[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5467-5468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02472]


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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; Shield Building Roof Changes

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 elements of the certification 
information of Tier 1 of the generic AP1000 design control document 
(DCD) and is issuing License Amendment Nos. 106 and 105 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, and the City of Dalton, Georgia 
(collectively referred to as 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 January 11, 2018.

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 website: 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 November 30, 2016, (ADAMS Accession No. ML16335A453) and 
revised by letters dated June 16 and October 6, 2017, (ADAMS Accession 
Nos. ML17167A335 and ML17279B086, respectively) designated License 
Amendment Request (LAR) 16-031.
     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: William (Billy) Gleaves, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-5848; 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. 106 and 105 to COLs, NPF-
91 and NPF-92, respectively, to the licensee. The exemption revises the 
plant-specific Tier 1 information and corresponding changes to COL 
Appendix C, and the amendment changes the plant-specific DCD Tier 2* 
and associated Tier 2 material incorporated into the VEGP Updated Final 
Safety Analysis Report, by revising the design details for the shield 
building roof, tension ring, and air inlets and removing tie rods. 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 proposed changes to plant-specific Tier 1 
information and corresponding changes to COL Appendix C, plant-specific 
DCD Tier 2*, and associated Tier 2 material incorporated into the VEGP 
Updated Final Safety Analysis Report, by revising the design details 
for the shield building roof, tension ring, and air inlets and removing 
tie rods. 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. ML17332A154.
    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. ML17332A152 and 
ML17332A153, 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.

[[Page 5468]]

ML17332A148 and ML17332A150, 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 November 30, 2016, as revised by letters dated 
June 16, and October 6, 2017, Southern Nuclear Operating Company 
requested from the Nuclear Regulatory Commission (NRC or Commission) 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) 16-031, ``Shield Building Roof 
Changes.''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation which can be found in (ADAMS Accession No. ML17332A154) 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, allowing changes to the plant-
specific DCD Tier 1 with corresponding changes to Appendix C of the 
Facility Combined License as described in the request dated November 
30, 2016, as revised by letters dated June 16, and October 6, 2017. 
This exemption is related to, and necessary for, the granting of 
License Amendment No. 106, 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. ML17332A154), 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 November 30, 2016, (ADAMS Accession No. 
ML16335A453) and revised by letters dated June 16 and October 6, 2017, 
(ADAMS Accession Nos. ML17167A335 and ML17279B086, respectively), 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 
March 8, 2017 (82 FR 13019). 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 November 30, 2016, as revised by letters dated June 16, 
and October 6, 2017.
    The exemption and amendment were issued to the licensee on January 
11, 2018, as part of a combined package (ADAMS Accession No. 
ML17332A146).

    Dated at Rockville, Maryland, this 2nd day of February 2018.

    For the Nuclear Regulatory Commission.

Jennifer L. Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2018-02472 Filed 2-6-18; 8:45 am]
 BILLING CODE 7590-01-P