[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Notices]
[Pages 75480-75483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30536]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-016; NRC-2008-0066]
Dominion Virginia Power Combined License Application for North
Anna, Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in a response to a September 23, 2015, letter from Dominion
Virginia Power (Dominion or applicant), which requested an exemption
from the requirement to submit an annual update of the Final Safety
Analysis Report (FSAR) included in Dominion's Combined License (COL)
application for calendar year 2015. The NRC staff reviewed this request
and determined that it is appropriate to grant the exemption based on
the schedule for completion of the applicant's seismic closure plan
(SCP) submitted on October 22, 2014, which outlined a revised approach
to performing certain aspects of the seismic analysis for the North
Anna 3 COL application (COLA) as well as use of the most current NRC-
approved ground motion model.
DATES: The effective date of the Dominion FSAR exemption issuance is
December 2, 2015.
ADDRESSES: Please refer to Docket ID NRC-2008-0066 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-2008-0066. 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
[[Page 75481]]
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.
FOR FURTHER INFORMATION CONTACT: James Shea, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-1388; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
By letter dated November 26, 2007 (ADAMS accession number
ML073320913), Dominion submitted its application to the NRC for a COL
to construct and operate a General Electric-Hitachi Economic Simplified
Boiling-Water Reactor (ESBWR) at North Anna Power Station (North Anna),
Unit 3 site pursuant to part 52 of title 10 of the Code of Federal
Regulations (10 CFR), ``Licenses, Certifications, and Approvals for
Nuclear Power Plants.'' By letter dated June 28, 2010, Dominion revised
its application to incorporate by reference the Mitsubishi Heavy
Industries, Ltd. United States-Advanced Pressurized Water Reactor
technology to construct and operate at the North Anna, Unit 3 site.
On August 23, 2011, a 5.8 magnitude earthquake occurred near
Mineral, Virginia, which is approximately 11 miles from the North Anna
Unit 3 site. In view of the earthquake, the NRC staff requested
additional analysis of the proposed reactor design to verify that the
design, if built at the North Anna site, would satisfy the requirements
of 10 CFR part 50, Appendix A, ``General Design Criteria,'' Criterion
2, ``Design Bases for Protection Against Natural Phenomena,'' and 10
CFR part 50, Appendix S, ``Earthquake Engineering Criteria for Nuclear
Power Plants.'' During the applicant's seismic evaluation, the NRC
staff had requests for additional information and had held public
meetings with the applicant to provide staff feedback on the North Anna
3 site seismic analyses.
By letter dated April 25, 2013, Dominion notified the NRC staff
that it planned to revert back to ESBWR reactor technology for its
North Anna Unit 3 COLA. Dominion then submitted a revised application
that incorporated by reference the ESBWR Design Control Document (DCD),
Revision 9, by letter dated December 18, 2013. After meeting with the
NRC staff in 2014 and performing seismic sensitivity analyses, Dominion
modified its site-specific seismic analyses approach intended to
simplify it and make it more consistent with the seismic analyses
presented in the ESBWR DCD. Therefore, in its SCP submitted on October
22, 2014 (ADAMS accession number ML14297A199), Dominion outlined a
schedule for completing all technical reports, analyses, and COLA
changes needed to address seismic issues by December 31, 2015.
II. Request/Action
The regulations specified in 10 CFR 50.71(e)(3)(iii) require that
an applicant for a COL under 10 CFR part 52 shall, during the period
from docketing of a COL application until the NRC makes a finding under
10 CFR 52.103(g) pertaining to facility operation, submit an annual
update to the application's FSAR, which is a part of the application.
Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the
North Anna, Unit 3, COL application FSAR would be due on or before
December 31, 2015. By letter to the NRC dated September 23, 2015,
Dominion requested a one-time exemption from the 10 CFR
50.71(e)(3)(iii) requirement to submit the scheduled 2015 COL
application FSAR update, and proposed a new submission deadline of June
30, 2016, for the next FSAR update (ADAMS Accession Number
ML15268A039). Dominion then proposes to submit the next annual FSAR
update required by 10 CFR 50.71(e)(3) in 2017.
Dominion's requested exemption is a one-time schedule change from
the requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as
requested, would allow Dominion to submit the next FSAR update no later
than June 30, 2016. Dominion states that the FSAR, if submitted as
requested, would include all the FSAR changes based on the Dominion SCP
to allow a more efficient and effective submittal of an updated FSAR
reflecting all changes associated with the site-specific seismic
analyses.
III. Discussion
Pursuant to 10 CFR 50.12, the NRC may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR part 50, including section 50.71(e)(3)(iii)
when: (1) The exemptions are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present.
As relevant to the requested exemption, special circumstances exist if:
(1) ``Application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule or is not necessary
to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); or (2) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation'' (10 CFR
50.12(a)(2)(v)).
The review of the North Anna, Unit 3, ESBWR COL application has
been ongoing since Dominion submitted the revised COL application dated
December 18, 2013. The technical issues currently under consideration
by the NRC staff are primarily associated with the revised North Anna,
Unit 3 seismic analyses, which Dominion has been addressing since it
submitted the revised COL application, as described in detail in the
2014 SCP. According to the SCP, in December 2015, Dominion is scheduled
to submit to the NRC technical reports and COL application markups that
incorporate the results of analyses of seismic design capacities of
certain structures, systems, and components. In addition, during the
week of September 28, 2015, the NRC staff completed an audit associated
with the proposed North Anna, Unit 3 site-specific seismic issues. The
NRC staff plans to conduct a second audit in the first or second
quarter of 2016 relating to the capacities of the systems structures
and components to withstand the site-specific seismic ground motion.
Therefore, the NRC staff may identify additional requests for
information regarding seismic issues in the course of its review
through the end of December 2015; as a result of the technical reports
and COL application markups due to be submitted in December 2015; and
as a result of the second technical audit planned for spring 2016. The
COL application markups due in December 2015, together with any NRC
staff requests for additional information, will likely result in the
need to change the FSAR. These changes could not be completed before
the current FSAR update is due at the end of calendar year 2015.
[[Page 75482]]
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as requested,
would allow Dominion to submit the next North Anna, Unit 3, COL
application FSAR update on or before June 30, 2016, in lieu of the
required scheduled submittal on or before December 31, 2015. As stated
above, 10 CFR 50.12 allows the NRC to grant such an exemption. The NRC
staff has determined that granting Dominion a one-time exemption from
the requirements of 10 CFR 50.71(e)(3)(iii) with updates to the FSAR to
be submitted on or before June 30, 2016, will provide only temporary
relief from this regulation and will not result in a violation of the
Atomic Energy Act of 1954, as amended, or NRC regulations. Therefore,
the exemption is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
a timely and comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
the NRC staff and issuance of the NRC staff's safety evaluation report.
The requested exemption is solely administrative in nature, in that it
pertains to the schedule for submission to the NRC of revisions to an
application under 10 CFR part 52, for which a license has not been
granted. Based on the nature of the requested exemption as described
above, no new accident precursors are created by the exemption; thus,
neither the probability, nor the consequences of postulated accidents
are increased. Therefore, there is no undue risk to public health and
safety.
Consistent With Common Defense and Security
The exemption would allow Dominion to submit the next FSAR update
prior to final North Anna, Unit 3 NRC staff safety evaluation. This
schedule change has no relation to security issues. Therefore, the
common defense and security is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present whenever: (1) Application of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); or (2) The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation (10 CFR
50.12(a)(2)(v)).
The underlying purpose of 10 CFR 50.71(e)(3)(iii) in the context of
a COL application is to provide for a timely and comprehensive update
of the FSAR associated with a COL application in order to support an
effective and efficient review by the NRC staff and issuance of the NRC
staff's safety evaluation report. As discussed above, the requested
one-time exemption is solely administrative in nature, in that it
pertains to a one-time schedule change for submittal of revisions to an
application under 10 CFR part 52, for which a license has not been
granted. In addition, since the remaining review of the application
primarily relates to the issues discussed in the Dominion SCP, there
will not likely be any significant FSAR updates until the elements of
the SCP and the NRC staff seismic audits are completed. Completion of
the SCP (through submission of technical reports and COL application
markups) in December 2015 and the additional information submitted as a
result of NRC staff audits scheduled for spring of 2016 cannot be
reflected in a December 2015 FSAR update, but will be reflected in an
FSAR update scheduled for June 2016. At that time, the revised FSAR
update submitted by Dominion will be reviewed by the NRC to confirm
that COL markups and changes identified in requests for additional
information responses will be reflected in the FSAR prior to completion
of the final North Anna, Unit 3 NRC staff safety evaluation. The
requested one-time exemption would permit Dominion time to submit all
the necessary technical information for NRC staff review and the
updated COL markups associated with the revised North Anna, Unit 3,
seismic analyses in accordance with the submitted Dominion SCP. The NRC
staff has determined that this one-time exemption will support the
staff's effective and efficient review of the COL application, as well
as issuance of the safety evaluation report, and, therefore, submission
of an FSAR update in December 2015 is not necessary to achieve the
underlying purpose of 10 CFR 50.71(e)(3)(iii). Accordingly, the NRC
staff finds that special circumstances are present under 10 CFR
50.12(a)(2)(ii) in connection with Dominion's requested exemption.
Further, the NRC staff finds that granting a one-time exemption
from 10 CFR 50.71(e)(3)(iii) would provide only temporary relief, since
Dominion would update the FSAR in June 2016. The 2014 Dominion SCP
outlined the approach to meet NRC regulatory requirements and address
requests for additional information as a result of NRC staff technical
review. Under the Dominion SCP for the proposed North Anna, Unit 3,
technical reports and analyses have been submitted as they have been
completed to date, and two sets of COLA markups (the first revising
geotechnical information and the second incorporating the results of
soil-structure interaction analyses, structure-soil-structure
interaction analyses, and stability analyses) have been completed and
submitted for NRC staff review. As described in the Dominion SCP, the
last technical reports and a third set of COLA markups, which
incorporate the results of the analyses of the design capacities of
certain structures, systems, and components (SSCs), are scheduled in
the SCP to be submitted in December 2015. Accordingly, the NRC staff
finds that Dominion has made good faith efforts to comply with the
regulation, and the special circumstances defined by 10 CFR
50.12(a)(2)(v) are present.
Therefore, the special circumstances required by 10 CFR 50.12(a)(2)
for the granting of an exemption from 10 CFR 50.71(e)(3)(iii) exist.
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). Under 10 CFR 51.22(c)(25), granting of an exemption from
the requirements of any regulation of 10 CFR Chapter 1 (which includes
10 CFR 50.71(e)(3)(iii)) is an action that is a categorical exclusion,
provided that:
(i) There is no significant hazards consideration;
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
(iv) There is no significant construction impact;
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
(vi) The requirements from which an exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance requirements;
(D) Equipment servicing or maintenance scheduling requirements;
[[Page 75483]]
(E) Education, training, experience, qualification, requalification
or other employment suitability requirements;
(F) Safeguard plans, and materials control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity requirements; or
(I) Other requirements of an administrative, managerial, or
organizational nature.
The requirements from which this exemption is sought involve only
``(B) Reporting requirements'' or ``(G) Scheduling requirements'' of
those required by 10 CFR 51.22(c)(25)(vi).
The NRC staff's determination that each of the applicable criteria
for this categorical exclusion is met as follows:
I. 10 CFR 51.22(c)(25)(i): There is no significant hazards
consideration.
Staff Analysis: The criteria for determining if an exemption
involves a significant hazards consideration are found in 10 CFR 50.92.
The proposed action involves only a schedule change regarding the
submission of an update to the application for which the licensing
review is ongoing. Therefore, there is no significant hazard
consideration because granting the proposed exemption would not:
(1) Involve a significant increase in the probability or
consequences of an accident previously evaluated; or
(2) Create the possibility of a new or different kind of accident
from any accident previously evaluated; or
(3) Involve a significant reduction in a margin of safety.
II. 10 CFR 51.22(c)(25)(ii): There is no significant change in the
types or significant increase in the amounts of any effluents that may
be released offsite.
Staff Analysis: The proposed action involves only a schedule
change, which is administrative in nature, and does not involve any
changes in the types or significant increase in the amounts of
effluents that may be released offsite.
III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in
individual or cumulative public or occupational radiation exposure.
Staff Analysis: Since the proposed action involves only a schedule
change, which is administrative in nature, it does not contribute to
any significant increase in occupational or public radiation exposure.
IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction
impact.
Staff Analysis: The proposed action involves only a schedule
change, which is administrative in nature. The NRC has not granted the
COL application, and the requested exemption will not allow
construction at the North Anna site; therefore, the proposed action
does not involve any construction impact.
V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the
potential for or consequences from radiological accidents.
Staff Analysis: The proposed action involves only a schedule change
which is administrative in nature and does not impact the probability
or consequences of accidents.
VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this
exemption is sought involve only ``(B) Reporting requirements'' or
``(G) Scheduling requirements.''
Staff Analysis: The exemption request involves requirements in both
of these categories because it involves submitting an updated FSAR by
Dominion, and also relates to the schedule for submitting FSAR updates
to the NRC.
Accordingly, Dominion's exemption requests satisfies the criteria
of 10 CFR 51.22(c)(25) for categorical exclusion from environmental
review, and the granting of this exemption will not have a significant
effect on the quality of the human environment.
IV. Conclusion
The NRC has determined that, pursuant to 10 CFR 50.12, the
exemption is authorized by law, will not present an undue risk to the
public health and safety, and is consistent with the common defense and
security. Also, special circumstances as described in 10 CFR
50.12(a)(2)(ii) and (v) are present. Therefore, the NRC hereby grants
Dominion a one-time exemption from the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the North Anna, Unit 3, COL application
to allow submission of the next North Anna 3 FSAR update no later than
June 30, 2016.
Pursuant to 10 CFR 51.22, the NRC 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 20th day November 2015.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2015-30536 Filed 12-1-15; 8:45 am]
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