[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13799-13801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06393]


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

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; Resolution of Auxiliary Building Wall 
Thickness and Description Inconsistencies

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and issued License 
Amendment Nos. 103 and 102 to Combined License (COL) Nos. 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, 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.

[[Page 13800]]

    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 19, 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 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 
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 amendments and exemptions were submitted 
by letters dated December 14, 2016, and August 25, 2017, and are 
available in ADAMS under Accession Nos. ML16349A583 and ML17237C049, 
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: Peter Hearn, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-1189; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The NRC has granted 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 issued License Amendment Nos. 103 and 102 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 and plant-specific Tier 1 information, with corresponding 
changes to the associated COL Appendix C information to address 
inconsistencies in the design thicknesses of the auxiliary building 
column line 1 wall and column line I wall, and the location description 
for the auxiliary building labyrinth wall.
    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 request. The exemption met all applicable regulatory criteria 
set forth in Sec. Sec.  50.12 and 52.7 of 10 CFR, 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. ML17293A348.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VEGP Units 3 and 4 
(COLs Nos. NPF-91 and NPF-92). The exemption documents for VEGP, Units 
3 and 4, can be found in ADAMS under Accession Nos. ML17293A344 and 
ML17293A345, respectively. The exemption is reproduced (with the 
exception of abbreviated titles and additional citations) in Section II 
of this notice. The amendment documents for COL Nos. NPF-91 and NPF-92 
are available in ADAMS under Accession Nos. ML17293A346 and 
ML17293A347, respectively. A summary of the amendment documents is 
provided in Section III of this notice.

II. Exemption

    Reproduced below is the exemption document issued to VEGP, Units 3 
and 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 December 14, 2016, as revised by letter dated 
August 25, 2017, the licensee requested from the NRC or 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 (LAR) 16-033, ``Resolution of Auxiliary 
Building Wall Thickness and Description Inconsistencies.''
    For the reasons set forth in Section 3.1 of the NRC staff's safety 
evaluation that supports this license amendment, 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, as described in the licensee's 
request dated December 14, 2016, as revised by letter dated August 25, 
2017. This exemption is related to, and necessary for, the granting of 
License Amendment No. 103 [for Unit 3, 102 for Unit 4], which is being 
issued concurrently with this exemption.
    3. As explained in Section 5.0 of the NRC staff's safety evaluation 
that supports this license amendment, 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 December 14, 2016, as revised by letter dated 
August 25, 2017, the licensee requested that the NRC amend the COLs for 
VEGP, Units 3 and 4, COL Nos. NPF-91 and NPF-92. The proposed amendment 
is described in Section I of this notice.
    The Commission has determined that the application for amendment 
complies with the standards and requirements of

[[Page 13801]]

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 
October 5, 2017 (82 FR 46537). 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 these amendments on December 19, 
2017, as part of a combined package to the licensee (ADAMS Accession 
No. ML17293A341).

    Dated at Rockville, Maryland, on March 26, 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. 2018-06393 Filed 3-29-18; 8:45 am]
 BILLING CODE 7590-01-P