[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8224-8225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01548]



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NUCLEAR REGULATORY COMMISSION

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


Southern Nuclear Operating Company, Inc., Vogtle Electric 
Generating Plant, Units 3 and 4 CA04 Structural Module ITAAC Dimensions 
Change

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 the certification information of 
Tier 1 of the generic design control document (DCD) and issuing License 
Amendment No. 42 to Combined Licenses (COL), NPF-91 and NPF-92. The 
COLs were issued to Southern Nuclear Operating Company, Inc. (SNC), 
Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, 
LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of 
Dalton, Georgia (together ``the licensees''), for construction and 
operation of 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 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: January 24, 2017.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 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-2008-0252. 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 a document is referenced. The 
request for the amendment and exemption was submitted by the letter 
dated September 18, 2015 (ADAMS Accession No. ML15261A757).
     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: Chandu Patel, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-3025; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is granting an exemption from Tier 1 information in the 
certified DCD incorporated by reference in part 52 of Title 10 of the 
Code of Federal Regulations (10 CFR), appendix D, ``Design 
Certification Rule for the AP1000 Design,'' and issuing License 
Amendment No. 42 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 related to the design 
details of the containment internal structural wall modules (CA04, 
CA01, and CB65). The proposed changes to Tier 2 information in the VEGP 
Units 3 and 4 Updated Final Safety Analysis Report (UFSAR), plant-
specific Tier 1 information, and corresponding COL Appendix C 
information would allow an increase of the concrete wall thickness 
tolerances. The proposed changes would allow:
    (1) A change to Tier 2 information in UFSAR Subsection 3.8.3.6.1, 
``Fabrication, Erection, and Construction of Structural Modules,'' to 
allow an increase in wall thickness tolerance beyond the American 
Concrete Institute (ACI) 117, ``Standard Specifications for Tolerance 
for Concrete Construction and Material,'' specified tolerance for some 
Containment Internal Structure (CIS) walls, and
    (2) the addition of Note 10 to Tier 1 Table 3.3-1, which provides 
the wall thickness tolerance deviations.
    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 10 CFR 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. ML15302A473.
    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). These documents are available in ADAMS under 
Accession Nos. ML15302A418 and ML15302A443, 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. 
ML15302A406 and ML15302A413, 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 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 September 18, 2015, Southern Nuclear Operating 
Company, Inc. (licensee) requested from the NRC an exemption to allow 
departures from Tier 1 information in the certified Design Control 
Document (DCD) incorporated by reference in 10 CFR part 52, appendix D, 
``Design Certification Rule for the AP1000 Design,'' as part of license 
amendment request (LAR) 15-015, ``CA04 Structural Module Inspection, 
Test, Analysis, and Acceptance Criteria Dimensions Change.''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation, which can be found in ADAMS under Accession No. 
ML15302A473, the Commission finds that:
    A. The exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
safety;

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    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 from the 
certified DCD Tier 1 Table: 3.3-1, as described in the licensee's 
request dated September 18, 2015. This exemption is related to, and 
necessary for the granting of License Amendment No. 42, which is being 
issued concurrently with this exemption.
    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation 
(ADAMS Accession No. ML15302A473), 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

    The request for the amendment and exemption was submitted by the 
letter dated September 18, 2015. The proposed amendment is described in 
Section I, above.
    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 8, 2015 (80 FR 60937). Comments were received 
during the 30-day comment period.

IV. Public Comments

    On November 9, 2015, the staff received a public comment from the 
Blue Ridge Environmental Defense League and its Chapter Concerned 
Citizens of Shell Bluff (BREDL), regarding the proposed amendment 
request for the VEGP, Units 3 and 4. This document can be found in 
ADAMS under Accession No. ML15320A016. On December 7, 2015, BREDL filed 
its Petition and on December 23, 2015, BREDL filed a corrected petition 
(ADAMS Accession Nos. ML15341A348 and ML15357A000, respectively). On 
January 4, 2016, NRC and SNC filed their respective answers to the 
Petition for Leave to Intervene and Request for Hearing (ADAMS 
Accession Nos. ML16004A471 and ML16004A479, respectively). The Atomic 
Safety and Licensing Board issued a ruling on the VEGP Units 3 and 4 
license amendment request contention admissibility proceeding on April 
29, 2016. This document can be found in ADAMS under Accession No. 
ML16120A508.
    The NRC staff has found that the amendment involves no significant 
hazards consideration. 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.

V. 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 September 18, 2015. The exemption and amendment were 
issued on December 16, 2015, as part of a combined package to the 
licensee (ADAMS Accession No. ML15302A398).

    Dated at Rockville, Maryland, this 12th day of January 2017.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2017-01548 Filed 1-23-17; 8:45 am]
 BILLING CODE 7590-01-P