[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Pages 61719-61721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21438]



[Docket Nos. 52-025 and 52-026; NRC-2008-0252]

Southern Nuclear Operating Company, Inc., Vogtle Electric 
Generating Plant, Units 3 and 4; Diverse Actuation System Cabinet 

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

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generic design control document (DCD) and is issuing License Amendment 
No. 50 to Combined Licenses (COLs), NPF-91 and NPF-92. The COLs were 
issued to Southern Nuclear Operating Company, Inc., and Georgia Power 
Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power 
SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, and the City of 
Dalton, Georgia (the licensee); for construction and operation of the 
Vogtle Electric Generating Plant (VEGP) Units 3 and 4, located in Burke 
County, Georgia.
    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-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, using any of the following 
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. 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 it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. The request for the amendment and exemption was submitted by 
letter dated October 15, 2015, and available in ADAMS under Accession 
No. ML15288A549.
     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: Paul Kallan, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2809; email: [email protected].


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. 50 to COLs, NPF-91 and NPF-
92, to the licensee. The exemption is required by Paragraph A.4 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 proposed changes that 
would revise the Updated Final Safety Analysis Report in the form of 
departures from the incorporated plant-specific DCD Tier 2 information. 
The proposed amendment also involves related changes to plant-specific 
Tier 1 information, with corresponding changes to the associated COL 
Appendix C information. Specifically, the licensee requested 
reconfiguration and relocation of the diverse actuation system 
cabinets. 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 Section VIII.A.4 of 
appendix D to 10 CFR part 52. The license amendment was found to be 
acceptable as well. The combined safety evaluation is available in 
ADAMS under Accession No. ML16103A438.
    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). The exemption documents for VEGP Units 3 and 
4 can be found in ADAMS under Accession Nos. ML16103A412 and 
ML16103A419, 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. ML16103A407 and 
ML16103A410, 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 Unit 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 October 15, 2015, the licensee requested from 
the Commission an exemption from the provisions of 10 CFR part 52, 
appendix D, Section III.B, as part of license amendment request 15-005, 
``Diverse Actuation System (DAS) Cabinet Changes (LAR 15-005).''
    For the reasons set forth in Section 3.1, ``Evaluation of 
Exemption,'' of the NRC staff's safety evaluation, which can be found 
in ADAMS under Accession No. ML16103A438, the Commission finds that:
    A. The exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
    C. the exemption is consistent with the common defense and 
    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 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 from the 
certified DCD Tier 1 information, with corresponding changes to 
Appendix C of the Facility COLs as described in the licensee's request 
dated October 15, 2015. This exemption is related to, and necessary 
for, the granting of License Amendment No. 50, which is being issued 
concurrently with this exemption.
    3. As explained in Section 5.0, ``Environmental Consideration,'' of 
the NRC staff's safety evaluation (ADAMS Accession No. ML16103A438), 
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 statement or environmental assessment needs 
to be prepared in connection with the issuance of the exemption.

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    4. This exemption is effective as of the date of its issuance.

III. License Amendment Request

    By letter dated October 15, 2015, the licensee requested that the 
NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The 
proposed amendment is described in Section I of this Federal Register 
    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 COL, 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 27, 2015 (80 FR 65807). No comments were received during the 
30-day comment period.
    The Commission has determined that these amendments satisfy the 
criteria for categorical exclusion in accordance with 10 CFR 51.22. 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment need be prepared for these 

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 October 15, 2015. The exemption and amendment were issued 
on April 12, 2016 as part of a combined package to the licensee (ADAMS 
Accession No. ML16103A382).

    Dated at Rockville, Maryland, this 29th day of August 2016.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Acting Chief, Licensing Branch 4, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2016-21438 Filed 9-6-16; 8:45 am]