[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49551-49553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19709]


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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 Turbine Building Structures 
and Layout

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. 7 to Combined Licenses (COL), NPF-91 and NPF-92. 
The COLs were issued to Southern Nuclear Operating Company, Inc., and 
Georgia Power Company,

[[Page 49552]]

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 structure and layout of the Turbine Building, which includes 
changes to Tier 1 information located in Table 3.3-1, ``Definition of 
Wall Thicknesses for Nuclear Island Buildings, Turbine Building, and 
Annex Building,'' and security-related Figure 3.3-11B, ``Turbine 
Building General Arrangement Plan at elevation 100'-0'''' (NOTE: this 
figure is withheld from public disclosure because it contains security-
related information) 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-
3442; 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 October 17, 2012 (ADAMS Accession No. ML12296A836). The 
licensee supplemented this request on January 4, 2013 (ADAMS Accession 
No. ML13008A234), and February 7, 2013 (ADAMS Accession 
No.ML13039A329).
     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. 7 to COLs, NPF-91 and NPF-
92, to the licensee. The exemption is required by Paragraph A.4 of 
Section III, ``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 change UFSAR 
information related to the design and layout of the turbine building. 
As part of this request, the licensee needed to change the Tier 1 
information located in Table 3.3-1 and security-related Figure 3.3-11B 
of its UFSAR. In Table 3.3-1, these changes described the wall 
thicknesses and elevations of the Turbine Building due to revising the 
structure and layout of the building. Tier 1 information in security-
related Figure 3.3-11B was revised to reflect the new layout and 
positioning of structures within 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. ML13115A858.
    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. ML13115A632 and ML13115A690. 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. ML13115A719 and 
ML13115A751. 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 October 17, 2012, and as supplemented by 
letters dated January 4, 2013, and February 7, 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 12-006, ``Changes to the Structure and Layout of the Turbine 
Building'' (LAR 12-006).
    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. ML13115A858, 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 3.3-1 and 
security-related Figure 3.3-11B of the certified Design Control 
Document, as described in the licensee's request dated October 17, 
2012, and as supplemented on January 4, 2013, and

[[Page 49553]]

February 7, 2013. This exemption is related to, and necessary for the 
granting of License Amendment No. 7, 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. ML13115A858), 
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 16, 2013.

III. License Amendment Request

    By letter dated October 17, 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 4, 2013, and February 
7, 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 included in Appendix C of each of the 
VEGP, Units 3 and 4, COLs. The requested amendment will revise Tier 2 
UFSAR information related to the design and layout of the Turbine 
Building detailed in the amendment request. These Tier 2 changes 
require modifications to particular Tier 1 Information located in Table 
3.3-1 and security-related Figure 3.3-11B. These changes were necessary 
as part of the following layout and structural changes to the Turbine 
Building: (1) Changing the door location on the motor-driven fire pump 
room in the Turbine Building, (2) clarifying the column line 
designations for the southwest and southeast walls of the Turbine 
Building first bay, (3) changing the floor to ceiling heights at three 
different elevations in the Turbine Building main area, and (4) 
increasing elevations and wall thicknesses in certain walls of the 
Turbine Building first bay.
    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 December 11, 2012 (77 FR 73684). 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 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 October 17, 2012, and supplemented by letters dated 
January 4, 2013, and February 7, 2013. The exemption and amendment were 
issued on May 16, 2013 as part of a combined package to the licensee. 
(ADAMS Accession No. ML13115A424).

    Dated at Rockville, Maryland, this 8th day of August, 2013.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2013-19709 Filed 8-13-13; 8:45 am]
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