[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45987-45989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18246]
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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 the Primary Sampling System
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption and combined license amendment: issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption to allow a departure from the certification information of
Tier 1 of the generic design control document (DCD) and is issuing
License Amendment No. 10 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
requests to modify the Primary Sampling System (PSS) design, including
changes to Tier 1 information located in Tables 2.2.1-2, 2.3.13-1, and
2.3.13-3, Figures 2.2.1-1 ``Containment System'' and 2.3.13-1 ``Primary
Sampling System,'' and Subsection 2.3.13, ``Primary Sampling System''
of the Updated Final Safety Analysis Report (UFSAR). The granting of
the exemption allows the changes to Tier 1 information 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 December 7, 2012 (ADAMS Accession No. ML12346A396). The
licensee supplemented this request on January 25, 2013 (ADAMS Accession
No. ML13028A267), and March 29, 2013 (ADAMS Accession No. ML13091A056).
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 granting 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 issuing License Amendment No. 10 to COLs, NPF-91 and NPF-
92, 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.
With the requested amendment, the licensee
[[Page 45988]]
sought to modify the design of the Primary Sampling System (PSS). As
part of this request, the licensee needed to change Tier 1 information
located in Tables 2.2.1-2, 2.3.13-1, and 2.3.13-3, Figures 2.2.1-1
``Containment System'' and 2.3.13-1 ``Primary Sampling System,'' and
Subsection 2.3.13, ``Primary Sampling System'' of the UFSAR. These
changes were necessary as part of a design modification which changes
the type of valve used as the air return check valve from a check valve
to a solenoid-operated valve (SOV); redesigns the PSS inside-
containment header; and adds a PSS containment penetration.
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. ML13150A088.
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. ML13150A064 and ML13150A066. The exemption is reproduced
(with the exception of 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. ML13150A070 and
ML13150A077. 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 Units 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 December 7, 2012, and as supplemented by
letters dated January 25, 2013, and March 29, 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 12-012R, ``Changes to the Primary Sampling System'' (LAR 12-
012R).
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. ML13150A088, 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 certified Design Control Document Tier 1 Section
2.3.13, Tables 2.2.1-2, 2.3.13-1, and 2.3.13-3, and Figures 2.2.1-1 and
2.3.13-1, as described in the licensee's request dated December 7,
2012, and as supplemented on January 25, 2013, and March 29, 2013. This
exemption is related to, and necessary for the granting of License
Amendment No. 10, which is being issued concurrently with this
exemption.
3. As explained in Section 3.1, ``Evaluation of Exemption,'' of the
NRC staff's Safety Evaluation (ADAMS Accession No. ML13150A088), 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 June 19, 2013.
III. License Amendment Request
By letter dated December 7, 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 January 25, 2013, and March
29, 2013. The proposed amendment would depart from Tier 2 Material
previously incorporated into the UFSAR. Additionally, these Tier 2
changes involve changes to Tier 1 Information in the UFSAR, and the
proposed amendment would also revise the associated material that has
been included in Appendix C of each of the VEGP, Units 3 and 4 COLs.
The requested amendment will revise the Tier 2 UFSAR information
pertaining to the PSS air return valve, and various Tier 2 tables and
sections regarding the PSS design. These Tier 2 changes require
modifications to particular Tier 1 information located in Tables 2.2.1-
2, 2.3.13-1, and 2.3.13-3, Figures 2.2.1-1 ``Containment System'' and
2.3.13-1 ``Primary Sampling System,'' and Subsection 2.3.13, ``Primary
Sampling System'' of the UFSAR, as well as the corresponding
information in Appendix C. These changes were necessary as part of a
design modification which changes the type of valve used as the air
return check valve from a check valve to a SOV; redesigns the PSS
inside-containment header; and adds a PSS containment penetration.
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 February 19, 2013 (78 FR 11693). The January 25, 2013
supplement revised the original no significant hazards consideration
determination, but this revision was captured in the February 19, 2013
Federal Register Notice. The March 29, 2013 supplement 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
[[Page 45989]]
on December 7, 2012, and supplemented by letters dated January 25,
2013, and March 29, 2013. The exemption and amendment were issued on
June 19, 2013 as part of a combined package to the licensee. (ADAMS
Accession No. ML13150A052).
Dated at Rockville, Maryland, this 23rd day of July 2013.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-18246 Filed 7-29-13; 8:45 am]
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