[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47426-47427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18849]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-027 and 52-028; NRC-2008-0441]


Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina 
Electric and Gas; 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 granting both 
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-93 and NPF-94. The COLs 
were issued to South Carolina Electric and Gas (SCE&G) and South 
Carolina Public Service Authority (Santee Cooper) (the licensee), for 
construction and operation of the Virgil C. Summer Nuclear Station 
(VCSNS), Units 2 and 3 located in Fairfield County, South Carolina. The 
amendment changes requested adding four electrical penetration 
assemblies to the containment vessel and shield building in order to 
support the current electrical loads required within containment. 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 of the Updated Final Safety 
Analysis Report (UFSAR), as well as the corresponding information in 
Appendix C of the COL. The granting of the exemption allows the Tier 1 
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-2008-0441 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-2008-0441. 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 August 29, 2012 (ADAMS Accession No. ML12244A011). The 
licensee supplemented this request on February 11, 2013 (ADAMS 
Accession No. ML13044A358).
     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: Denise McGovern, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-0681; 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. 6 to COLs, NPF-93 and NPF-
94, 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 add additional 
electrical penetration assemblies to containment and the shield 
building. As part of this request, the licensee needed to change Tier 1 
information located in Tables 2.2.1-1 and 2.2.3-6 as well as Figure 
2.2.1-1 of the UFSAR. These changes were necessary in order to support 
the electrical loads within containment. No additional loads or 
modifications to existing loads are required as part of this request.
    Part of the justification for granting the exemption was provided 
by the review of the amendment. Because the

[[Page 47427]]

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. ML13135A594.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VCSNS Units 2 and 
3 (COLs NPF-93 and NPF-94). These documents can be found in ADAMS under 
Accession Nos. ML13135A579 and ML13135A586. 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-93 
and NPF-94 are available in ADAMS under Accession Nos. ML13135A574 and 
ML13135A577. A summary of the amendment documents is provided in 
Section III of this document.

II. Exemption

    Reproduced below is the exemption document issued to VCSNS Units 2 
and 3. 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 August 29, 2012, and supplemented by a letter 
dated February 11, 2013, the licensee requested from the Commission an 
exemption from the provisions of 10 CFR Part 52, Appendix D, Section 
III.B, ``Design Certification Rule for the AP1000 Design, Scope, and 
Contents,'' as part of license amendment request 12-01, ``Additional 
Electrical Penetration Assemblies.''
    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. ML13135A316, 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 (DCD) Tier 1 
Table 2.2.1-1, Figure 2.2.1-1, and Table 2.2.3-6 as described in the 
licensee's request dated August 29, 2012 and supplemented on February 
11, 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 Safety Evaluation (ADAMS Accession No. ML13135A594), 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 1, 2013.

III. License Amendment Request

    By letter dated August 29, 2012, the licensee requested that the 
NRC amend the COLs for VCSNS Units 2 and 3, COLs NPF-93 and NPF-94. The 
licensee supplemented this application on February 11, 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 information pertaining to the affected 
structures and tables related to electrical penetration assemblies. 
These changes require modifications to particular Tier 1 information 
located in Tables 2.2.1-1 and 2.2.3-6, and Figure 2.2.1-1 of the UFSAR, 
as well as the corresponding information in Appendix C. 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. These changes were necessary in order 
to support the electrical loads within containment. No additional loads 
or modifications to existing loads are required as part of this 
request.
    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 October 16, 2012 (77 FR 63343). The 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 August 29, 2012, and supplemented by letter dated February 
11, 2013. The exemption and amendment were issued on July 1, 2013 as 
part of a combined package to the licensee. (ADAMS Accession No. 
ML13135A322).

    Dated at Rockville, Maryland, this 26th 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. 2013-18849 Filed 8-2-13; 8:45 am]
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