[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45990-45992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18249]


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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 Bracing Design in the Turbine 
Building and Corresponding Change to Structural Design Code

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 both 
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. 8 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 revise the design of the bracing used to support the 
Turbine Building structure. This request requires changing Tier 1 
information found in the Design Description portion of Updated Final 
Safety Analysis Report (UFSAR) Section 3.3, ``Buildings.'' 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

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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 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 February 8, 2013 (ADAMS Accession No. ML13043A075). The 
licensee supplemented this request on February 15, 2013 (ADAMS 
Accession No. ML13050A201).
     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. 8 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 revise UFSAR 
information related to the design of the bracing used to support the 
non-seismic portion of the Turbine Building. As part of this request, 
the licensee needed to change Tier 1 information located in the 
``Design Description'' portion of Section 3.3, ``Buildings'' of the 
UFSAR. These changes sought to allow the licensee to use a mixed 
bracing system of both eccentrically and concentrically braced framing 
versus only eccentrically braced framing in the Turbine Building.
    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. ML13121A421.
    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. ML13121A376 and ML13121A385. 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. ML13121A392 and 
ML13121A397. 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 February 8, 2013, and as supplemented by 
letter dated February 15, 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 13-005 ``Turbine 
Building Eccentric and Concentric Bracing'' (LAR 13-005).
    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. ML13121A421, 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 
3.3, as described in the licensee's request dated February 8, 2013, and 
supplemented on February 15, 2013. This exemption is related to, and 
necessary for the granting of License Amendment No. 8, 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. ML13121A421), 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 21, 2013.

III. License Amendment Request

    By letter dated February 8, 2013, 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 February 15, 2013. The 
licensee sought to change Tier 2 information previously incorporated 
into the UFSAR. Additionally, these Tier 2 changes involved changes to 
Tier 1 material in the UFSAR, and would revise the associated material 
that has been

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included in Appendix C of each of the VEGP, Units 3 and 4, COLs. The 
Tier 2 changes modified sections of the UFSAR related to the design 
information and code requirements regarding the supports used in the 
Turbine Building. These Tier 2 changes require modifications to 
particular Tier 1 information located in the ``Design Description'' 
portion of Section 3.3 ``Buildings'' of the UFSAR. In this section the 
licensee sought to revise the original design of only using 
eccentrically braced framing in the non-seismic portion of the Turbine 
Building. Instead the licensee plans to use a mixed bracing system 
consisting of both eccentrically and concentrically braced framing. The 
staff determined that these changes did not alter any relevant 
conclusions made for the AP1000 standard design.
    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 March 4, 2013 (78 FR 14137). The February 15, 2013, 
supplement revised the original no significant hazards consideration 
determination, but this revision was captured in the March 4, 2013 
Federal Register Notice. No other supplements were received after the 
acceptance was noticed so the published no significant hazards 
consideration determination was not affected 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 February 8, 2013, and supplemented by letter dated 
February 15, 2013. The exemption and amendment were issued on May 21, 
2013 as part of a combined package to the licensee. (ADAMS Accession 
No. ML13121A359).

    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. 2013-18249 Filed 7-29-13; 8:45 am]
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