[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46617-46618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18521]


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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 Containment Structure for 
Additional Electrical Penetration Assemblies

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. 11 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.

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 September 28, 2012 (ADAMS Accession No. ML12275A457). 
The licensee supplemented this request on March 8, 2013 (ADAMS 
Accession No. ML13070A201).
     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. Further Information

    The amendment changes requested to add four electrical penetration 
assemblies to the containment vessel and shield building in order to 
support the current electrical loads. The requested changes did not add 
new electrical loads or modify the currently approved electrical loads. 
This request includes changes to Tier 1 information located in Tables 
2.2.1-1 and 2.2.3-6 as well as Figure 2.2.1-1, as well as the 
corresponding information in Appendix C of the COL. The granting of the 
exemption allows the requested Tier 1 changes. Because the 
acceptability of the exemption was determined in part by the 
acceptability of the amendment, the exemption and amendment are being 
issued concurrently.
    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. 11 to COLs, NPF-91

[[Page 46618]]

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 2.2.1-1, Figure 2.2.1-1, and Table 
2.2.3-6 of its Updated Final Safety Analysis Report (UFSAR). These 
changes sought to add four non-Class 1E electrical penetration 
assemblies to the containment vessel and shield 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. ML13158A324.
    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. ML13158A314 and ML13158A317. 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. ML13158A321 and 
ML13158A322. 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 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 28, 2012, and as supplemented by 
letter dated March 8, 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 12-010, ``Additional 
Electrical Penetration Assemblies'' (LAR 12-010).
    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. ML13158A324, 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 2.2.1-1, 
Figure 2.2.1-1, and Table 2.2.3-6 of the certified Design Control 
Document, as described in the licensee's request dated September 28, 
2012, and as supplemented on March 8, 2013. This exemption is related 
to, and necessary for the granting of License Amendment No. 11, 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. ML13158A324), 
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 July 10, 2013.

III. License Amendment Request

    By letter dated September 28, 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 March 8, 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 2.2.1-1, Figure 
2.2.1-1, and Table 2.2.3-6 in order to add four non-Class 1E electrical 
penetration assemblies to the containment vessel and shield building.
    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 27, 2012 (77 FR 70843). 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 to 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 28, 2012, and supplemented by letter dated March 
8, 2013. The exemption and amendment were issued on July 10, 2013 as 
part of a combined package to the licensee (ADAMS Accession No. 
ML13158A295).

    Dated at Rockville, Maryland, this 25th 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. 2013-18521 Filed 7-31-13; 8:45 am]
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