[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Pages 46877-46878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18970]



[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 Structures and Layout of the Turbine 

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.


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. 12 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 consists of changes to the updated final safety analysis 
report (UFSAR) for VCSNS Units 2 and 3 (including the plant-specific 
Tier 1 Table 3.3-1 and Figure 3.3-11B) and the corresponding Table 3.3-
1 and Figure 3.3-11B of Appendix C to the Facility COLs. The granting 
of the exemption allows the changes to Tier 1 information as specified 
in the license amendment request (LAR). 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 obtain publicly-available information related to this document, 
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 obtain publicly-available documents online in the 
ADAMS Public Documents Collection 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.
     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.

Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-0681; email: [email protected].


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 Design,'' to Part 52 of Title 10 of the Code of Federal 
Regulations (10 CFR) and issuing License Amendment No. 12 to COLs, NPF-
93 and NPF-94, to the licensee. The request for the amendment and 
exemption were submitted by letter dated July 30, 2013 (ADAMS Accession 
No. ML13213A040). The licensee revised this request on August 7, 2013 
(ADAMS Accession No. ML13225A445), and September 5, 2013 (ADAMS 
Accession No. ML13252A186). 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 
changing the Turbine Building structures and layout by: (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 thickness in 
certain walls of the Turbine Building first Bay.
    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

[[Page 46878]]

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. ML14120A445.
    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. ML14120A422 and ML14120A426. 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. ML14120A411 and 
ML14120A416. 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 July 30, 2013 and as revised by the letters 
dated August 7 and September 5, 2013, South Carolina Electric & Gas 
Company (licensee) requested from the Nuclear Regulatory Commission 
(Commission) an exemption from the provisions of Title 10 of the Code 
of Federal Regulations (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 (LAR 13-13), ``Changes 
to the Structures and Layout of the Turbine Building.''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation, which can be found at ADAMS Accession No. ML14120A445, the 
Commission finds that:
    A. The exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
    C. the exemption is consistent with the common defense and 
    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 Table 3.3-1 and Figure 3.3-
11B, as described in the licensee's request dated July 30, 2013 and 
revised on August 7 and September 5, 2013. This exemption is related 
to, and necessary for the granting of License Amendment No. 12, which 
is being issued concurrently with this exemption.
    3. As explained in Section 5.0 of the NRC staff Safety Evaluation 
(ADAMS Accession No. ML14120A445), 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 12, 2014.

III. License Amendment Request

    By letter dated July 30, 2013, the licensee requested that the NRC 
amend the COLs for VCSNS Units 2 and 3, COLs NPF-93 and NPF-94. The 
licensee revised this application on August 7, and September 5, 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 
structures and layout of the turbine building, found throughout the 
UFSAR. These Tier 2 changes require modifications to particular 
information located in Tier 1 Table 3.3-1 and Figure 3.3-11B.
    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 October 1, 2013 (78 FR 60321). 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 

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 July 30, 2013 and revised by letter dated, August 7, and 
September 5, 2013. The exemption and amendment were issued on May 12, 
2014 as part of a combined package to the licensee (ADAMS Accession No. 

    Dated at Rockville, Maryland, this 1st day of August 2014.

    For the Nuclear Regulatory Commission.
Denise L. McGovern,
Senior Project Manager, Licensing Branch 4, Division of New Reactor 
Licensing, Office of New Reactors.
[FR Doc. 2014-18970 Filed 8-8-14; 8:45 am]