[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Notices]
[Pages 64418-64419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25757]



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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 & Gas Company; Reclassification of Portions of Human Factors 
Verification and Validation Planning Documents

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 2* of the generic design control document (DCD) and issuing 
License Amendment No. 18 to Combined Licenses (COL), NPF-93 and NPF-94. 
The COLs were issued to South Carolina Electric & Gas Company (SCE&G), 
and South Carolina Public Service Authority, (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 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 the 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-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 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 March 19, 2014 (ADAMS Accession Number 
ML14079A599). The request for the exemption was submitted by the letter 
dated March 19, 2014 (ADAMS Accession Number ML14079A599). The licensee 
supplemented this request by letters dated June 3, 2014 (ADAMS 
Accession Number ML14155A210), June 20, 2014 (ADAMS Accession Number 
ML14174B135) and July 9, 2014 (ADAMS Accession Number ML14190B356).
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's P DR, 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; e- mail: [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. 18 to COLs, NPF-93 and NPF-
94, 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 Number ML14252A153.
    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 Numbers ML14252A112 and ML14252A129, 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-93 and NPF-94 are available in ADAMS under 
Accession Nos. ML14252A069 and ML14252A072, 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 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 March 19, 2014, and supplemented by the 
letters dated June 3, June 20, and July 9, 2014, South Carolina 
Electric and Gas Company (licensee) requested from the U.S. 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) 13-34, ``Reclassification of Portions of Human Factors 
Verification and Validation of Planning Documents'' (LAR 13-34).
    For the reasons set forth in Section 3.1 of the NRC staff's 
Safety Evaluation, which can be found at Agencywide Documents Access 
and Management System Accession Number ML14252A153, 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

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    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 March 19, 
2014, and supplemented by the letters dated June 3, June 20, and 
July 9, 2014. This exemption is related to, and necessary for the 
granting of License Amendment No. 18, which is being issued 
concurrently with this exemption.
    3. As explained in Section 5 of the NRC staff's Safety 
Evaluation (ADAMS Accession Number ML14252A153), 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 October 8, 2014.

III. License Amendment Request

    The request for the amendment was submitted by the letter dated 
March 19, 2014 (ADAMS Accession Number ML14079A599). The request for 
the exemption was submitted by the letter dated March 19, 2014 (ADAMS 
Accession Number ML14079A599). The licensee supplemented this request 
by letters dated June 3, 2014 (ADAMS Accession No. ML14155A210), June 
20, 2014 (ADAMS Accession No. ML14174B135), and July 9, 2014 (ADAMS 
Accession Number ML14190B356). 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.
    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 the 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 August 5, 2014 (79 FR 45470). 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 March 19, 2014, and supplemented by letters dated June 3, 
June 20, and July 9, 2014. The exemption and amendment were issued on 
October 8, 2014 as part of a combined package to the licensee (ADAMS 
Accession Number ML14252A056).

    Dated at Rockville, Maryland, this 22nd day of October 2014.

    For the Nuclear Regulatory Commission.
Lawrence J. Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2014-25757 Filed 10-28-14; 8:45 am]
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