[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63504-63506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24886]


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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; Changes 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 issuing License 
Amendment No. 8 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 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-2008-0441 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by 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

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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 7, 
2013 (ADAMS Accession No. ML13042A004). The licensee supplemented this 
request on July 11, 2013 (ADAMS Accession No. ML13197A431).
     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. 8 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 modify the design 
of the 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. ML13212A242.
    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. ML13212A226 and ML13212A228. 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. ML13212A208 and 
ML13212A211. 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 February 7, 2013, and supplemented by a letter 
dated July 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 13-06, ``Changes to 
the Primary Sampling System.''
    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. ML13212A242, 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 DCD 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 February 7, 2013, and as 
supplemented on July 11, 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 5.0, ``Environmental Consideration,'' of 
the NRC staff Safety Evaluation (ADAMS Accession No. ML13212A242), 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 August 22, 2013.

III. License Amendment Request

    By letter dated February 7, 2013, 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 July 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 VCSNS, Units 2 and 3 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

[[Page 63506]]

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 March 4, 2013 (78 FR 14126). 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 7, 2013, and supplemented by letter dated July 
11, 2013. The exemption and amendment were issued on August 22, 2013 as 
part of a combined package to the licensee. (ADAMS Accession No. 
ML13212A108).

    Dated at Rockville, Maryland, this 7th day of October 2013.

    For the Nuclear Regulatory Commission.
Denise McGovern,
Senior Project Manager, Licensing Branch 4, Division of New Reactor 
Licensing, Office of New Reactors.
[FR Doc. 2013-24886 Filed 10-23-13; 8:45 am]
BILLING CODE 7590-01-P