Environmental Assessment and FONSI for Constellation Energy Nuclear Decommissioning Trust Exemptions

Content

ACTION:

Notice; issuance.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of exemptions in response to the November 7, 2025, request
from Constellation Energy Generation, LLC (the licensee) related to Braidwood Station, Units 1 and 2 (Braidwood), Byron Station,
Unit Nos. 1 and 2 (Byron), and LaSalle County Station, Units 1 and 2 (LaSalle), located in Will County, Ogle County, and LaSalle
County, respectively, in Illinois. The exemptions would allow the licensee to transfer certain earnings from the Braidwood,
Byron, and LaSalle nuclear decommissioning trusts (NDTs) to subaccounts within the NDTs that may then be used to pay for activities
related to the larger decommissioning process and during operations. The NRC staff is issuing an environmental assessment
(EA) and finding of no significant impact (FONSI) associated with the proposed exemptions.

DATES:

The EA and FONSI referenced in this document are available on April 21, 2026.

ADDRESSES:

Please refer to Docket ID NRC-2026-1651 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-2026-1651. Address questions about Docket IDs in Regulations.gov to Bridget Curran; telephone: 301-415-1003; email: Bridget.Curran@nrc.gov. 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 ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is
mentioned in this document.

• NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment
to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT:

Luis O. Cruz Rosado, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-4106; email: Luis.CruzRosado@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC is considering issuance of exemptions from the requirements in paragraphs 50.82(a)(8)(i), 50.82(a)(8)(ii), and 50.75(h)(1)(iv)
of title 10 of the Code of Federal Regulations (10 CFR) to the licensee for Renewed Facility Operating License Nos. NPF-72, NPF-77, NPF-37, NPF-66, NPF-11, and NPF-18 for
Braidwood, Byron, and LaSalle, respectively. By letter dated November 7, 2025 (ADAMS Accession No. ML25311A143), and pursuant
to 10 CFR 50.12, “Specific exemptions,” the licensee requested exemptions to allow the licensee to transfer certain earnings
from the Braidwood, Byron, and LaSalle NDTs to subaccounts within the NDTs that could then be used for activities related
to the larger decommissioning process (not just to radiological decommissioning activities) and during operations, including
spent fuel management activities associated with the onsite independent spent fuel storage installations under the general
licenses in 10 CFR part 72.

In accordance with 10 CFR 51.21 and 10 CFR 51.30, the NRC prepared the following EA that analyzes the environmental impacts
of the proposed action. Based on the results of this EA, which is provided in section II of this document, and in accordance
with 10 CFR 51.31(a), the NRC has determined not to prepare an environmental impact statement for the proposed action and
is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

Exemptions from 10 CFR 50.82(a)(8)(i) and 10 CFR 50.75(h)(1)(iv) would allow the licensee to use funds from the NDT subaccounts
for activities that are not exclusively consistent with the NRC's definition of decommissioning in 10 CFR 50.2, such as spent
fuel management and site restoration. Exemptions from 10 CFR 50.82(a)(8)(ii) would allow the licensee to use these funds for
these activities prior to the facilities' permanent cessations of operations. The proposed action is in accordance with the
licensee's application dated November 7, 2025. The NRC determination of whether to approve the proposed action will be documented
separately from this assessment of the environmental impacts of the proposed action.

Need for the Proposed Action

As required by 10 CFR 50.82(a)(8)(i), NDTs may be used by licensees if, in part, the withdrawals are for expenses for legitimate
decommissioning activities consistent with the definition of decommissioning in 10 CFR 50.2. These activities are referred
to as “radiological decommissioning” activities and have to do with removing a facility or site safely from service and reducing
residual radioactivity and do not include other parts of the larger decommissioning process, such as spent fuel management
and site restoration. Similarly, the regulation at 10 CFR 50.75(h)(1)(iv) restricts NDT disbursements (other than for payment
of ordinary administrative costs and other incidental expenses of the trust in connection with the operation of the trust)
to radiological decommissioning expenses until final radiological decommissioning has been completed. The provisions of 10
CFR 50.82(a)(8)(ii) generally restrict the use of NDTs until after the permanent cessation of operations. Therefore, partial
exemptions from these regulations would be needed to allow the licensee to transfer certain earnings from the Braidwood, Byron,
and LaSalle NDTs to subaccounts within the NDTs that could then be used for activities related to the larger decommissioning
process (not just to radiological decommissioning activities) and during operations.

In its exemption request, the licensee stated that the ability to use excess NDT earnings for activities related to the larger
decommissioning process and during operations would help reduce overall decommissioning costs and would minimize long-term
risks and uncertainties. Thus, the exemptions

would not impact the principal required to provide reasonable assurance that adequate funds will be available for the radiological
decommissioning of the facilities while also enabling overall more efficient, timely, and cost-effective site decommissioning
and restoration.

Environmental Impacts of the Proposed Action

The proposed action involves exemptions from regulatory requirements that are of a financial nature and that do not have an
impact on the environment. The proposed action does not introduce new operational activities at Braidwood, Byron, or LaSalle
beyond actions covered under the current licensing bases and the current environmental impact statements. The proposed action
would only allow the licensee to transfer certain earnings from the NDTs into subaccounts within the NDTs that could then
be used for activities related to the larger decommissioning process and during operations, while maintaining the required
principal for radiological decommissioning activities. Therefore, there would be no decrease in safety or environmental protection
as a result of the proposed action, and the adequacy of radiological decommissioning funding would not be affected. Section
50.75 of 10 CFR requires a licensee to certify that radiological decommissioning financial assurance has been provided in
the required amount, to adjust that amount annually, and to cover that amount. Since the proposed action would allow the licensee
to use funds from the Braidwood, Byron, and LaSalle NDTs that are in excess of those required for radiological decommissioning
and for activities that are part of the larger decommissioning process, the adequacy of the funds dedicated to the decommissioning
process would not be affected by the proposed action.

Due to the proposed action being financial in nature, it would not significantly increase the probability or consequences
of radiological accidents and would have no direct radiological impacts. The proposed action would not authorize any changes
to plant operations or physical structures, systems, or components, and would not affect the types or amounts of radiological
effluents that may be released from the site. Therefore, there would be no change in occupational or public radiation exposure
as a result of the proposed action. No new materials or chemicals would be introduced, and the operation of waste processing
systems would remain unchanged. The design and function of all structures, systems, and components that limit or monitor effluent
releases would not be altered and would continue to meet applicable requirements. As such, there are no significant radiological
environmental impacts associated with the proposed action.

With regard to potential non-radiological environmental impacts, the proposed action would have no direct impacts on land
use or water resources, including terrestrial and aquatic biota, as it involves no new construction or modification of plant
operational systems. There would be no changes to the quality or quantity of non-radiological effluents. In addition, there
would be no noticeable effect on socioeconomic conditions in the region, no air quality impacts, and no impacts to historic
and cultural resources from the proposed action. Therefore, there are no significant non-radiological environmental impacts
associated with the proposed action.

Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

As an alternative to the proposed action, the NRC staff considered denial of the proposed action (i.e., the “no-action” alternative). Denial of the proposed action would result in the licensee either (1) postponing non-radiological
decommissioning activities until the completion of radiological decommissioning activities, or (2) using other funding sources
for non-radiological decommissioning activities prior to the completion of radiological decommissioning activities. In either
case, there would be no change in the environmental impacts as compared to the proposed action, since the proposed action
does not authorize any physical changes or new site activities. Therefore, the no-action alternative would have similar environmental
impacts to those of the proposed action.

Alternative Use of Resources

There are no unresolved conflicts concerning alternative uses of available resources under the proposed action.

Agencies and Persons Consulted

No additional agencies or persons were consulted regarding the environmental impact of the proposed action.

III. Finding of No Significant Impact

The exemptions from 10 CFR 50.82(a)(8)(i), 10 CFR 50.82(a)(8)(ii), and 10 CFR 50.75(h)(1)(iv) would allow the licensee to
transfer certain earnings from the Braidwood, Byron, and LaSalle NDTs to subaccounts within the NDTs that could then be used
for activities related to the larger decommissioning process and during operations. The proposed action would not significantly
affect plant safety, would not have a significant adverse effect on the probability of an accident occurring, and would not
have any significant radiological or non-radiological environmental impacts. The proposed action involves exemptions from
requirements that are of a financial nature and that would not have an impact on the human environment. Consistent with 10
CFR 51.21, the NRC conducted an EA for the proposed action, and this FONSI incorporates by reference the EA included in section
II of this document. Therefore, the NRC concludes that the proposed action will not have significant effects on the quality
of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed
action.

Other than the licensee's letter dated November 7, 2025, there are no other environmental documents associated with this review.

Previous considerations regarding the environmental impacts of operating Braidwood, Byron, and LaSalle are described in: (1)
NUREG-1437, Supplement 55, “Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Braidwood
Station, Units 1 and 2, Final Report,” dated November 2015 (ML15314A814); (2) NUREG-1026, “Final Environmental Statement Related
to the Operation of Braidwood Station, Units 1 and 2,” dated June 1984 (ML14090A132); (3) NUREG-1437, Supplement 54, “Generic
Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Byron Station, Units 1 and 2, Final Report,”
dated July 2015 (ML15196A263); (4) NUREG-0848, “Final Environmental Statement Related to the Operation of Byron Station, Units
1 and 2,” dated April 1982 (ML13269A184); (5) NUREG-1437, Supplement 57, “Generic Environmental Impact Statement for License
Renewal of Nuclear Plants Regarding LaSalle County Station, Units 1 and 2, Final Report,” dated August 2016 (ML16238A029);
and (6) NUREG-0486, “Final Environmental Statement Related to Operation of LaSalle County Nuclear Power Station, Unit Nos.
1 and 2,” dated November 1978 (ML14353A388).

Authority: 42 U.S.C. 2011 et seq.

Dated: April 16, 2026. For the Nuclear Regulatory Commission.

Luis Cruz Rosado, Project Manager, Plant Licensing Branch III, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2026-07701 Filed 4-20-26; 8:45 am] BILLING CODE 7590-01-P

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