Notices section of the significant change in the types or consistent with the common defense Federal Register, of any Schedule A, B, significant increase in the amounts of and security. Also, special and C appointing authorities applicable any effluents that may be released circumstances are present. Therefore, to a single agency. Under 5 CFR offsite; (iii) there is no significant the NRC hereby grants Exelon 213.103(c) it is required that a increase in individual or cumulative Generation Company, LLC, a one-time consolidated listing of all Schedule A, public or occupational radiation exemption for CPS, from 10 CFR B, and C authorities, current as of June exposure; (iv) there is no significant 54.17(a) to allow the submittal of the 30 of each year, be published annually construction impact; (v) there is no CPS license renewal application at least in the Notices section of the Federal significant increase in the potential for 3 years remaining prior to expiration of Register at www.federalregister.gov/ or consequences from radiological the operating license while maintaining agencies/personnel-management-office. accidents; and (vi) the requirements the protection of the timely renewal That notice follows. Governmentwide from which an exemption is sought provision in 10 CFR 2.109(b). authorities codified in the CFR are not involve certain categories of Dated at Rockville, Maryland, this 11th day printed in this notice. requirements, including scheduling of July 2019. When making appointments under an requirements. For the Nuclear Regulatory Commission. agency-specific authority, agencies The Director, Division of Operating should first list the appropriate Reactor Licensing, Office of Nuclear /RA/ Schedule A, B, or C, followed by the Reactor Regulation, has determined that Gregory F. Suber, applicable number, for example: the granting of the exemption request Deputy Director, Division of Operating Schedule A, 213.3104(x)(x). Agencies involves no significant hazards Reactor Licensing, Office of Nuclear Reactor are reminded that all excepted consideration because allowing the Regulation. authorities are subject to the provisions submittal of the license renewal [FR Doc. 2019–15271 Filed 7–17–19; 8:45 am] of 5 CFR part 302 unless specifically application at least 3 years before the BILLING CODE 7590–01–P exempted by OPM at the time of expiration of the existing license while approval. maintaining the protection of the timely OPM maintains continuing renewal provision in 10 CFR 2.109(b) OFFICE OF PERSONNEL information on the status of all does not (1) involve a significant MANAGEMENT Schedule A, B, and C appointing increase in the probability or authorities. Interested parties needing consequences of an accident previously Excepted Service; Consolidated information about specific authorities evaluated; or (2) create the possibility of Listing of Schedules A, B, and C during the year may obtain information a new or different kind of accident from Exceptions by writing to the Senior Executive any accident previously evaluated; or Resource Services, Office of Personnel (3) involve a significant reduction in a AGENCY: Office of Personnel Management, 1900 E Street NW, Room margin of safety. The exemption Management. 7412, Washington, DC 20415, or by constitutes a change to the schedule by ACTION: Notice. calling (202) 606–2246. The following exceptions are current which Exelon must submit its license SUMMARY: This provides the as of June 30, 2018. renewal application and still receive consolidated notice of all agency timely renewal protection and, specific excepted authorities, approved Schedule A therefore, is unrelated to any by the Office of Personnel Management operational restriction. Accordingly, 03. Executive Office of the President (OPM), under Schedule A, B, and C, as (Sch. A, 213.3103) there is no significant change in the of June 30, 2018, as required by Civil types or significant increase in the Service Rule VI, Exceptions from the (a) Office of Administration— amounts of any effluents that may be Competitive Service. (1) Not to exceed 75 positions to released offsite, and no significant provide administrative services and FOR FURTHER INFORMATION CONTACT: Julia increase in individual or cumulative support to the White House Office. public or occupational radiation Alford, Senior Executive Resources (b) Office of Management and exposure. The exempted regulation is Services, Senior Executive Service and Budget— not associated with construction, so Performance Management, Employee (1) Not to exceed 20 positions at there is no significant construction Services, 202–606–2246. grades GS–5/15. impact. The exempted regulation does SUPPLEMENTARY INFORMATION: Civil (2) Not to Exceed 34 positions that not concern the source term (i.e., Service Rule VI (5 CFR 6.1) requires the require unique technical skills needed potential amount of radiation in an Office of Personnel Management (OPM) for the re-designing and re-building of accident) nor mitigation. Thus, there is to publish notice of exceptions granted digital interfaces between citizens, no significant increase in the potential under Schedule A, B, and C. Under 5 businesses, and government as a part of for, or consequences of, a radiological CFR 213.103(a) it is required that all Smarter Information Technology accident. Schedule A, B, and C appointing Delivery Initiative. This authority may Therefore, pursuant to 10 CFR authorities available for use by all be used to make permanent, time- 51.22(b) and (c)(25), no environmental agencies to be published as regulations limited and temporary appointments to impact statement or environmental in the Federal Register (FR) and the Digital Services Expert positions (GS– assessment need be prepared in Code of Federal Regulations (CFR). 301) directly related to the connection with the approval of this Excepted appointing authorities implementation of the Smarter exemption request. established solely for use by one Information Technology Delivery specific agency do not meet the Initiative at the GS–14 to 15 level. No IV. Conclusions standard of general applicability new appointments may be made under Accordingly, the NRC has determined prescribed by the Federal Register Act this authority after September 30, 2017. that, pursuant to 10 CFR 54.15 and 10 for regulations published in either the (c) Council on Environmental CFR 50.12, the exemption is authorized FR or the CFR. Therefore, 5 CFR Quality—

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