[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45989-45990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18247]


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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: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the

     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 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,

[[Page 45990]]

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 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. 2013-18247 Filed 7-29-13; 8:45 am]
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