[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57985-57987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23032]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2014-0208]


Vogtle Electric Generating Plant, Units 3 and 4; Southern Nuclear 
Operating Company; Reclassification of Portions of Human Factors 
Verification and Validation Planning Documents

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 2* of the generic design control document (DCD) and issuing 
License Amendment No. 22 to Combined Licenses (COL), NPF-91 and NPF-92. 
The COLs were issued to Southern Nuclear Operating Company (SNC), 
Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric 
Authority of Georgia, and City of Dalton, Georgia (the licensee), for 
construction and operation of the Vogtle Electric Generating Plant, 
Units 3 and 4, located in Burke County, Georgia. The amendment revises 
the updated final safety analysis report (UFSAR) by reclassifying 
portions of the five Tier 2* Human Factors & Validation (V&V) Technical 
Reports listed in UFSAR Table 1.6-1 and Chapter 18, Subsection 18.11.2.
    The granting of the exemption allows the changes to Tier 2* 
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-2014-0208 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:

[[Page 57986]]

     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0208. 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 
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. The request for the amendment was 
submitted by the letter dated November 27, 2013 (ADAMS Accession No. 
ML13331B502). The request for the exemption was submitted by the letter 
dated March 7, 2014 (ADAMS Accession No. ML14066A412). The licensee 
supplemented this request by letters dated May 23 (ADAMS Accession No. 
ML14143A112), and July 18, 2014 (ADAMS Accession No. ML14199A633).
     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: Ravindra Joshi, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6191; 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. 22 to COLs, NPF-91 and NPF-
92, to the licensee. The exemption is required by Paragraph B.6.c of 
Section VIII, ``Processes for Changes and Departures,'' Appendix D to 
10 CFR part 52 to allow the licensee to depart from Tier 2* 
information. With the requested amendment, the licensee sought changes 
to the UFSAR by reclassifying portions of the five Tier 2* Human 
Factors V&V Technical Reports listed in UFSAR Table 1.6-1 and Chapter 
18, Subsection 18.11.2.
    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 52.63(b)(1). The license 
amendment was found to be acceptable as well. The combined safety 
evaluation is available in ADAMS under Accession No. ML14073A770.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VEGP Units 3 and 4 
(COLs NPF-91 and NPF-92). These documents can be found in ADAMS under 
Accession Nos. ML14073A764 and ML14073A765, respectively. 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. 
ML14073A758 and ML14073A761, respectively. A summary of the amendment 
documents is provided in Section III of this document.

II. Exemption

    Reproduced below is the exemption document issued to VEGP 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 November 27, 2013 and supplemented by the 
letters dated March 7, May 23, and July 18, 2014, Southern Nuclear 
Operating 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) 13-034, 
``Reclassification of Portions of Human Factors Verification and 
Validation of Planning Documents'' (LAR 13-034).
    For the reasons set forth in Section 3.1 of the NRC staff Safety 
Evaluation, which can be found at Agencywide Documents Access and 
Management System (ADAMS) Accession Number ML14073A770, 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 2* 
information, as described in the licensee's request dated November 27, 
2013 and supplemented by the letters dated March 7, May 23, and July 
18, 2014. This exemption is related to, and necessary for the granting 
of License Amendment No. 22, which is being issued concurrently with 
this exemption.
    3. As explained in Section 5 of the NRC staff Safety Evaluation 
(ADAMS Accession Number ML14073A770), 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 September 3, 2014.

III. License Amendment Request

    The request for the amendment was submitted by the letter dated 
November 27, 2013 (ADAMS Accession No. ML13331B502). The request for 
the exemption was submitted by the letter dated March 7, 2014 (ADAMS 
Accession No. ML14066A412). The licensee supplemented this request by 
letters dated May 23 (ADAMS Accession No. ML14143A112), and July 18, 
2014 (ADAMS Accession No. ML14199A633). The proposed license amendment 
request revises the UFSAR by reclassifying portions of the five Tier 2* 
Human Factors V&V Technical Reports listed in UFSAR Table 1.6-1 and 
Chapter 18, Subsection 18.11.2.

[[Page 57987]]

    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 January 21, 2014 (79 FR 3417). 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(c)(9). 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 November 27, 2013, and supplemented by letters dated March 
7, May 23, and July 18, 2014. The exemption and amendment were issued 
on September 3, 2014 as part of a combined package to the licensee 
(ADAMS Accession No. ML14073A752).

    Dated at Rockville, Maryland, this 22nd day of September, 2014.
    For the Nuclear Regulatory Commission.
David H. Jaffe,
Acting Chief, Licensing Branch 4, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2014-23032 Filed 9-25-14; 8:45 am]
BILLING CODE 7590-01-P