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 Exelon 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 Power Station 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 nuclear power plant 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, Illinois. 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. VerDate Sep<11>2014 17:56 Jul 17, 2019 Jkt 247001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices 34411 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.