[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14917-14919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05786]


-----------------------------------------------------------------------

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 Containment Hydrogen Igniter Changes

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 generic design control document (DCD) and is issuing 
License Amendment No. 61 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.

DATES: The exemption and amendment were issued on December 22, 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

[[Page 14918]]

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 February 6, 2015 (ADAMS Accession No. ML15037A715), as 
supplemented by letter dated September 15, 2015 (ADAMS Accession No. 
ML15258A555).
     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 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. 61 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 to 
the VEGP Units 3 and 4 Updated Final Safety Analysis Report (UFSAR) 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.
    The amendment authorizes changes to the VEGP Units 3 and 4 UFSAR: 
(1) To add two additional hydrogen igniters to the in-containment 
refueling water storage tank roof vents; (2) to remove control of the 
hydrogen igniters from the protection and safety monitoring system; (3) 
to clarify the controls available for the hydrogen igniters at the 
remote shutdown workstation; and (4) to make changes to the design 
aspects of the hydrogen igniters to maintain consistency within various 
licensing documents. 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. ML16096A449.
    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. ML16096A431 and 
ML16096A433, 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. ML16096A424 and 
ML16096A427, 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 February 6, 2015, and supplemented by letter 
dated September 15, 2015, the licensee requested from the Commission an 
exemption to allow departures from Tier 1 information in the certified 
DCD incorporated by reference in 10 CFR part 52, appendix D, as part of 
license amendment request 15-003, ``Containment Hydrogen Igniter 
Changes.''
    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. 
ML16096A449, 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 related to hydrogen igniter, as 
described in the licensee's request dated February 6, 2015, and 
supplemented by letter dated September 15, 2015. This exemption is 
related to, and necessary for the granting of License Amendment No. 61, 
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. ML16096A449), 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 February 6, 2015 (ADAMS Accession No. ML15037A715), 
as supplemented by letter dated September 15, 2015 (ADAMS Accession No. 
ML15258A555), 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 document.
    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.

[[Page 14919]]

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 
March 2, 2016 (81 FR 10920). Comments were received during the 30-day 
comment period.

IV. Public Comments

    A request for a hearing was filed on May 2, 2016, by the Blue Ridge 
Environmental Defense League (``BREDL'') and its chapter, Concerned 
Citizens of Shell Bluff (ADAMS Accession No. ML16124B062). The Atomic 
Safety and Licensing Board (ASLB) denied BREDL's request for hearing in 
an order dated September 16, 2016 (ADAMS Accession No. ML16259A157). 
Subsequently, on October 11, 2016, BREDL appealed the ASLB decision 
(ADAMS Accession No. ML16285A548). On February 16, 2017, the Commission 
affirmed the ASLB's decision (ADAMS Accession No. ML17047A149).
    Under its regulations, the Commission may issue and make an 
amendment immediately effective, notwithstanding the pendency before it 
of a request for a hearing from any person, in advance of the holding 
and completion of any required hearing, where it has made a final 
determination that no significant hazards consideration is involved.
    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.

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 February 6, 2015, and supplemented by letter dated 
September 15, 2015. The exemption and amendment were issued on December 
22, 2016, as part of a combined package to the licensee (ADAMS 
Accession No. ML16096A345).

    Dated at Rockville, Maryland, this 13th 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. 2017-05786 Filed 3-22-17; 8:45 am]
 BILLING CODE 7590-01-P