[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14760-14764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05690]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 052-00025 and 052-00026; NRC-2008-0252]
Vogtle Electric Generating Plant, Units 3 and 4
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment and exemption to Combined Licenses (NPF-91 and
NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), 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 (together ``the licensees''), for
construction and operation of the Vogtle Electric Generating Plant
(VEGP), Units 3 and 4, located in Burke County, Georgia.
DATES: Submit comments by April 21, 2017. Requests for a hearing or
petition for leave to intervene must be filed by May 22, 2017.
ADDRESSES: You may submit comments by 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.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
[[Page 14761]]
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. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2008-0252 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252.
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
application for amendment, dated February 17, 2017, is available in
ADAMS under Accession No. ML17048A533.
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.
B. Submitting Comments
Please include Docket ID NRC-2008-0252 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Facility
Operating License Nos. NPF-91 and NPF-92, issued to SNC and Georgia
Power Company for operation of the VEGP Units 3 and 4, located in Burke
County, Georgia.
The proposed changes would revise the Combined Licenses concerning
the design details of the Protection and Safety Monitoring System (PMS)
including the reactor trip system (RTS) and the engineered safety
feature actuation system (ESFAS), the passive core cooling system
(PXS), the steam generator blowdown system, and the spent fuel pool
cooling system (SFS). In addition, revisions are proposed to combined
license, Appendix A, Technical Specifications. This proposed change
requires a departure from Tier 1 information in the Westinghouse AP1000
Design Control Document (DCD), therefore the licensee also requested an
exemption from the requirements of the Generic DCD Tier 1 in accordance
with Sec. 52.63(b)(1) of title 10 of the Code of Federal Regulations
(10 CFR).
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in 10 CFR 50.92, this means that operation of the
facility in accordance with the proposed amendment 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. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change to add IRWST [in-containment refueling water
storage tank] lower narrow range level instruments addresses the
accuracy required to initiate IRWST containment recirculation
following a design basis accident in order to mitigate the
consequences of the accident. The proposed change to add the new
defense-in-depth refueling cavity and SFS isolation of Low IRWST
wide range level addresses a seismic or other event resulting in a
pipe rupture in the nonsafety-related, nonseismic SFS when connected
to the IRWST that could potentially result in a loss of IRWST
inventory. Isolation of the SFS from IRWST to mitigate the
consequences of a design basis accident continues to be implemented
by the existing containment isolation function, and does not rely on
the new defense-in-depth refueling cavity and SFS isolation on Low
IRWST wide range level. The addition of RTS and ESFAS P-9 interlocks
and blocks does not affect the availability of the actuated
equipment to perform their design functions to mitigate the
consequences of an accident. The proposed changes do not involve any
accident initiating component/system failure or event, thus the
probabilities of the accidents previously evaluated are not
affected.
The affected equipment does not adversely affect or interact
with safety-related equipment or a radioactive material barrier, and
this activity does not involve the containment of radioactive
material. Thus, the proposed changes would not adversely affect any
safety-related accident mitigating function. The radioactive
material source terms and release paths used in the safety analyses
are unchanged, thus the radiological releases in the UFSAR accident
analyses are not affected.
These proposed changes to the PMS design do not have an adverse
effect on any of the design functions of the affected actuated
systems. The proposed changes do not affect the support, design, or
operation of mechanical and fluid systems required to mitigate the
consequences of an accident. There is no change to plant systems or
the response of systems to postulated accident conditions. There is
no change to the predicted radioactive releases due to postulated
accident conditions. The plant response to previously evaluated
accidents or external events is not adversely affected, nor do the
proposed changes create any new accident precursors.
Therefore, the requested amendment does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed changes to add IRWST lower narrow range level
instruments include requirements similar in function and
qualification to many safety-related instruments already performing
the affected safety functions as described in the current licensing
basis to enable the RTS and ESFAS to perform required design
functions, and are consistent with other Updated Final Safety
Analysis Report (UFSAR) information. The proposed change to add the
new defense-in-depth refueling cavity and SFS isolation on Low IRWST
wide range level addresses a seismic or other event resulting in a
postulated pipe rupture in the nonsafety-
[[Page 14762]]
related, nonseismic SFS when connected to the IRWST that could
potentially result in a loss of IRWST inventory. Isolation of the
SFS from IRWST to mitigate the consequences of a design basis
accident continues to be implemented by the existing containment
isolation function, and does not rely on the new defense-in-depth
refueling cavity and SFS isolation of Low IRWST wide range level.
The addition of RTS and ESFAS P-9 interlocks and blocks does not
affect the availability of the actuated equipment to perform their
design functions to mitigate the consequences of an accident. This
activity does not allow for a new radioactive material release path,
result in a new radioactive material barrier failure mode, or create
a new sequence of events that would result in significant fuel
cladding failures.
The proposed changes revise the PMS design. The proposed changes
do not adversely affect the design requirements for the PMS, or the
design requirements of associated actuated systems. The proposed
changes do not adversely affect the design function, support design,
or operation of mechanical and fluid systems.
The proposed changes to the PMS do not result in a new failure
mechanism or introduce any new accident precursors. No design
function described in the UFSAR is adversely affected by the
proposed changes.
Therefore, the requested amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
No safety analysis or design basis acceptance limit or
acceptance criterion is challenged or exceeded by the proposed
changes, and no margin of safety is reduced. The proposed change to
add the new defense-in-depth refueling cavity and SFS isolation on
Low IRWST wide range level addresses a seismic or other event
resulting in a postulated pipe rupture in the nonsafety-related,
nonseismic SFS when connected to the IRWST, maintaining the required
IRWST inventory and preserving the original margin of safety assumed
for the PXS and SFS.
Therefore, the requested amendment does not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should circumstances change during the 30-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, the Commission will publish a notice of issuance in the Federal
Register. Should the Commission make a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective,
[[Page 14763]]
notwithstanding the request for a hearing. Any hearing would take place
after issuance of the amendment. If the final determination is that the
amendment request involves a significant hazards consideration, then
any hearing held would take place before the issuance of the amendment
unless the Commission finds an imminent danger to the health or safety
of the public, in which case it will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by May
22, 2017. The petition must be filed in accordance with the filing
instructions in the ``Electronic Submissions (E-Filing)'' section of
this document, and should meet the requirements for petitions set forth
in this section, except that under 10 CFR 2.309(h)(2) a State, local
governmental body, or federally recognized Indian Tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC's Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://
[[Page 14764]]
adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. However, in some instances, a
request to intervene will require including information on local
residence in order to demonstrate a proximity assertion of interest in
the proceeding. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated February 17, 2017.
Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Branch Chief: Jennifer Dixon-Herrity.
Dated at Rockville, Maryland, this 8th day of March 2017.
For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2017-05690 Filed 3-21-17; 8:45 am]
BILLING CODE 7590-01-P