2022-25750. In the Matter of Zion Solutions, LLC and Exelon Generation Company, LLC Zion Nuclear Power Station, Units 1 and 2

AGENCY:

Nuclear Regulatory Commission.

ACTION:

Direct transfer of license; extending effectiveness of order.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is issuing an order to extend until November 26, 2023, the effectiveness of a November 26, 2019, order, which approved the direct transfer of Facility Operating License Nos. DPR-39 and DPR-48 for Zion Nuclear Power Station (ZNPS), Units 1 and 2, respectively, and the general license for the ZNPS independent spent fuel storage installation from the current holder, Zion Solutions, LLC, to Exelon Generation Company, LLC and amended the facility operating licenses for administrative purposes to reflect the transfer.

DATES:

The order was issued on November 17, 2022, and was effective upon issuance.

ADDRESSES:

Please refer to Docket ID NRC-2019-0236 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:

• Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0236. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: [phone]; email: [e-mail]. For technical questions, contact the individual listed in the For Further Information Contact section of this document.

• NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/​reading-rm/​adams.html. To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [e-mail]. The request for extending the effectiveness of the transfer order is available in ADAMS under Accession No. ML22294A162. The order extending the effectiveness of the approval of the transfer of licenses and conforming amendments is available in ADAMS under Accession No. ML22308A177.

• NRC's PDR: You may examine and purchase copies of public documents, by appointment, at the NRC's PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to [e-mail] or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Kim Conway, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: [phone]; email: [e-mail].

SUPPLEMENTARY INFORMATION:

The text of the order is attached.

Dated: November 21, 2022.

For the Nuclear Regulatory Commission.

Shaun M. Anderson,

Chief, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards.

Attachment—Order Extending the Effectiveness of the Approval of the Transfer of Licenses and Conforming Amendments

United States of America

Nuclear Regulatory Commission

[NRC-2019-0236]

In the Matter of Zion Solutions, LLC and Exelon Generation Company, LLC Zion Nuclear Power Station, Units 1 and 2; EA-19-125 Docket Nos. 50-295, 50-304, and 72-1037; License Nos.: DPR-39 and DPR-48

Order Extending the Effectiveness of the Approval of the Transfer of Licenses and Conforming Amendments

I

Zion Solutions, LLC is the holder of U.S. Nuclear Regulatory Commission (NRC, the Commission) Facility Operating License Nos. DPR-39 and DPR-48 for the Zion Nuclear Power Station, Units 1 and 2, respectively (ZNPS), and the associated general license for the ZNPS independent spent fuel storage installation (ISFSI), which are located in Lake County, Illinois. Zion Solutions, LLC is authorized to possess and maintain ZNPS and the ZNPS ISFSI. Operation of ZNPS is no longer authorized under these licenses.

II

By Order dated November 26, 2019 (Transfer Order), the Commission consented to the direct transfer of the ZNPS licenses from Zion Solutions, LLC to Exelon Generation Company, LLC and approved draft conforming administrative license amendments in accordance with Sections 50.80, “Transfer of licenses,” 72.50, “Transfer of license,” and 50.90, “Application for amendment of license, construction permit, or early site permit,” of Title 10 of the Code of Federal Regulations (10 CFR). By its terms, the Transfer Order becomes null and void if the transfer is not completed within one year ( i.e., by November 26, 2020); provided, however, that upon written application and for good cause shown, such date may be extended by order. By letter dated August 27, 2020, Zion Solutions, LLC submitted a written application to extend the effectiveness of the Transfer Order by 6 months, until May 26, 2021. That request was approved by Order (First Extension Order) dated October 21, 2020. By letter dated April 15, 2021, Zion Solutions, LLC submitted a written application to extend the effectiveness of the Transfer Order by an additional 6 months, until November 26, 2021. That request was approved by Order (Second Extension Order) dated May 12, 2021. Subsequently, by letter dated August 17, 2021, Zion Solutions, LLC submitted a written application to extend the effectiveness of the Transfer Order by an additional twelve months, until November 26, 2022. That request was approved by Order (Third Extension Order) dated August 30, 2021.

III

By letter dated October 19, 2022, Zion Solutions, LLC submitted a written application to extend the effectiveness of the Transfer Order by an additional 6 months, until May 26, 2023. As stated in the application, a license amendment request for the ZNPS License Termination Plan and responses to requests for additional information regarding ZNPS Final Status Survey Final Reports and their associated Release Records are currently under review by the NRC staff. The extension would provide the NRC staff with additional time to assess the information provided by Zion Solutions, LLC and make a final determination regarding the release of land for unrestricted use. However, based on the complexity of the review, potential need for confirmatory surveys, and administrative work required to complete the partial site release, the NRC has determined that a twelve-month extension to November 26, 2023, is more appropriate.

Based on the above, the NRC has determined that Zion Solutions, LLC has shown good cause for extending the effectiveness of the Transfer Order by an additional twelve months.

IV

Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended; Title 42 of the United States Code Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80 and 10 CFR 72.50, it is hereby ordered that the expiration date of the Transfer Order, as extended by the Third Extension Order, is further extended until November 26, 2023. If the subject license transfer from Zion Solutions, LLC to Exelon Generation Company, LLC is not completed by November 26, 2023, the Transfer Order shall become null and void; provided, however, that upon written application and for good cause shown, such date may be extended by order.

This Order is effective upon issuance.

Dated this 17th day of November 2022.

For The Nuclear Regulatory Commission.

John W. Lubinski,

Director, Office of Nuclear Material, Safety and Safeguards.