[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9400-9402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02414]


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NUCLEAR REGULATORY COMMISSION

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


Southern Nuclear Operating Company, Vogtle Electric Generating 
Station, Units 3 and 4; Qualified Data Processing System and Safety 
Display

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 is issuing 
License Amendment No. 60 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

[[Page 9401]]

(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.

DATES: The exemption and amendment were issued on December 16, 2016.

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 it is mentioned in this 
document. The request for the amendment and exemption was submitted by 
letter dated September 9, 2016 (ADAMS Accession No. ML16327A639).
     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].

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. 60 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.
    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. ML16327A639.
    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. ML16327A628 and 
ML16327A632, 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. ML16327A623 and 
ML16327A626, 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 Vogtle 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 September 9, 2016, 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 16-020, 
``Qualified Data Processing System and Safety Display (LAR 16-020).''
    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. ML16327A639, 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;
    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 information, with corresponding changes to 
Appendix C of the Facility Combined Licenses as described in the 
licensee's request dated September 9, 2016. This exemption is related 
to, and necessary for, the granting of License Amendment No. 60, 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. ML16327A639), 
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 September 9, 2016, 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 
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

[[Page 9402]]

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 an opportunity for 
a hearing in connection with these actions, was published in the 
Federal Register on October 11, 2016 (81 FR 70175). 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 
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 on September 9, 2016. The exemption and amendment were issued 
on December 16, 2016, as part of a combined package to the licensee 
(ADAMS Accession No. ML16327A606).

    Dated at Rockville, Maryland, this 31st 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. 2017-02414 Filed 2-3-17; 8:45 am]
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