[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92859-92860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30608]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-027 and 52-028; NRC-2008-0441]


South Carolina Electric & Gas Company; South Carolina Public 
Service Authority; Virgil C. Summer Nuclear Station, Units 2 and 3; 
Containment Hydrogen Igniter Changes

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 elements of the certification 
information in Tier 1 of the AP1000 generic Design Control Document 
(DCD), as specified in License Amendment Request 14-18, and is issuing 
License Amendment No. 54 to Combined Licenses (COLs), NPF-93 and NPF-
94. The COLs were issued to South Carolina Electric & Gas Company and 
the South Carolina Public Service Authority, (both collectively 
referred to as 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 granting of the exemption allows the changes to plant-specific 
Tier 1 information, and the associated COL Appendix C, requested 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.

DATES: The exemption was issued on November 21, 2016.

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: 301-415-
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 May 6, 2015 (ADAMS Accession No. ML15127A177) and 
supplemented by letter dated December 15, 2015 (ADAMS Accession No. 
ML15350A193).
     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: William Gleaves, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-5848; email: [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. 54 to COLs, NPF-93 and NPF-
94, 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 to 
the Updated Final Safety Analysis Report (UFSAR) in the form of 
departures from the incorporated plant-specific Design Control Document 
(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 changes to plant-specific Tier 1 (and COL Appendix 
C) tables and UFSAR tables, text, and figures related to the addition 
of two hydrogen igniters above the in-containment refueling water 
storage tank roof vents. 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. ML16145A474.
    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). The exemption documents for VCSNS Units 2 
and 3 can be found in ADAMS under Accession Nos. ML16145A455 and 
ML16281A132, 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. ML16145A408 and 
ML16145A423, 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 Unit 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 May 6, 2015, as supplemented by letter dated 
December 15, 2015, the licensee requested from the Commission an 
exemption to allow departures to plant-specific Tier 1, and the 
associated COL Appendix C, information from the certified AP1000 DCD 
that was incorporated by reference to 10 CFR part 52, Appendix d, as 
part of License Amendment Request 14-18, ``Containment Hydrogen Igniter 
Changes.''
    For the reasons set forth in Section 3.1, of the NRC staff's Safety 
Evaluation that supports this license amendment, which can be found at 
ADAMS Accession No. ML16145A474, 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;

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    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 from the 
certified AP1000 DCD plant-specific Tier 1 information, with 
corresponding changes to Appendix C of the Facility Combined License as 
described in the licensee's request dated May 6, 2015, as supplemented 
by letter dated December 15, 2015. This exemption is related to, and 
necessary for, the granting of License Amendment No. 54, which is being 
issued concurrently with this exemption.
    3. As explained in Section 5 of the NRC staff's Safety Evaluation 
that supports this license amendment, 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 the date of its issuance.

III. License Amendment Request

    By letter dated May 6, 2015, as supplemented by letter dated 
December 15, 2015, the licensee requested that the NRC amend the COLs 
for VCSNS, Units 2 and 3, COLs NPF-93 and NPF-94. The proposed 
amendment is described in Section I of this Federal Register Notice.
    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 
September 29, 2015 (80 FR 58519). No comments were received during the 
30-day comment period. The supplement contained no information that 
would change the original proposed no significant hazards consideration 
determination.
    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 
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 by letter dated May 6, 2015 and supplemented on December 15, 
2015.
    The exemption and amendment were issued on November 21, 2016 as 
part of a combined package to the licensee (ADAMS Accession No. 
ML16145A391).

    Dated at Rockville, Maryland, this 12th day of December 2016.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2016-30608 Filed 12-19-16; 8:45 am]
 BILLING CODE 7590-01-P