[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30195-30199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13736]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2018-0125]


Southern Nuclear Operating Company, Inc.; Vogtle Electric 
Generating Plant, Unit Nos. 3 and 4

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene.

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SUMMARY: On June 19, 2018, the U.S. Nuclear Regulatory Commission (NRC) 
published a biweekly notice providing the public with the opportunity 
to comment, request a hearing, and petition for leave to intervene. Due 
to a publication error, which was corrected

[[Page 30196]]

by the Office of the Federal Register on June 22, 2018, incorrect 
information about a license amendment request submitted to the NRC on 
April 13, 2018, by Southern Nuclear Operating Company, Inc., regarding 
Vogtle Electric Generating Plant, Unit Nos. 3 and 4, was published in 
the biweekly notice. The NRC is issuing this notice to provide adequate 
time for members of the public to submit comments, request a hearing, 
and petition for leave to intervene on this license amendment request.

DATES: Comments must be filed by July 27, 2018. A request for a hearing 
must be filed by August 27, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0125. 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.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Peter C. Hearn, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-1189, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0125, when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0125.
     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.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2018-0125, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Discussion

    On June 19, 2018, the NRC published a biweekly notice providing the 
public with the opportunity to comment, request a hearing, and petition 
for leave to intervene (83 FR 28456). Due to a publication error, which 
was corrected by the Office of the Federal Register in a Federal 
Register notice published on June 22, 2018, incorrect information about 
a license amendment request submitted to the NRC on April 13, 2018, by 
Southern Nuclear Operating Company, Inc., regarding Vogtle Electric 
Generating Plant, Unit Nos. 3 and 4 (ADAMS Accession No. ML18103A252), 
was published in the biweekly notice. The NRC is issuing this notice to 
provide adequate time for members of the public to submit comments, 
request a hearing, and petition for leave to intervene on this license 
amendment request.
    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued, and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    The Commission has made a proposed determination that this 
amendment request involves no significant hazards consideration. Under 
the Commission's regulations in section 50.92 of title 10 of the Code 
of Federal Regulations (10 CFR), this means that operation of the 
facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for the amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish in the Federal Register a notice of 
issuance. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance.

[[Page 30197]]

The Commission expects that the need to take this action will occur 
very infrequently.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d), the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally-recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10

[[Page 30198]]

days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    For further details with respect to this license amendment 
application, see the application for amendment which is available for 
public inspection in ADAMS and at the NRC's PDR. For additional 
direction on accessing information related to this document, see the 
``Obtaining Information and Submitting Comments'' section of this 
document.

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant, Unit Nos. 3 and 4, Burke County, 
Georgia

    Date of amendment request: April 13, 2018. A publicly-available 
version is in ADAMS under Accession No. ML18103A252.
    Description of amendment request: The amendment request proposes to 
change Technical Specifications (TSs) Limiting Condition for Operation 
3.5.5 to not require the Passive Residual Heat Removal Heat Exchanger 
to be operable in Mode 5 during vacuum fill operations. Additionally, 
the requested amendment proposes to change Surveillance Requirement 
(SR) 3.5.7.1 regarding operability requirements for the In-containment 
Refueling Water Storage Tank and associated flow paths and proposes to 
add an additional SR 3.5.7.2 to address operability requirements that 
are not required during vacuum fill operations. Finally, the requested 
amendment proposes conforming changes to the Updated Final Safety 
Analysis Report, Appendix 19E, Subsection 2.3.2.4.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes do not affect the operation of any systems 
or equipment that initiate an analyzed accident or alter any 
structures, systems, and components (SSC) accident initiator or 
initiating sequence of events.
    The proposed changes do not affect the physical design and 
operation of the Passive Residual Heat Removal Heat Exchanger (PRHR 
HX) or In-containment Refueling Water Storage Tank (IRWST) as 
described in the Updated Final Safety Analysis Report

[[Page 30199]]

(UFSAR). The proposed changes do not affect the probability of 
inadvertent operation or failure. Therefore, the probabilities of 
the accidents previously evaluated in the UFSAR are not affected.
    The proposed changes do not affect the ability of the PRHR HX 
and IRWST to perform their design functions. The designs of the PRHR 
HX and IRWST continue to meet the same regulatory acceptance 
criteria, codes, and standards as required by the UFSAR. In 
addition, the proposed changes maintain the capabilities of the PRHR 
HX and IRWST to mitigate the consequences of an accident and to meet 
the applicable regulatory acceptance criteria.
    The proposed changes do not affect the prevention and mitigation 
of other abnormal events (e.g., anticipated operational occurrences, 
earthquakes, floods and turbine missiles), or their safety or design 
analyses. Therefore, the consequences of the accidents evaluated in 
the UFSAR are not affected.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do not affect the operation of any systems 
or equipment that may initiate a new or different kind of accident, 
or alter any SSC such that a new accident initiator or initiating 
sequence of events is created.
    The proposed changes do not affect any other SSC design 
functions or methods of operation in a manner that results in a new 
failure mode, malfunction, or sequence of events that affect safety-
related or nonsafety related equipment. Therefore, this activity 
does not allow for a new fission product release path, result in a 
new fission product barrier failure mode, or create a new sequence 
of events that result in significant fuel cladding failures.
    Therefore, the requested amendment does not create the 
possibility of a new or different type of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes maintain existing safety margins. The 
proposed changes verify and maintain the capabilities of the PRHR HX 
and IRWST to perform their design functions. Therefore, the proposed 
changes satisfy the same design functions in accordance with the 
same codes and standards as stated in the UFSAR. These changes do 
not affect any design code, function, design analysis, safety 
analysis input or result, or design/safety margin.
    No safety analysis or design basis acceptance limit/criterion is 
challenged or exceeded by the proposed changes, and no margin of 
safety is reduced.
    Therefore, the requested amendment does not involve a 
significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 
1710 Sixth Avenue North, Birmingham, AL 35203-2015.
    NRC Branch Chief: Jennifer L. Dixon-Herrity.

    Dated at Rockville, Maryland, this 21st day of June, 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. 2018-13736 Filed 6-26-18; 8:45 am]
 BILLING CODE 7590-01-P