[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17512-17514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07473]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-027 and 52-028; NRC-2015-0072]


South Carolina Electric and Gas Company

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting a 
one-time exemption to South Carolina Electric and Gas Company (the 
licensee) from NRC regulations that require that a licensee must use 
the criteria in NUREG-1021, ``Operator Licensing Examination Standards 
for Power Reactors,'' in effect six months before the examination date 
to prepare the written examinations and the operating tests. NUREG-
1021, Revision 10, which was published on January 2, 2015, adds 
guidance for licensing operators of new reactors and includes NUREG-
2103, ``Knowledge and Abilities Catalog for Nuclear Power Plant 
Operators: Pressurized-Water Reactors, Westinghouse AP1000,'' dated 
October 2011, but does not go into effect until July 2, 2015. The 
exemption allows the licensee to use NUREG-1021, Revision 10, prior to 
July 2, 2015, to prepare, proctor, and grade the written examinations 
and to prepare the operating tests required by NRC regulations.

ADDRESSES: Please refer to Docket ID NRC-2015-0072 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-2015-0072. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 (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.

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: The following sections include the text of 
the exemption in its entirety as issued to South Carolina Electric and 
Gas Company (the licensee).

I. Background

    South Carolina Electric and Gas Company (the licensee) is the 
holder of Combined Licenses No. NPF-93 and No. NPF-94, issued March 30, 
2012, which authorize construction and operation of the Virgil C. 
Summer Nuclear Station, Units 2 and 3 (VCSNS). The licenses provide, 
among other things, that the licenses are subject to, and the licensee 
shall comply with, all applicable provisions of the Atomic Energy Act 
of 1954, as amended, and the rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in 
effect.
    The facility consists of two Westinghouse AP1000 pressurized-water 
reactors located in Fairfield County, South Carolina, which are 
currently under construction.

II. Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) part 55, 
``Operators' Licenses,'' Sec.  55.40, ``Implementation,'' paragraph (a) 
states in part, ``The Commission shall use the criteria in NUREG-1021, 
``Operator Licensing Examination Standards for Power Reactors,'' in 
effect six months before the examination date to prepare the written 
examinations required by 10 CFR 55.41 and 55.43 and the operating tests 
required by 10 CFR 55.45. The Commission shall also use the criteria in 
NUREG-1021 to evaluate the written examinations and operating tests 
prepared by power reactor facility licensees pursuant to paragraph (b) 
of this section.'' 10 CFR 55.40(b)(1) requires licensees to prepare and 
evaluate written examinations and operating tests in accordance with

[[Page 17513]]

NUREG-1021 as described in 10 CFR 55.40(a). NUREG-1021 explains the 
policies, procedures, and practices for a particular aspect of the 
operator testing program.
    NUREG-1021, Revision 9, Supplement 1, establishes the policies, 
procedures, and practices for administering the required initial 
written examinations and operating tests, and is appropriate to use for 
currently operating pressurized water reactors (PWR) and boiling water 
reactors (BWR). NUREG-1021, Revision 10, allows for the preparation, 
administration, and evaluation of initial operator licensing 
examinations for the currently operating PWRs, BWRs, as well as the 
Westinghouse AP1000 reactors (AP1000), and the General Electric 
Advanced Boiling Water Reactor (ABWR). NUREG-1021, Revision 10, also 
contains a new examination standard, ES-401N, ``Preparing Initial Site-
Specific Written Examinations,'' which ensures the equitable and 
consistent administration and evaluation of examinations for all 
applicants.
    Under 10 CFR 55.40(b)(1), the licensee is required, as described in 
10 CFR 55.40(a), to use NUREG-1021, Revision 9, Supplement 1, to 
prepare the AP1000 operator licensing written examinations and operator 
testing for the initial licensing examination of reactor operators and 
senior reactor operators (applicants) because NUREG-1021, Revision 10, 
which was published on January 2, 2015, will not be in effect for six 
months, or until July 2, 2015. This limited, one-time exemption would 
allow the licensee to use NUREG-1021, Revision 10, for the preparation 
and administration of the VCSNS initial operator licensing written 
examinations and operator testing prior to July 2, 2015.

III. Discussion

    Pursuant to 10 CFR 55.11, the Commission may, upon application by 
an interested person, or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 55 when the exemptions are authorized 
by law and will not endanger life or property and are otherwise in the 
public interest.

A. Authorized by Law

    This exemption would allow the licensee to develop, prepare, and 
evaluate initial operator licensing written examinations and operator 
testing for the AP1000 reactors under construction at its Fairfield 
County, South Carolina site prior to July 2, 2015. Under 10 CFR 55.11, 
the Commission's regulations allow the Commission to grant exemptions 
from the regulations in 10 CFR part 55 as the Commission determines are 
authorized by law and will not endanger life or property and are 
otherwise in the public interest. The NRC staff has determined that 
granting of this limited, one-time exemption will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or other laws, 
and will not endanger life or property and is otherwise in the public 
interest. Therefore, the exemption is authorized by law.

B. No Endangerment of Life or Property

    The purpose of 10 CFR part 55 is to establish the procedures and 
criteria for the issuance of licenses to reactor operators and senior 
reactor operators, provide the terms and conditions upon which the 
Commission will issue or modify those licenses, and provide the terms 
and conditions to maintain and renew those licenses. Specifically, 10 
CFR 55.40(b) establishes the criteria licensees must use for the 
preparation and evaluation of the written examinations required by 10 
CFR 55.41 and 10 CFR 55.43, and the operating tests required by 10 CFR 
55.45. 10 CFR 55.40(b)(1) requires licensees to prepare these written 
examinations and operating tests in accordance with the criteria in 
NUREG-1021, ``Operator Licensing Examination Standards for Power 
Reactors,'' as described in 10 CFR 55.40(a), which requires the use of 
the version of NUREG-1021 in effect six months before the examination 
date. NUREG-1021, Revision 9, Supplement 1, which does not address 
examination standards for the AP1000 reactor, is currently in effect. 
NUREG-1021, Revision 9 requires the use of NUREG-1122, ``Knowledge and 
Abilities Catalog for Nuclear Power Plant Operators: Pressurized-Water 
Reactors.'' NUREG-1122 provides the basis for developing content-valid 
PWR licensing examinations and, in conjunction to the instructions in 
NUREG-1021, will ensure that the initial licensing examination includes 
a representative sample of the items specified in the regulations.
    VCSNS will include two new Westinghouse AP1000 pressurized-water 
reactors, which are currently under construction at the site. The most 
significant new features in the AP1000 design involve the increased use 
of passive safety systems for accident prevention and mitigation that 
rely on passive means, such as gravity, natural circulation, 
condensation and evaporation, and stored energy. As a result, the 
AP1000 design includes many features that are not found in the designs 
of currently operating reactors, and certain systems, components, and 
processes that are part of the currently operating pressurized-water 
reactors are not a part of the AP1000 design. The AP1000 has numerous 
systems, including safety systems, not covered in NUREG-1122 that 
should be tested as part of a comprehensive operator licensing 
examination. Similarly, the knowledge, skills, and abilities of current 
PWR licensed operators are somewhat different from those of the future 
AP1000 licensed operators.
    NUREG-1021, Revision 10, which addresses the AP1000 reactor, was 
issued on January 2, 2015, and does not go into effect until July 2, 
2015. NUREG-1021, Revision 10, in addition to providing guidance for 
currently operating PWRs and BWRs, contains a new examination standard, 
ES-401N, ``Preparing Initial Site-Specific Written Examinations.'' ES-
401N will provide guidance for the preparation and evaluation of the 
AP1000 design and site specific examinations. ES-401N provides for the 
use of NUREG-2103, ``Knowledge and Abilities Catalog for Nuclear Power 
Plant Operators: Westinghouse AP1000 Pressurized-Water Reactors.'' 
NUREG-2103 provides the basis for developing content-valid AP1000 
licensing examinations and, in conjunction with the instructions in 
NUREG-1021, will ensure that the initial licensing examination includes 
a representative sample of the items specified in the regulations and 
improve the comprehensiveness of the examination over an examination 
developed using NUREG-1021, Revision 9. Accordingly, the NRC staff has 
determined that granting of the exemption will not endanger life or 
property.

C. Otherwise in the Public Interest

    The purpose of 10 CFR part 55 is to establish the procedures and 
criteria for the issuance of licenses to reactor operators and senior 
reactor operators, provide the terms and conditions upon which the 
Commission will issue or modify those licenses, and provide the terms 
and conditions to maintain and renew those licenses. Specifically, 10 
CFR 55.40(b)(1) establishes the criteria licensees are required to use 
for the preparation and evaluation of the written examinations required 
by 10 CFR 55.41 and 10 CFR 55.43, and the operating tests required by 
10 CFR 55.45. 10 CFR 55.40(b)(1) requires licensees to prepare these 
written examinations and operating tests in accordance with the 
criteria in NUREG-1021, ``Operator Licensing Examination Standards for 
Power Reactors,'' as described in 10 CFR 55.40(a), which

[[Page 17514]]

requires the use of the version of NUREG-1021 in effect six months 
before the examination date.
    NUREG-1021, Revision 9, Supplement 1, which does not address 
AP1000, is currently in effect, while NUREG-1021, Revision 10, which 
does address AP1000, was issued on January 2, 2015, does not go into 
effect until July 2, 2015. Because the exemption enables the use of 
guidance specific to the new AP1000 reactors that was not available in 
the previous revision of NUREG-1021, and will allow the licensee to 
utilize the appropriate criteria to prepare and evaluate operator 
licensing written examinations and operating tests, the NRC staff 
determined that the exemption is otherwise in the public interest.

IV. Eligibility for Categorical Exclusion From Environmental Review

    With respect to the exemption's impact on the quality of the human 
environment, the NRC has determined that this specific exemption 
request is eligible for categorical exclusion as identified in 10 CFR 
51.22(c)(25) and justified by the NRC staff as discussed below.
    10 CFR 51.22(c)(25)(i): The criteria for determining whether there 
is no significant hazards consideration are found in 10 CFR 50.92(c)(1) 
through (3):
    (1) The proposed exemption is administrative in nature and is 
limited to allowing the licensee to use NUREG-1021, Revision 10, to 
prepare and evaluate operator licensing written examinations and 
operating tests prior to July 2, 2015. The proposed exemption does not 
make any changes to the facility or operating procedures and does not 
alter the design, function or operation of any plant equipment. 
Therefore, issuance of this exemption does not increase the probability 
or consequences of an accident previously evaluated.
    (2) The proposed exemption is administrative in nature and is 
limited to allowing the licensee to use NUREG-1021, Revision 10, to 
prepare and evaluate operator licensing written examinations and 
operating tests prior to July 2, 2015. The proposed exemption does not 
make any changes to the facility or operating procedures and would not 
create any new accident initiators. The proposed exemption does not 
alter the design, function, or operation of any plant equipment. 
Therefore, this exemption does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    (3) The proposed exemption is administrative in nature and is 
limited to allowing the licensee to use NUREG-1021, Revision 10, to 
prepare and evaluate operator licensing written examinations and 
operating tests prior to July 2, 2015. The proposed exemption does not 
alter the design, function, or operation of any plant equipment. 
Therefore, this exemption does not involve a significant reduction in 
the margin of safety.
    The NRC staff has also determined that the exemption involves no 
significant change in the types or significant increase in the amounts 
of any effluents that may be released offsite; that there is no 
significant increase in individual or cumulative occupational radiation 
exposure; that there is no significant construction impact; and there 
is no significant increase in the potential for or consequences from 
radiological accidents. The requirement from which an exemption is 
sought involves education, training, experience, qualification, 
requalification or other employment suitability requirements. 
Accordingly, the exemption meets the eligibility criteria for 
categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 
CFR 51.22(b), no environmental impact statement or environmental 
assessment need be prepared in connection with the issuance of the 
exemption.

V. Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
55.11, granting a limited, one-time exemption to the licensee from the 
requirements in 10 CFR 55.40(b)(1), allowing the use of NUREG-1021, 
Revision 10, for the preparation and evaluation of operator licensing 
written examinations and operator testing for the AP1000 reactors under 
construction at VCSNS, prior to July 2, 2015, is authorized by law and 
will not endanger life or property and is otherwise in the public 
interest. Therefore, the Commission hereby grants South Carolina 
Electric and Gas Company an exemption from the requirement of 10 CFR 
55.40(b)(1), to allow the use of NUREG-1021, Revision 10, for the 
preparation and evaluation of operator licensing written examinations 
and operator testing for the AP1000 reactors under construction at the 
VCSNS, prior to July 2, 2015.
    Pursuant to 10 CFR 51.22, the Commission has determined that the 
exemption request meets the applicable categorical exclusion criteria 
set forth in 10 CFR 51.22(c)(25), and the granting of this exemption 
will not have a significant effect on the quality of the human 
environment.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 19th day of March 2015.

    For The Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2015-07473 Filed 3-31-15; 8:45 am]
 BILLING CODE 7590-01-P