[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 58028-58030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26512]


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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; Clarification of Protection and Safety 
Monitoring System (PMS) Interdivisional Cables in Auxiliary Building 
Fire Areas

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 Nos. 94 and 93 to Combined Licenses (COL), NPF-91 and 
NPF-92, respectively. 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 November 1, 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 it is mentioned in this 
document. The request for the amendment and exemption was submitted by 
letter dated April 6, 2017, as supplemented by letter dated August 18, 
2017, and available in ADAMS under Accession Nos. ML17096A765 and 
ML17230A359, respectively.
     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:

[[Page 58029]]

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 Nos. 94 and 93 to COLs, NPF-91 
and NPF-92, respectively, 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 in the form of departures from the incorporated plant-specific 
Design Control Document (PS-DCD) Tier 2 information and involves 
changes to COL Appendix C. The proposed changes impact Tier 1 of the 
PS-DCD, with corresponding changes to appendix C of the COL, to add 
Note 2 to Tier 1 Table 3.3-3, ``Class 1E Divisions in Nuclear Island 
Fire Areas,'' which identifies Class 1E divisional cables present in 
various Auxiliary Building Nuclear Island fire areas. The addition of 
Note 2 ensures the identification of Class 1E protection and safety 
monitoring system interdivisional fiber-optic cables that are 
terminated in the four (4) fire areas identified in Table 3.3-3.
    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 Sec. Sec.  50.12, 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. ML17244A247.
    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. ML17244A244 and 
ML17244A246, 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. ML17244A237 and 
ML17244A239, 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 April 6, 2017, as supplemented by letter dated 
August 18, 2017, 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 17-011, ``Clarification of Protection and 
Safety Monitoring System (PMS) Interdivisional Cables in Auxiliary 
Building Fire Areas.''
    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. 
ML17244A247, 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 License as described in the 
licensee's request dated April 6, 2017, as supplemented by letter dated 
August 18, 2017. This exemption is related to, and necessary for the 
granting of License Amendment No. 94 (Unit 3) and 93 (Unit 4), 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. ML17244A247), 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 April 6, 2017 (ADAMS Accession No. ML17096A765), as 
supplemented by letter dated August 18, 2017 (ADAMS Accession No. 
ML17230A359), 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 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 
May 9, 2017 (82 FR 21561). 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 April 6, 2017, as supplemented by letter dated August 18, 
2017.
    The exemption and amendment were issued on November 1, 2017, as 
part of a combined package to the licensee (ADAMS Accession No. 
ML17244A236).

    Dated at Rockville, Maryland, this 5th day of December 2017.


[[Page 58030]]


    For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity, Chief,
Licensing Branch 4, Division of New Reactor Licensing, Office of New 
Reactors.
[FR Doc. 2017-26512 Filed 12-7-17; 8:45 am]
 BILLING CODE 7590-01-P