ML25321A688
| ML25321A688 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 11/21/2025 |
| From: | Samson Lee Division of Operating Reactor Licensing |
| To: | Reasoner C Wolf Creek |
| Lee S, 301-415-3168 | |
| References | |
| EPID L-2025-LLL-0012 | |
| Download: ML25321A688 (0) | |
Text
NUCLEAR REGULATORY COMMISSION Docket No. 50-482 Wolf Creek Nuclear Operating Corporation Wolf Creek Generating Station, Unit 1 Exemption I. Background.
Wolf Creek Nuclear Operating Corporation (the licensee) is the holder of Renewed Facility Operating License No. NPF-42, which authorizes operation of Wolf Creek Generating Station, Unit 1 (Wolf Creek). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of a pressurized-water reactor located in Coffey County, Kansas.
II. Request/Action.
By letter dated August 26, 2025 (Agencywide Documents Access and Management (ADAMS) Accession No. ML25245A104), and pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.83, Release of part of a power reactor facility or site for unrestricted use, the licensee requested approval for the release of non-impacted land to an already existing, privately owned cemetery located near the Wolf Creek site, further extending the cemetery away from the plant exclusion area.
Pursuant to 10 CFR 50.83(f), the NRC is required to conduct a public meeting in the vicinity of the licensees facility for the purpose of obtaining public comments on the proposed release of part of the facility or site. As further discussed below, the NRC may, upon its own initiative, grant an exemption from the requirement to conduct a public meeting in the vicinity of the licensees facility if the NRC demonstrates that the criteria in 10 CFR 50.12, Specific
2 exemptions, have been met. Granting an exemption from the requirement to hold a public meeting on the licensees request in the vicinity of the licensees facility would permit the NRC staff to conduct the public meeting virtually.
III. Discussion.
Pursuant to 10 CFR 50.12, Specific exemptions, the NRC may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, when: (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) special circumstances are present. Each of these criteria is discussed below.
A.
The Exemption is Authorized by Law In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR part 50 if the exemption is authorized by law. The exemption is authorized by law as no other prohibition of law exists that would preclude the NRC from conducting a virtual public meeting on the licensees request. The NRC staff has determined that granting the exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other Federal laws or NRC regulations. Therefore, the exemption is authorized by law.
B.
The Exemption Presents no Undue Risk to Public Health and Safety The exemption from 10 CFR 50.83(f) would allow the NRC staff to conduct a virtual public meeting and would not change the manner in which the plant operates. The format of the public meeting on the licensees request has no bearing on the risk to public health and safety from the licensees request itself. Therefore, granting an exemption would not present undue risk to public health and safety.
3 C.
The Exemption is Consistent with the Common Defense and Security The exemption from 10 CFR 50.83(f) would allow the NRC staff to conduct a virtual public meeting. The exemption does not implicate common defense and security issues.
Therefore, granting the exemption is consistent with the common defense and security.
D.
Special Circumstances The regulation under 10 CFR 50.12(a)(2) states, in part, that [t]he Commission will not consider granting an exemption unless special circumstances are present, and describes, in 10 CFR 50.12((a)(i)-(vi), the conditions under which special circumstances are present.
Relevant to this exemption, special circumstances are present under 10 CFR 50.12(a)(2)(ii) whenever 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.
In this instance, the underlying purpose of 10 CFR 50.83(f) is to provide for public participation in the NRC staffs consideration of requests for release of part of a facility or site for unrestricted use under 10 CFR 50.83.
In accordance with 10 CFR 50.83(f), the NRC scheduled an in-person public meeting for October 15, 2025, at the New Strawn Fire Station, located in the vicinity of Wolf Creek. The NRC published a notice in the Federal Register on September 26, 2025, announcing the public meeting and soliciting public comments (90 FR 46420). The NRC also published notices in two local newspapers: the Coffey County Republican and the Topeka Capital-Journal. In addition, the NRC published a public meeting notice on September 30, 2025 (ML25273A134), including meeting slides (ML25272A175).
The public comment period noticed in the Federal Register ended on October 15, 2025, and the NRC staff received no public comments. However, the NRC staff had to cancel the public meeting scheduled for October 15, 2025, because of circumstances beyond the NRCs control. Specifically, due to a lapse in appropriations on October 1, 2025, the NRC was required
4 to suspend all non-essential activities, including the public meeting on the licensees request;.
The NRC now proposes to reschedule the public meeting as a virtual-only meeting.
As explained above, the underlying purpose of 10 CFR 50.83(f) is to provide for public participation in the NRC staffs consideration of requests for release of part of a facility or site for unrestricted use under 10 CFR 50.83. In this instance, holding a public meeting on the licensees request in the vicinity of Wolf Creek is not necessary to achieve the underlying purpose of 10 CFR 50.83(f) because a virtual meeting would still provide the public with an adequate opportunity to comment on the licensees request. A virtual public meeting would also achieve the underlying purpose of the rule by providing for public participation in an efficient, cost-effective manner while mitigating potential delays resulting from the necessary cancellation of the previously scheduled public meeting due to circumstances beyond the NRCs control.
For the reasons stated above, the NRC staff concludes that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule, and that special circumstances are present under 10 CFR 50.12(a)(2)(ii).
E.
Environmental Considerations With respect to the exemptions impact on the quality of the human environment, pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25), the granting of an exemption from the requirements of any regulation in Chapter I of 10 CFR meets the eligibility criteria for categorical exclusion provided that: (1) there is no significant hazards consideration; (2) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (3) there is no significant increase in individual or cumulative public or occupational radiation exposure; (4) there is no significant construction impact; (5) there is no significant increase in the potential for or consequences from radiological accidents; and (6) the requirements from which an exemption is sought are among those identified in 10 CFR 51.22(c)(25)(vi), including requirements of an administrative, managerial, or organizational
5 nature. For the reasons stated below, the NRC staff determined that the exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25).
There is no significant hazards consideration.
The criteria for determining whether an action involves a significant hazards consideration are found in 10 CFR 50.92(c). This exemption involves the format in which the public meeting required under 10 CFR 50.83(f) would occur and would allow the meeting to be conducted virtually. The exemption does not adversely affect plant equipment, operation, or procedures. Therefore, there are no significant hazard considerations, because granting the exemption would not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (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.
There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
As explained above, the exemption is administrative in nature in that it would allow the NRC staff to conduct the public meeting required by 10 CFR 50.83(f) virtually. It does not involve any changes in the types or significant increase in the amounts of any effluents that may be released offsite.
There is no significant increase in individual or cumulative public or occupational radiation exposure.
As explained above, the exemption is administrative in nature in that it would allow the NRC staff to conduct the public meeting required by 10 CFR 50.83(f) virtually. Therefore, it does not contribute to any significant increase in individual or cumulative public or occupational radiation exposure.
6 There is no significant construction impact.
As explained above, the exemption is administrative in nature in that it would allow the NRC staff to conduct the public meeting required by 10 CFR 50.83(f) virtually. Therefore, it does not involve any significant construction impact.
There is no significant increase in the potential for or consequences from radiological accidents.
As explained above, the exemption is administrative in nature in that it would allow the NRC staff to conduct the public meeting required by 10 CFR 50.83(f) virtually. Therefore, it does not involve a significant increase in the potential for or consequences from radiological accidents.
The requirements from which the exemption is sought involve requirements of an administrative nature.
As explained above, the exemption would allow the NRC staff to conduct the public meeting required by 10 CFR 50.83(f) virtually, and therefore involves only requirements that are administrative in nature.
Based on the above, the NRC staff determined that the exemption discussed herein meets the eligibility criteria for 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 the NRCs issuance of this exemption.
IV. Conclusions.
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a)(1), 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. Also, special circumstances, as defined by 10 CFR 50.12(a)(2)(ii), are present. Pursuant to 10 CFR 51.22, the Commission has determined that the exemption meets the applicable categorical exclusion criteria set forth in
7 10 CFR 51.22(c)(25), and that the granting of this exemption will not have a significant effect on the quality of the human environment.
Therefore, the Commission hereby grants a one-time exemption from the requirement in 10 CFR 50.83(f) to conduct a public meeting on the licensees request in the vicinity of Wolf Creek, thereby permitting the public meeting to be conducted virtually.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 21st day of For the Nuclear Regulatory Commission.
Aida Rivera-Varona, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
AIDA RIVERA-VARONA Digitally signed by AIDA RIVERA-VARONA Date: 2025.11.21 08:58:19 -05'00'