[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Notices]
[Pages 32278-32279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12699]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2008-0252]


Vogtle Electric Generating Station, Units 3 and 4; Southern 
Nuclear Operating Company; Change to Information in Tier 1, Table 3.3-1

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and Combined License Amendment: Issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and License 
Amendment No. 6 to Combined Licenses (COL), NPF-91 and NPF-92. The COLs 
were issued to Southern Nuclear Operating Company, Inc., and Georgia 
Power Company, Oglethorpe Power Corporation, Municipal Electric 
Authority of Georgia, and the City of Dalton, Georgia (the licensee); 
for construction and operation of the Vogtle Electric Generating Plant 
(VEGP), Units 3 and 4, located in Burke County, Georgia. The amendment 
changes requested improve the clarity and accuracy of the Tier 1 
information located in Table 3.3-1, ``Definition of Wall Thicknesses 
for Nuclear Island Buildings, Turbine Buildings, and Annex Building,'' 
which describes wall and floor thicknesses in the plant. The granting 
of the exemption allows the changes asked for in the amendment. Because 
the acceptability of the exemption was determined in part by the 
acceptability of the amendment, the exemption and amendment are being 
issued concurrently.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, using any of the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. 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 access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then 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 [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The request for the amendment and exemption were submitted 
by letter dated September 21, 2012 (ADAMS Accession No. ML12269A433). 
The licensee supplemented this request on October 29, 2012 (ADAMS 
Accession No. ML12307A195), and January 25, 2013 (ADAMS Accession No. 
ML13028A266).
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Anthony Minarik, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6185; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing an exemption from Paragraph B of Section III, 
``Scope and Contents,'' of Appendix D, ``Design Certification Rule for 
the AP1000,'' to Part 52 of Title 10 of the Code of Federal Regulations 
(10 CFR) and License Amendment No. 6 to COLs, NPF-91 and NPF-92, issued 
to the licensee. The exemption is required by Paragraph A.4 of Section 
VIII, ``Processes for Changes and Departures,'' Appendix D to 10 CFR 
part 52 to allow the licensee to depart from Tier 1 information. The 
licensee sought to change the Tier 1 information located in Table 3.3-1 
of its Updated Final Safety Analysis Report (UFSAR). These changes 
sought to improve the clarity and accuracy of the table so that it 
could be more easily inspected during Inspections, Tests, Analyses, and 
Acceptance Criteria (ITAAC) closure.
    Part of the justification for granting the exemption was provided 
by the review of the amendment. Because the exemption is necessary in 
order to issue the requested license amendment, the NRC granted the 
exemption and issued the amendment concurrently, rather than in 
sequence. This included issuing a combined safety evaluation containing 
the NRC staff's review of both the exemption request and the license 
amendment. The exemption met all applicable regulatory criteria set 
forth in 10 CFR 50.12, 10 CFR 52.7, and Section VIII.A.4. of Appendix D 
to 10 CFR part 52. The license amendment was found to be acceptable as 
well. The combined safety evaluation is available in ADAMS under 
Accession No. ML13074A178.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for Vogtle Units 3 and 
4 (COLs NPF-91 and NPF-92). These documents can be found in ADAMS under 
Accession Nos. ML13112A231 and ML13112A242. The exemption is reproduced 
(with the exception of

[[Page 32279]]

abbreviated titles and additional citations) in Section II of this 
document. The amendment documents for COLs NPF-91 and NPF-92 are 
available in ADAMS under Accession Nos. ML13074A151 and ML13074A160. A 
summary of the amendment documents is provided in Section III of this 
document.

II. Exemption

    Reproduced below is the exemption document issued to Vogtle Unit 3 
and Unit 4. It makes reference to the combined safety evaluation that 
provides the reasoning for the findings made by the NRC (and listed 
under Item 1) in order to grant the exemption:
    1. In a letter dated September 21, 2012, and as supplemented by 
letters dated October 29, 2012, and January 25, 2013, the licensee 
requested from the Commission an exemption from the provisions of 10 
CFR Part 52, Appendix D, Section III.B, as part of license amendment 
request 12-008, ``Definition of Wall Thicknesses for Nuclear Island 
Buildings, Turbine Buildings, and Annex Building'' (LAR 12-008).
    For the reasons set forth in Section 3.1, ``Evaluation of 
Exemption,'' of the NRC staff's Safety Evaluation, which can be found 
in ADAMS under Accession No. ML13074A178, the Commission finds that:
    A. The exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
safety;
    C. the exemption is consistent with the common defense and 
security;
    D. special circumstances are present in that the application of the 
rule in this circumstance is not necessary to serve the underlying 
purpose of the rule;
    E. the special circumstances outweigh any decrease in safety that 
may result from the reduction in standardization caused by the 
exemption; and
    F. the exemption will not result in a significant decrease in the 
level of safety otherwise provided by the design.
    2. Accordingly, the licensee is granted an exemption to the 
provisions of 10 CFR Part 52, Appendix D, Section III.B, to allow 
deviations from the Tier 1 certification information in Table 3.3-1 of 
the certified Design Control Document, as described in the licensee's 
request dated September 21, 2012, and as supplemented on October 29, 
2012, and January 25, 2013. This exemption is related to, and necessary 
for the granting of License Amendment No. 6, which is being issued 
concurrently with this exemption.
    3. As explained in Section 5.0, ``Environmental Consideration,'' of 
the NRC staff's Safety Evaluation (ADAMS Accession No. ML13074A178), 
this exemption meets the eligibility criteria for categorical exclusion 
set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 
51.22(b), no environmental impact statement or environmental assessment 
needs to be prepared in connection with the issuance of the exemption.
    4. This exemption is effective as of May 8, 2013.

III. License Amendment Request

    By letter dated September 21, 2012, the licensee requested that the 
NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The 
licensee supplemented this application on October 29, 2012, and January 
25, 2013. The proposed amendment would depart from the UFSAR Tier 1 
material, and would revise the associated material that has been 
included in Appendix C of each of the VEGP, Units 3 and 4, COLs. 
Specifically the requested amendment will revise the Tier 1 information 
located in Table 3.3-1, to correctly translate information found in 
Tier 1 and Tier 2 drawings. No physical changes or design changes were 
requested as part of this amendment, only the presentation of design 
information in Table 3.3-1 changed.
    The Commission has determined for these amendments that the 
application complies with the standards and requirements of the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's rules 
and regulations. The Commission has made appropriate findings as 
required by the Act and the Commission's rules and regulations in 10 
CFR Chapter I, which are set forth in the license amendment.
    A notice of consideration of issuance of amendment to facility 
operating license or combined license, as applicable, proposed no 
significant hazards consideration determination, and opportunity for a 
hearing in connection with these actions, was published in the Federal 
Register on November 13, 2012 (77 FR 67685). The supplements had no 
effect on the no significant hazards consideration determination and no 
comments were received during the 60-day comment period.
    The Commission has determined that these amendments satisfy the 
criteria for categorical exclusion in accordance with 10 CFR 51.22. 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment need be prepared for these 
amendments.

IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the 
staff granted the exemption and issued the amendment that the licensee 
requested on September 21, 2012, and supplemented by letters dated 
October 29, 2012, and January 25, 2013. The exemption and amendment 
were issued on May 8, 2013 as part of a combined package to the 
licensee. (ADAMS Accession No. ML13074A139).

    Dated at Rockville, Maryland, this 21st day of May 2013.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Acting Chief, Licensing Branch 4, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2013-12699 Filed 5-28-13; 8:45 am]
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