[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38728-38729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16831]


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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, Ventilation 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) is granting 
exemptions to allow a departure from elements of the certification 
information of Tier 1 of the generic AP1000 design control document 
(DCD) and issuing License Amendment Nos. 131 and 130 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 (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 exemptions allows the changes to Tier 1 
information asked for in the amendment. Because the acceptability of 
the exemptions were determined in part by the acceptability of the 
amendments, the exemptions and amendments 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 modify an 
administrative program to manage unqualified inorganic zinc coatings in 
Service Level I areas of the VEGP Units 3 and 4 containment buildings.

DATES: The exemptions and amendments were issued on July 10, 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 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 amendments and exemptions was designated 
License Amendment Request (LAR) 17-039 and submitted by letter dated 
November 3, 2017, and supplemented by letter dated March 28, 2018 
(ADAMS Accession No. ML17307A201 and ML18087A147, 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. 131 and 130 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 license amendment, 
the licensee proposed changes to plant-specific Tier 1 and associated 
COL Appendix C information, as well as plant-specific Tier 2 materials 
located in the plant-specific UFSAR, all of which are related to 
changes in an administrative program to manage unqualified coatings in 
Service Level I areas of the VEGP Units 3 and 4 containment buildings.
    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

[[Page 38729]]

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 met all applicable regulatory criteria and were found to be 
acceptable as well. The combined safety evaluation is available in 
ADAMS under Accession No. ML18158A313.
    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. ML18158A307 and 
ML18158A308, 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. ML18158A309 and 
ML18158A311, 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 November 3, 2017, as supplemented March 28, 
2018, Southern Nuclear Operating Company (SNC) requested from the 
Commission an exemption to allow departures from Tier 1 information in 
the certified DCD incorporated by reference in 10 CFR part 52, appendix 
D, ``Design Certification Rule for the AP1000 Design,'' as part of 
license amendment request (LAR) 17-039, ``Unqualified Service Level I 
Coatings Program.''
    For the reasons set forth in Section 3.2 of the NRC staff's Safety 
Evaluation, which can be found under ADAMS Accession No. ML18158A313, 
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 
Appendix C of the Facility Combined License, as described in the 
licensee's request dated November 3, 2017, as supplemented by letter 
dated March 28, 2018. This exemption is related to, and necessary for 
the granting of License Amendment No. 131 (Unit 3) and 130 (Unit 4), 
which is being issued concurrently with this exemption.
    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation 
(ADAMS Accession Number ML18158A313), 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 November 3, 2017, as supplemented by letter dated 
March 28, 2018 (ADAMS Accession No. ML17307A201 and ML18087A147), 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 
December 19, 2017 (82 FR 60223). 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 exemptions and issued the amendments that the 
licensee requested by letter November 3, 2017, as supplemented by 
letter dated March 28, 2018 (ADAMS Accession No. ML17307A201 and 
ML18087A147, respectively).
    The exemptions and amendments were issued on July 10, 2018, as part 
of a combined package to the licensee (ADAMS Accession No. 
ML18158A305).

    Dated at Rockville, Maryland, this 2nd day of August 2018.

    For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Licensing Branch 4, Division of Licensing, Siting and 
Environmental Analysis. Office of New Reactors.
[FR Doc. 2018-16831 Filed 8-6-18; 8:45 am]
 BILLING CODE 7590-01-P