[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10927-10928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04987]


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

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; Pipe Rupture Hazard and Flooding 
Analysis

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 elements of the certification 
information of Tier 1 of the generic AP1000 design control document 
(DCD) and is issuing License Amendment Nos. 107 and 106 to Combined 
Licenses (COL), NPF-91 and NPF-92, respectively. The COLs were issued 
to Southern Nuclear Operating Company, 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.
    The exemption revises the plant-specific Tier 1 information and 
corresponding changes to COL Appendix C, and the amendment changes the 
associated plant-specific DCD Tier 2 material incorporated into the 
VEGP Updated Final Safety Analysis Report (UFSAR), to address 
mitigation of fire protection system flooding of the Auxiliary Building 
identified following completion of the pipe rupture hazards analysis 
for the VEGP Units 3 and 4.

DATES: The exemption and amendment were issued on February 1, 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 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 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 
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 designated 
License Amendment Request (LAR) 17-010 and submitted by letter dated 
March 31, 2017, (ADAMS Accession No. ML17090A570) and revised and 
supplemented by letters dated August 21, October 9, November 1, 
December 1, and December 15, 2017, and January 3, 2018 (ADAMS Accession 
Nos. ML17233A325, ML17282A014, ML17305B507, ML17335A762, ML17349A928, 
and ML18003B082, 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: 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. 107 and 106 to COLs, NPF-
91 and NPF-92, respectively, to the licensee. The

[[Page 10928]]

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 and associated 
plant-specific DCD Tier 2 material incorporated into the VEGP UFSAR, by 
revising information to address the need for mitigation of fire 
protection system flooding of the Auxiliary Building identified during 
completion of the pipe rupture hazards analysis. 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 met all applicable regulatory criteria and was found to be 
acceptable as well. The combined safety evaluation is available in 
ADAMS under Accession No. ML18017A261.
    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. ML18017A608 and 
ML18017A524, 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. ML18017A386 and 
ML18017A577, 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 March 31, 2017, as supplemented and revised by 
letters dated August 21, October 9, November 1, December 1 and December 
15, 2017, and January 3, 2018, 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 
DCD incorporated by reference in Title 10 10 CFR part 52, appendix D, 
``Design Certification Rule for the AP1000 Design,'' as part of license 
amendment request (LAR) 17-010, ``Request for License Amendment and 
Exemption: Pipe Rupture Hazard and Flooding Analyses.''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation, which can be found at ADAMS Accession No. ML18017A261 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 AP1000 DCD Tier 1 information, with corresponding changes to 
Appendix C of the Facility Combined License as described in the request 
dated March 31, 2017, as supplemented and revised by letters dated 
August 21, October 9, November 1, December 1 and December 15, 2017 and 
January 3, 2018. This exemption is related to, and necessary for, the 
granting of License Amendment Nos.107 and 106, which is issued 
concurrently with this exemption.
    3. As explained in Section 6.0 of the NRC staff's Safety Evaluation 
(ADAMS Accession Number ML18017A261, 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 March 31, 2017 (ADAMS Accession No. ML17090A570), 
and revised and supplemented by letters dated August 21, October 9, 
November 1, December 1, and December 15, 2017, and January 3, 2018 
(ADAMS Accession Nos. ML17233A325, ML17282A014, ML17305B507, 
ML17335A762, ML17349A928, and ML18003B082, 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 
June 6, 2017 (82 FR 26123). 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 by letter dated March 31, 2017, (ADAMS Accession No. 
ML17090A570) and revised and supplemented by letters dated August 21, 
October 9, November 1, December 1, and December 15, 2017, and January 
3, 2018 (ADAMS Accession Nos. ML17233A325, ML17282A014, ML17305B507, 
ML17335A762, ML17349A928, and ML18003B082, respectively).
    The exemption and amendment were issued to the licensee on February 
1, 2018, as part of a combined package (ADAMS Accession No. 
ML18017A721).

    Dated at Rockville, Maryland, this 7th day of March, 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. 2018-04987 Filed 3-12-18; 8:45 am]
 BILLING CODE 7590-01-P