ML23192A021

7-3-23 Petitioners Excerpts of Record Volume 1 (9th Cir.)(Case No.23-852)

ML23192A021
Person / Time
Site:	Diablo Canyon
Issue date:	07/03/2023
From:	Ayres R, Curran D, Leary C Environmental Working Group, Friends of the Earth, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace (SLOMFP)
To:	NRC/OGC, US Federal Judiciary, Court of Appeals, 9th Circuit
References
23-852, DktEntry: 20.2, NRC-2023-0043, 88FR14395
Download: ML23192A021 (1)

Text

Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 1 of 7 Case No.23-852 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS OBISPO MOTHERS FOR PEACE, FRIENDS OF THE EARTH, AND ENVIRONMENTAL WORKING GROUP Petitioners, v.

UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE UNITED STATES OF AMERICA, Respondents, and PACIFIC GAS & ELECTRIC COMPANY, Intervenor.

On Appeal from the Nuclear Regulatory Commissions Final Agency Decision PETITIONERS EXCERPTS OF RECORD VOLUME 1 of 3 June 30, 2023

Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 2 of 7 Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com Counsel to Petitioner San Luis Obispo Mothers for Peace Richard Ayres 2923 Foxhall Road, N.W.

Washington, D.C. 20016 202-744-6930 ayresr@ayreslawgroup.com Counsel to Petitioner Friends of the Earth Caroline Leary Environmental Working Group 1250 I St N.W.

Washington, DC 20005 202-667-6982 cleary@ewg.org Counsel to Petitioner Environmental Working Group

Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 3 of 7 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices 14395 applications for financial assistance 552b(c)(6), and 552b(c)(9)(B) of title 5 Regulations.gov to Stacy Schumann; under the National Foundation on the U.S.C., as amended, because it will telephone: 301-415-0624; email:

Arts and Humanities Act of 1965 and include review of personal and/or Stacy.Schumann@nrc.gov. For technical make recommendations thereon to the proprietary financial and commercial questions, contact the individual listed Chair; and to consider gifts offered to information given in confidence to the in the FOR FURTHER INFORMATION NEH and make recommendations agency by grant applicants, and CONTACT section of this document.

thereon to the Chair. discussion of certain information, the

• NRCs Agencywide Documents DATES: The meeting will be held on premature disclosure of which could Access and Management System Thursday, March 16, 2023, from 10:00 significantly frustrate implementation of (ADAMS): You may obtain publicly a.m. until 2:30 p.m., and Friday, March proposed agency action. I have made available documents online in the 17, 2023, from 11:00 a.m. until this determination pursuant to the ADAMS Public Documents collection at adjourned. authority granted me by the Chairs https://www.nrc.gov/reading-rm/

Delegation of Authority to Close adams.html. To begin the search, select ADDRESSES: The meeting will be held by Begin Web-based ADAMS Search. For Advisory Committee Meetings dated videoconference originating at April 15, 2016. problems with ADAMS, please contact Constitution Center, 400 7th Street SW, the NRCs Public Document Room (PDR)

Washington, DC 20506. Dated: March 2, 2023.

Jessica Graves, reference staff at 1-800-397-4209, 301-FOR FURTHER INFORMATION CONTACT: 415-4737, or by email to Elizabeth Voyatzis, Committee Legal Administrative Specialist, National Endowment for the Humanities.

PDR.Resource@nrc.gov. The ADAMS Management Officer, 400 7th Street SW, accession number for each document 4th Floor, Washington, DC 20506; (202) [FR Doc. 2023-04718 Filed 3-7-23; 8:45 am]

referenced (if it is available in ADAMS) 606-8322; evoyatzis@neh.gov. BILLING CODE 7536-01-P is provided the first time that it is SUPPLEMENTARY INFORMATION: The mentioned in this document.

National Council on the Humanities is

• NRCs PDR: You may examine and meeting pursuant to the National NUCLEAR REGULATORY purchase copies of public documents, Foundation on the Arts and Humanities COMMISSION by appointment, at the NRCs PDR, Act of 1965 (20 U.S.C. 951-960, as [Docket Nos. 50-275 and 50-323; NRC- Room P1 B35, One White Flint North, amended). 2023-0043] 11555 Rockville Pike, Rockville, The National Council will convene in Maryland 20852. To make an executive session by videoconference on Pacific Gas and Electric Company; appointment to visit the PDR, please March 16, 2023, from 10:00 a.m. until Diablo Canyon Power Plant, Units 1 send an email to PDR.Resource@nrc.gov 11:00 a.m. and 2 or call 1-800-397-4209 or 301-415-The following Committees of the AGENCY: Nuclear Regulatory 4737, between 8 a.m. and 4 p.m. eastern National Council on the Humanities Commission. time (ET), Monday through Friday, will convene by videoconference on except Federal holidays.

ACTION: Exemption; issuance.

March 16, 2023, from 11:00 a.m. until FOR FURTHER INFORMATION CONTACT:

2:30 p.m., to discuss specific grant

SUMMARY

The U.S. Nuclear Regulatory Brian K. Harris, Office of Nuclear applications and programs before the Commission (NRC) has issued an Reactor Regulation, U.S. Nuclear Council: exemption in response to an October 31, Regulatory Commission, Washington, Challenge Programs; 2022, request from Pacific Gas and DC 20555-0001, telephone: 301-415-Education Programs; Electric Company regarding the 2277, email: Brian.Harris2@nrc.gov.

Federal/State Partnership; submittal of a license renewal SUPPLEMENTARY INFORMATION: The text of Preservation and Access; application for Diablo Canyon Power the exemption is attached.

Public Programs; and Plant, Units 1 and 2. Pursuant to this Dated: March 3, 2023.

Research Programs. exemption, if the licensee submits a The plenary session of the National For the Nuclear Regulatory Commission.

license renewal application less than 5 Council on the Humanities will convene years prior to expiration of the existing Lauren K. Gibson, by videoconference on March 17, 2023, operating licenses but no later than Chief, License Renewal Projects Branch, at 11:00 a.m. The agenda for the plenary December 31, 2023, and if the NRC staff Division of New and Renewed Licenses, Office session will be as follows: of Nuclear Reactor Regulation.

finds it acceptable for docketing, the A. Minutes of Previous Meeting existing operating licenses will be in Nuclear Regulatory Commission B. Reports timely renewal under NRC regulations Docket Nos. 50-275 and 50-323; Pacific

1. Chairs Remarks until the NRC has made a final Gas and Electric Company; Diablo

2. Update from NEHs Equity Task determination on whether to approve Canyon Power Plant, Units 1 and 2; Force the license renewal application. Exemption

3. Actions on Requests for Chairs DATES: The exemption was issued on Grants and Supplemental Funding March 2, 2023. I. Background

4. Actions on Previously Considered ADDRESSES: Please refer to Docket ID Pacific Gas and Electric Company (the Applications NRC-2023-0043 when contacting the licensee, PG&E) is the holder of Facility C. Challenge Programs NRC about the availability of Operating License Nos. DPR-80 and D. Education Programs information regarding this document. DPR-82, which authorize operation of E. Federal/State Partnership Diablo Canyon Power Plant (DCPP),

lotter on DSK11XQN23PROD with NOTICES1 You may obtain publicly available F. Preservation and Access information related to this document Units 1 and 2, respectively. These units G. Public Programs using any of the following methods: are pressurized water reactors located in H. Research Programs

• Federal Rulemaking Website: Go to San Luis Obispo, California. The This meeting of the National Council https://www.regulations.gov and search operating licenses provide, among other on the Humanities will be closed to the for Docket ID NRC-2023-0043. Address things, that the facility is subject to all public pursuant to sections 552b(c)(4), questions about Docket IDs in rules, regulations, and orders of the U.S.

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Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 4 of 7 14396 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices Nuclear Regulatory Commission (NRC, dated October 31, 2022, PG&E requested In its October 31, 2022, letter, the the Commission) now or hereafter in that the NRC resume its review of the licensee stated that two special effect. The current operating licenses for previously submitted and subsequently circumstances apply to its exemption DCPP Units 1 and 2, expire on withdrawn DCPP Units 1 and 2 license request. The special circumstances that November 2, 2024, and August 26, 2025, renewal application; PG&E also the licensee identified are:

respectively. requested that the NRC confirm that (1) Compliance would result in undue In November 2009, PG&E submitted a PG&E was (and is again) in timely hardship or other costs that are license renewal application for DCPP, renewal under 10 CFR 2.109(b) significantly in excess of those Units 1 and 2 (ADAMS Accession No. (ML22304A691). In support of its contemplated when the regulation was ML093340086). The NRC conducted a request, PG&E stated that its previous adopted, or that are significantly in docketing acceptance review of the decision to withdraw the license excess of those incurred by others application, accepted it for docketing, renewal application was based on the similarly situated.

and began the necessary safety and determination that continued baseload (2) There is present any other material environmental reviews (75 FR 3493; operation of the two DCPP units beyond circumstance not considered when the January 21, 2010). This license renewal their licensed operating periods was not regulation was adopted for which it application had timely renewal necessary to meet Californias projected would be in the public interest to grant protection under 10 CFR 2.109(b) energy demand requirements and the an exemption.

because it was submitted more than 5 potential costs to bundled customers in III. Discussion years before the expiration dates of the light of changes in electricity supply in operating licenses for the units. In April the State. In the alternative, PG&E Under 10 CFR 54.17(a), an application 2011, PG&E requested that the NRC requested an exemption from 10 CFR for a renewed license must be filed in delay its decision on the DCPP Units 1 2.109(b) and timely renewal protection accordance with subpart A of 10 CFR and 2 license renewal application that would allow PG&E to submit a part 2, which includes 10 CFR 2.109(b),

(ML111010592). On June 2, 2011, the license renewal application for DCPP Effect of timely renewal application.

NRC staff published a safety evaluation Units 1 and 2 by December 31, 2023. Section 2.109(b) states that [i]f the documenting its safety review of the licensee of a nuclear power plant application to that point The NRC staff responded to this licensed under 10 CFR 50.21(b) or 50.22 (ML11153A103). In 2016, PG&E request on January 24, 2023 files a sufficient application for renewal requested that the NRC suspend its (ML22343A179). In its response, the of either an operating license or a review of the DCPP Units 1 and 2 NRC staff explained it would not combined license at least 5 years before license renewal application resume the review of PG&Es withdrawn the expiration of the existing license, (ML16173A454). By letter dated March application and stated that its response the existing license will not be deemed 7, 2018 (ML18066A937), PG&E to PG&Es exemption request would be to have expired until the application has requested to withdraw the license provided separately. As described more been finally determined.

renewal application based on projected fully below, the staff has completed its As provided in 10 CFR 54.15, energy demands and other economic evaluation of PG&Es exemption request exemptions from the requirements of factors in the State of California. The and has determined that pursuant to 10 Part 54 are governed by 10 CFR 50.12.

California Public Utilities Commission CFR 54.15 and 10 CFR 50.12, the Pursuant to 10 CFR 50.12, the approved PG&Es resource planning requested exemption is authorized by Commission may, upon application by decision to terminate the license law, will not present an undue risk to any interested person or upon its own renewal application review in Decision the public health and safety, and is initiative, grant exemptions from the 18-01-022, dated January 11, 2018.1 On consistent with the common defense requirements of 10 CFR part 50 when (1)

April 16, 2018 (ML18093A115), the and security. The staff has also the exemptions are authorized by law, NRC granted the withdrawal (83 FR determined that special circumstances, will not present an undue risk to public 17688; April 23, 2018), terminated its as defined in 10 CFR 50.12(a)(2), are health or safety, and are consistent with review, and closed the docket. PG&E present. the common defense and security; and states that subsequent to the withdrawal II. Request/Action (2) special circumstances are present, as of its license renewal application in defined in 10 CFR 50.12(a)(2).

2018, it has been working on As an alternative to its request that A. The Exemption Is Authorized by Law decommissioning planning efforts to the NRC staff resume its review of the support the transition to active withdrawn DCPP Units 1 and 2 license This exemption would allow the decommissioning upon shutdown of renewal application, PG&E requested an licensee to update its previous license DCPP Units 1 and 2 at the expiration of exemption from 10 CFR 2.109(b), which renewal application and submit a the operating licenses. provides that if a nuclear power plant sufficient license renewal application (ML22304A691). licensee files a sufficient license for DCPP Units 1 and 2, by December On September 2, 2022, the State of renewal application at least 5 years 31, 2023, and, if it does so, receive California enacted Senate Bill No. 846, before the expiration of the existing timely renewal protection under 10 CFR which invalidated and reversed the license, the existing license will not be 2.109(b). This means that if the licensee 2018 California Public Utilities deemed to have expired until the submits an updated license renewal Commission decision to approve application has been finally application by December 31, 2023, and termination of PG&Es license renewal determined. Specifically, PG&E the staff finds it acceptable for application and retirement of DCPP requested timely renewal protection docketing, the existing licenses for Units 1 and 2.2 As a result, by letter DCPP Units 1 and 2 will not be deemed lotter on DSK11XQN23PROD with NOTICES1 under 10 CFR 2.109(b) if it submits a license renewal application for DCPP to have expired until the NRC has made 1 Decision Approving Retirement of Diablo Units 1 and 2 by December 31, 2023. a final determination on whether to Canyon Nuclear Power Plant, Application 16 approve the license renewal application.

006, https://docs.cpuc.ca.gov/PublishedDocs/

Published/G000/M205/K423/205423920.PDF. https://leginfo.legislature.ca.gov/faces/

The staff has determined that even 2 California Senate Bill No. 846, Diablo Canyon billTextClient.xhtml?bill_id=202120220SB846 though less than 5 years remain in the powerplant: extension of operations (Sept. 2, 2022) (SB846). terms of each of the licenses for DCPP VerDate Sep<11>2014 16:48 Mar 07, 2023 Jkt 259001 PO 00000 Frm 00072 ER-004 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1

Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 5 of 7 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices 14397 Units 1 and 2, granting this limited, one- Commission stated that the technical of the public health and safety. The time exemption is authorized by law. review of the application would take existence of this exemption does not The 5-year time period specified in 10 approximately 2 years due to the review affect NRCs authority, applicable to all CFR 2.109(b) is not required by the of many complex technical issues and licenses, to modify, suspend, or revoke Atomic Energy Act of 1954, as amended, that any necessary hearing could likely a license for cause, such as a serious or the Administrative Procedure Act. It add an additional year or more (56 FR safety concern.

is the result of a discretionary agency 64943; December 13, 1991). Ultimately, If the licensee submits a license rulemaking under Sections 161 and 181 the Commission concluded in the final renewal application by December 31, of the Atomic Energy Act of 1954, as rule that timely renewal protection 2023, there would be approximately 11 amended (56 FR 64943; December 13, would be provided for license renewal months prior to the expiration of the 1991) that was designed to provide the applications filed 5 years before the current license for Unit 1, and NRC with a reasonable amount of time operating license expired to promote approximately 20 months prior to the to review a license renewal application consistency with the requirement that expiration of the current license for Unit and decide whether to approve it. licensees submit decommissioning 2, for the staff to conduct a docketing Section 103c. of the Atomic Energy Act plans and related financial assurance acceptance review and, if the of 1954, as amended, permits the information on or about 5 years prior to application is accepted for docketing, Commission to issue operating licenses, the expiration of their current operating provide a hearing opportunity and including renewed licenses. Section licenses. Thus, in promulgating 10 CFR conduct the required safety and 2.109 implements Section 9(b) of the 2.109(b), the Commission considered environmental reviews. Although 11 Administrative Procedure Act, 5 U.S.C. that the time period needed to reach a months is less than the 18-month 558(c), which states, in part: final determination may be less than 5 generic milestone schedule for the years in some cases, but the rule also staffs review of a license renewal When the licensee has made timely and provides timely renewal protection for application,3 it is sufficient time for the sufficient application for a renewal or a new license in accordance with agency rules, a timely-filed applications to account for NRC staff to determine if any immediate license with reference to an activity of a situations where the resolution of actions need to be taken prior to the continuing nature does not expire until the complex technical issues may take more licensee entering the period of timely application has been finally determined by time. renewal. Additionally, unlike a the agency. The exemption constitutes a change to situation where an application for the schedule by which the licensee must license renewal is being filed for the The time period in 10 CFR 2.109(b) is submit its application for license first time, here, the licensee previously designed to provide a reasonable renewal and is administrative in nature; submitted an application that the NRC amount of time for the NRC to review it does not involve any change to the staff docketed and reviewed, issuing a a license renewal application and reach current operating license. Under 10 CFR safety evaluation in June 2011 a decision on whether to approve it. 54.17(a), an application for a renewed documenting its findings to that point.

Prior to 1992, the rules provided that license must be filed in accordance with If PG&E submits an updated, sufficient licensees would have received timely subpart A of 10 CFR part 2, which license renewal application by renewal protection when they submitted includes 10 CFR 2.109(b). However, the December 31, 2023, the NRC staff will their license renewal applications 30 NRC may grant exemptions from the be able to leverage insights from its days before the expiration of the current requirements of 10 CFR part 54 partial review of the previously license. (56 FR 64943; December 13, pursuant to 10 CFR 54.15. For the submitted and subsequently withdrawn 1991). In 1990, the NRC proposed reasons stated above, the NRC has DCPP Units 1 and 2 application to modifying 10 CFR 2.109 to provide that determined that granting this one-time conduct a focused, efficient review of applications must be submitted 3 years exemption will not result in a violation the application. Based on the discussion before expiration of the current license of the Atomic Energy Act of 1954, as in this section, the NRC finds that the to be afforded timely renewal amended, the Administrative Procedure action does not cause undue risk to protection. (55 FR 29043; July 17, 1990). Act, or the NRCs regulations. Therefore, public health and safety.

There is nothing in the preamble the exemption is authorized by law.

supporting the proposed rule or final C. The Exemption Is Consistent With the rule revising 10 CFR 2.109(b) that B. The Exemption Presents No Undue Common Defense and Security suggests that applying the timely Risk to Public Health and Safety The requested exemption does not renewal doctrine to license renewal The requested exemption does not alter the design, function, or operation applications submitted 30 days before change the manner in which the plants of any structures or plant equipment the expiration of the license was not operate and maintains public health and that is necessary to maintain safe and authorized by law. Instead, it appears safety because the exemption from 10 secure status of any site security the Commission proposed to revise 10 CFR 2.109 does not result in a change matters. Therefore, the NRC finds that CFR 2.109(b) from 30 days to 3 years to the facility or the current operating the action is consistent with the before the expiration of the license so license, but allows DCPP Units 1 and 2 common defense and security.

that the final determination on a license to continue operating under its existing D. Special Circumstances renewal application would typically be licenses in the event the NRC has not made before the current operating reached a final determination of the The Commission will not consider license expired. In the proposed rule, license renewal application prior the granting a specific exemption from the the Commission explained that it did expiration of the current operating requirements in 10 CFR part 50 unless not believe 30 days would provide a licenses. Pending final action on the special circumstances are present. 10 lotter on DSK11XQN23PROD with NOTICES1 reasonable time to review an application license renewal application, the NRC CFR 50.12(a)(2). Special circumstances for a renewed operating license and will continue to conduct all regulatory are present whenever . . . there is estimated that the technical review of a activities associated with licensing, 3 Generic Milestone Schedules of Requested license renewal application would take inspection, and oversight, and will Activities of the Commission, https://www.nrc.gov/

approximately 2 years. (55 FR 29043; continue to take whatever action may be about-nrc/generic-schedules.html (last updated July 17, 1990). In the final rule, the necessary to ensure adequate protection Sept. 10, 2021).

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Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 6 of 7 14398 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices present any other material circumstance NRC finds that the factors PG&E have Requirements in 10 CFR 51.22(c)(25)(ii) not considered when the regulation was provided in support of its request are and (iii) adopted for which it would be in the compelling and demonstrate that the The exemption constitutes a change to public interest to grant an exemption. 4 special circumstances required by 10 the schedule by which the licensee must 10 CFR 50.12(a)(2)(vi). The NRC finds CFR 50.12(a)(2)(vi) are present and that submit its application for license that PG&E has provided several factors it would be in the public interest to renewal and still place the licenses in in support of its exemption request that grant this exemption. timely renewal, which is administrative demonstrate that special circumstances in nature, and does not involve any E. Environmental Considerations not considered when the Commission change in the types or significant promulgated 10 CFR 50.12(a)(2)(vi) are The NRC has determined that the increase in the amounts of effluents that present and that it would be in the issuance of the requested exemption may be released offsite and does not public interest to grant this limited, one- meets the provisions of the categorical contribute to any significant increase in time exemption. exclusion in 10 CFR 51.22(c)(25). Under occupational or public radiation PG&E submitted an application for 10 CFR 51.22(c)(25), the granting of an exposure.

license renewal for DCPP Units 1 and 2 exemption from the requirements of any Accordingly, there is no significant in 2009. PG&E subsequently requested regulation of chapter 10 qualifies as a change in the types or significant to withdraw this application in 2018 categorical exclusion if (i) there is no increase in the amounts of any effluents based on the determination by the State significant hazards consideration; (ii) that may be released offsite, and no of California and the California Public there is no significant change in the significant increase in individual or Utilities Commission that continued types or significant increase in the cumulative public or occupational baseload operation of the two DCPP amounts of any effluents that may be radiation exposure. Therefore, the units beyond their currently approved released offsite; (iii) there is no requirements of 10 CFR 51.22(c)(25)(ii) operating periods would not be significant increase in individual or and (iii) are met.

necessary to meet Californias projected cumulative public or occupational radiation exposure; (iv) there is no Requirements in 10 CFR 51.22(c)(25)(iv) energy demand requirements (ML18066A937). Since that time, significant construction impact; (v) The exempted regulation is not however, Californias projected energy there is no significant increase in the associated with construction, and the demands have changed. To respond to potential for or consequences from exemption does not propose any those changes, the State of California radiological accidents; and (vi) the changes to the site, alter the site, or enacted Senate Bill No. 846 (SB 846), requirements from which an exemption change the operation of the site.

which invalidated and reversed the is sought involves one of several Therefore, the requirements of 10 CFR 2018 California Public Utilities matters, including scheduling 51.22(c)(25)(iv) are met because there is Commission decision to approve requirements (§ 51.22(c)(25)(iv)(G)). The no significant construction impact.

termination of PG&Es license renewal basis for NRCs determination is Requirements in 10 CFR 51.22(c)(25)(v) application and retirement of Diablo provided in the following evaluation of Canyon Power Plant, Units 1 and 2. SB the requirements in 10 CFR The exemption constitutes a change to 846 was signed by the Governor of 51.22(c)(25)(i)-(vi). the schedule by which the licensee must submit its license renewal application California on September 2, 2022. In its Requirements in 10 CFR 51.22(c)(25)(i) and still place the licenses in timely October 31, 2022, letter, PG&E stated To qualify for a categorical exclusion renewal, which is administrative in that it submitted its request to reinstate under 10 CFR 51.22(c)(25)(i), the nature, and does not impact the its previously withdrawn license exemption must involve a no significant probability or consequences of renewal application or obtain an hazards consideration. The criteria for accidents. Thus, there is no significant exemption from the 5-year time period making a no significant hazards increase in the potential for, or specified in 10 CFR 2.109(b) so that it consideration determination are found consequences of, a radiological could file an updated application, in 10 CFR 50.92(c). The NRC has accident. Therefore, the requirements of pursuant to the direction in determined that the granting of the 10 CFR 51.22(c)(25)(v) are met.

[California] Senate Bill No. (SB) 846.

The recent efforts by the State of exemption request involves no Requirements in 10 CFR 51.22(c)(25)(vi)

California to keep DCPP Units 1 and 2 significant hazards consideration To qualify for a categorical exclusion operating based, in part, on climate because allowing the submittal of the under 10 CFR 51.22(c)(25)(vi)(G), the change impacts and serious electricity license renewal application less than 5 exemption must involve scheduling reliability challenges, constitute years before the expiration of the requirements. The exemption involves material circumstances that were not existing license and deeming the license scheduling requirements because it specifically considered when the NRC in timely renewal under 10 CFR would allow the licensee to submit an revised 10 CFR 2.109(b) in 1991.5 The 2.109(b) does not (1) involve a application for license renewal for DCPP significant increase in the probability or Units 1 and 2, less than 5 years prior to 4 Consistent with 50.12(a)(2)(vi), the Executive consequences of an accident previously the expiration of the existing licenses, Director for Operations consulted with the evaluated; or (2) create the possibility of Commission. rather than the 5 years specified in 10 a new or different kind of accident from 5 See SB 846 § 9 (stating the purpose of the CFR 2.109(b), and still place the licenses any accident previously evaluated; or extension of the Diablo Canyon powerplant in timely renewal under 10 CFR operations is to protect the state against significant (3) involve a significant reduction in a 2.109(b). Therefore, the requirements of uncertainty in future demand resulting from the margin of safety. Therefore, the 10 CFR 51.22(c)(25)(vi) are met.

lotter on DSK11XQN23PROD with NOTICES1 states greenhouse-gas-reduction efforts involving requirements of 10 CFR 51.22(c)(25)(i) electrification of transportation and building energy Based on the above, the NRC end uses and regional climate-related weather are met. concludes that the proposed exemption phenomenon, and to address the risk that currently meets the eligibility criteria for a ordered procurement will be insufficient to meet www.gov.ca.gov/wp-content/uploads/2022/09/SB-this supply or that there may be delays in bringing 846-Signing-Message.pdf?emrc=9e526b (stating categorical exclusion set forth in 10 CFR the ordered resources online on schedule.); Senate [c]limate change is causing unprecedented stress 51.22(c)(25). Therefore, pursuant to 10 Bill 846 Signing Message (Sept. 2, 2022) https:// on Californias energy system). CFR 51.22(b), no environmental impact VerDate Sep<11>2014 16:48 Mar 07, 2023 Jkt 259001 PO 00000 Frm 00074 ER-006 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1

Case: 23-852, 07/03/2023, DktEntry: 20.2, Page 7 of 7 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices 14399 statement or environmental assessment

SUMMARY

The U.S. Nuclear Regulatory

• NRCs Agencywide Documents need be prepared in connection with the Commission (NRC) invites public Access and Management System granting of this exemption request. comment on the renewal of Office of (ADAMS): You may obtain publicly Management and Budget (OMB) available documents online in the IV. Conclusion approval for an existing collection of ADAMS Public Documents collection at Accordingly, the NRC has determined information. The information collection https://www.nrc.gov/reading-rm/

that, pursuant to 10 CFR 54.15 and 10 is entitled, Requests to Federally adams.html. To begin the search, select CFR 50.12, the requested exemption is Recognized Indian Tribes for Begin Web-based ADAMS Search. For authorized by law, will not present an Information. problems with ADAMS, please contact undue risk to the public health and the NRCs Public Document Room (PDR)

DATES: Submit comments by May 8, safety, and is consistent with the reference staff at 1-800-397-4209, 301-common defense and security. Also, 2023. Comments received after this date 415-4737, or by email to special circumstances, as defined in 10 will be considered if it is practical to do PDR.Resource@nrc.gov. The supporting CFR 50.12(a)(2), are present. Therefore, so, but the Commission is able to ensure statement is available in ADAMS under the NRC hereby grants the licensee a consideration only for comments Accession No. ML22320A075.

one-time exemption for Diablo Canyon received on or before this date.

• NRCs PDR: You may examine and Power Plant, Units 1 and 2, from 10 CFR ADDRESSES: You may submit comments purchase copies of public documents, 2.109(b) to allow PG&E to submit a by any of the following methods; by appointment, at the NRCs PDR, license renewal application for the however, the NRC encourages electronic Room P1 B35, One White Flint North, Diablo Canyon Power Plant, Units 1 and comment submission through the 11555 Rockville Pike, Rockville, 2, less than 5 years prior to expiration Federal rulemaking website: Maryland 20852. To make an of the operating licenses, but no later

• Federal rulemaking website: Go to appointment to visit the PDR, please than December 31, 2023. https://www.regulations.gov and search send an email to PDR.Resource@nrc.gov The decision to issue PG&E an for Docket ID NRC-2022-0170. Address or call 1-800-397-4209 or 301-415-exemption from 10 CFR 2.109(b) does questions about Docket IDs in 4737, between 8 a.m. and 4 p.m. eastern not constitute approval of the license Regulations.gov to Stacy Schumann; time (ET), Monday through Friday, renewal application PG&E intends to telephone: 301-415-0624; email: except Federal holidays.

submit by December 31, 2023. Rather, Stacy.Schumann@nrc.gov. For technical

• NRCs Clearance Officer: A copy of this exemption provides that if PG&E questions, contact the individual listed the collection of information and related submits an application by December 31, in the FOR FURTHER INFORMATION instructions may be obtained without 2023, and the application is sufficient CONTACT section of this document. charge by contacting the NRCs for docketing, the licensee will receive

• Mail comments to: David C. Clearance Officer, David C. Cullison, timely renewal protection under 10 CFR Cullison, Office of the Chief Information Office of the Chief Information Officer, 2.109(b) while the NRC evaluates that Officer, Mail Stop: T-6 A10M, U.S. U.S. Nuclear Regulatory Commission, application. Should the application be Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:

docketed, the NRC will provide an Washington, DC 20555-0001. 301-415-2084; email:

opportunity for the public to seek a For additional direction on obtaining Infocollects.Resource@nrc.gov.

hearing and review the application information and submitting comments, using its normal license renewal review see Obtaining Information and B. Submitting Comments processes and standards to determine Submitting Comments in the The NRC encourages electronic whether the application meets all SUPPLEMENTARY INFORMATION section of comment submission through the applicable regulatory requirements. this document. Federal rulemaking website (https://

This exemption is effective upon FOR FURTHER INFORMATION CONTACT: www.regulations.gov). Please include issuance. David C. Cullison, Office of the Chief Docket ID NRC-2022-0170, in your Dated at Rockville, Maryland, this 2nd day Information Officer, U.S. Nuclear comment submission.

of March 2023. Regulatory Commission, Washington, The NRC cautions you not to include For the Nuclear Regulatory Commission. DC 20555-0001; telephone: 301-415- identifying or contact information in Brian W. Smith, 2084; email: Infocollects.Resource@ comment submissions that you do not Director, Division of New and Renewed nrc.gov. want to be publicly disclosed in your Licenses, Office of Nuclear Reactor comment submission. All comment SUPPLEMENTARY INFORMATION:

Regulation. submissions are posted at https://

[FR Doc. 2023-04750 Filed 3-7-23; 8:45 am] I. Obtaining Information and www.regulations.gov and entered into BILLING CODE 7590-01-P Submitting Comments ADAMS. Comment submissions are not routinely edited to remove identifying A. Obtaining Information or contact information.

NUCLEAR REGULATORY Please refer to Docket ID NRC-2022- If you are requesting or aggregating COMMISSION 0170 when contacting the NRC about comments from other persons for the availability of information for this submission to the NRC, then you should

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lotter on DSK11XQN23PROD with NOTICES1 Information https://www.regulations.gov and search Your request should state that comment AGENCY: Nuclear Regulatory for Docket ID NRC-2022-0170. A copy submissions are not routinely edited to Commission. of the collection of information and remove such information before making related instructions may be obtained the comment submissions available to ACTION: Renewal of existing information without charge by accessing Docket ID the public or entering the comment into collection; request for comment.

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