[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6887-6888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03169]


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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; Addition of In-Containment Refueling 
Water Storage Tank (IRWST); Lower Narrow Range Level Instrumentation

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 AP1000 design control document (DCD) and is 
issuing License Amendment Nos. 100 and 99 to Combined Licenses (COLs), 
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 (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 that is requested 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.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, 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 Jennifer Borges; 301-287-9127; 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 access publicly available documents online in the NRC 
Library 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 that document is available in ADAMS) 
is provided the first time that a document is referenced. The request 
for the amendment and exemption was submitted by letter dated February 
17, 2017 (ADAMS Accession No. ML17048A533) and supplemented by letters 
dated July 21, 2017 and October 3, 2017 (ADAMS Accession Nos. 
ML17202U703 and ML17276B556).
     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 exemptions 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. 100 and 99 to COLs, NPF-91 
and NPF-92, respectively, to the licensee. The exemptions are 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 proposes changes to the Updated Final Safety Analysis Report 
in the form of departures from the Plant-Specific Design Control 
Document (PS-DCD) Tier 2 information and involves changes to plant-
specific Tier 1 information (and corresponding changes to COL Appendix 
C). Specifically, the amendment proposes changes to the protection and 
safety monitoring system including the reactor trip system and the 
engineered safety feature actuation system, the passive core cooling 
system, the steam generator blowdown system, and the spent fuel pool 
cooling system. In addition, revisions are proposed to COL Appendix A, 
Technical Specifications.
    Part of the justification for granting the exemptions was provided 
by the review of the amendments. Because the exemption is necessary in 
order to issue the requested license amendment, the NRC granted the 
exemptions and issued the amendments 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 exemptions 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 amendments were found to be acceptable 
as well. The combined safety evaluation is available in ADAMS under 
Accession No. ML17284A075.
    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

[[Page 6888]]

documents for VEGP Units 3 and 4 can be found in ADAMS under Accession 
Nos. ML17284A068 and ML17284A069, 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. 
ML17284A070 and ML17284A073, 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 17, 2017, and supplemented by letters 
dated July 21, 2017, and October 3, 2017, 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 16-032, 
``Addition of In-containment Refueling Water Storage Tank (IRWST) Lower 
Narrow Range Level Instrumentation (LAR-16-032).''
    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. ML17284A075, 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 
Appendices A and C of the Facility Combined Licenses as described in 
the licensee's request dated February 17, 2017, and supplemented by 
letters dated July 21, 2017, and October 3, 2017. This exemption is 
related to, and necessary for, the granting of License Amendment Nos. 
100 and 99, 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. ML17284A075), 
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. These exemptions are effective as of the date of its issuance.

III. License Amendment Request

    By letter dated February 17, 2017, and supplemented by letters 
dated July 21, 2017, and October 3, 2017, 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 combined license, 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 22, 2017 (82 FR 14760). 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 February 17, 2017, and supplemented July 21, 2017 and 
October 3, 2017.
    The exemptions and amendments were issued on November 22, 2017, as 
part of a combined package to the licensee (ADAMS Accession No. 
ML17284A066).

    Dated at Rockville, Maryland, this 12th 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. 2018-03169 Filed 2-14-18; 8:45 am]
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