[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24511-24513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11459]


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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 Main Control Room Emergency 
Habitability System Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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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 and issued License 
Amendment Nos. 108 and 107 to Combined License (COL) Nos. 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 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 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 telephone: 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

[[Page 24512]]

``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 May 9, 2017 
(ADAMS Accession No. ML17129A608), as supplemented by letter dated 
September 15, 2017 (ADAMS Accession No. ML17258B211).
     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: 301-415-3025; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    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. 108 and 107 to COL Nos. 
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 Updated Final Safety Analysis 
Report Tier 2 information and plant-specific Tier 1 information, with 
corresponding changes to COL Appendix C. Specifically, the changes 
revise the licensing basis information to reflect design changes to the 
main control room emergency habitability system to address the main 
control room envelope temperature response.
    Part of the justification for granting the exemption was provided 
by the review of the amendment. Because the exemption was 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 sections 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. ML18011A894.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VEGP, Units 3 and 
4 (COL Nos. NPF-91 and NPF-92). The exemption documents for VEGP, Units 
3 and 4, can be found in ADAMS under Accession Nos. ML18011A888 and 
ML18011A889, respectively. The exemption is reproduced (with the 
exception of abbreviated titles and additional citations) in Section II 
of this document. The amendment documents for COL Nos. NPF-91 and NPF-
92 are available in ADAMS under Accession Nos. ML18011A890 and 
ML18011A891, 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 May 9, 2017, as supplemented by letter dated 
September 15, 2017, Southern Nuclear Operating Company requested from 
the Commission an exemption to allow departures from Tier 1 information 
in the certified design control document incorporated by reference in 
10 CFR part 52, appendix D, as part of license amendment request 17-
001, ``Main Control Room Emergency Habitability System Changes to 
Satisfy Post-Actuation Performance Requirements.''
    For the reasons set forth in Section 3.1 of the NRC staff's safety 
evaluation, 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 design control document Tier 1 information, with 
corresponding changes to Appendix C of the Facility Combined License, 
as described in the request dated May 9, 2017, as supplemented by 
letter dated September 15, 2017. This exemption is related to, and 
necessary for the granting of License Amendment No. 108 [for Unit 3 and 
No. 107 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, 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 May 9, 2017, as supplemented by letter dated 
September 15, 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 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 
July 18, 2017 (82 FR 32884). 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.

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IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the 
staff granted the exemptions and issued the amendments that the 
licensee requested on May 9, 2017, as supplemented by letter dated 
September 15, 2017.
    The exemptions and amendments were issued on February 1, 2018, as 
part of a combined package to the licensee (ADAMS Accession No. 
ML18011A885).

    Dated at Rockville, Maryland, this 23rd day of May, 2018.

    For the Nuclear Regulatory Commission.
Paul B. Kallan,
Acting Branch Chief, Licensing Branch 4, Division of New Reactor 
Licensing, Office of New Reactors.
[FR Doc. 2018-11459 Filed 5-25-18; 8:45 am]
 BILLING CODE 7590-01-P