[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65258-65259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26063]


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

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; Tier 1 Editorial and Consistency Changes

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. 15 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 consists of changes to Figure 2.2.5-1, Tables; 2.6.3-4, 3.5-
3, 3.5-7, 2.2.3-1, 3.5-1, 3.3-6, 2.7.1-4, 2.6.6-1, 2.2.3-4, 2.3.10-2, 
and 2.1.1-1, and Section 3.2, Item 1.e) of Appendix C to the COLs. 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 obtain 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-2008-0441. 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 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 was submitted 
by the letter dated July 2, 2013 (ADAMS Accession No. ML13189A285). The 
licensee supplemented this request by letter dated September 26, 2013 
(ADAMS Accession No. ML13273A394).
     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:

[[Page 65259]]

I. Introduction

    The NRC is granting 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 and issuing License Amendment No. 15 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 1 information. 
With the requested amendment, the licensee sought changes to the UFSAR 
Tier 1 and Appendix C to the COL.
    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. ML14182A574.
    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. ML14182A516 and ML14182A541, 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. 
ML14182A451 and ML14182A509, 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 July 2, 2013 and as supplemented by the letter 
dated September 26, 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 13-25), ``Tier 1 
Editorial and Consistency Changes.''
    For the reasons set forth in Section 3.1 of the NRC staff Safety 
Evaluation, which can be found in ADAMS under Accession No. 
ML14182A574, 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 1 
Figure 2.2.5-1, Tables; 2.6.3-4, 3.5-3, 3.5-7, 2.2.3-1, 3.5-1, 3.3-6, 
2.7.1-4, 2.6.6-1, 2.2.3-4, 2.3.10-2, and 2.1.1-1, and Section 3.2, Item 
1.e), as described in the licensee's request dated July 2, 2013 and 
supplemented on September 26, 2013. This exemption is related to, and 
necessary for the granting of License Amendment No. 15, which is being 
issued concurrently with this exemption.
    3. As explained in Section 5.0 of the NRC staff Safety Evaluation 
(ADAMS Accession No. ML14182A574), 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 July 31, 2014.

III. License Amendment Request

    The request for the amendment and exemption was submitted by the 
letter dated July 2, 2013 (ADAMS Accession No. ML13189A285). The 
licensee supplemented this request by letter dated September 26, 2013 
(ADAMS Accession No. ML13273A394). The proposed license amendment 
request revises Figure 2.2.5-1, Tables; 2.6.3-4, 3.5-3, 3.5-7, 2.2.3-1, 
3.5-1, 3.3-6, 2.7.1-4, 2.6.6-1, 2.2.3-4, 2.3.10-2, and 2.1.1-1, and 
Section 3.2, Item 1.e of Appendix C to the COLs.
    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(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 July 2, 2013, and supplemented by letter dated September 
26, 2013. The exemption and amendment were issued on July 31, 2014 as 
part of a combined package to the licensee (ADAMS Accession No. 
ML14182A432).

    Dated at Rockville, Maryland, this 27th day of October 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. 2014-26063 Filed 10-31-14; 8:45 am]
BILLING CODE 7590-01-P