[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44308-44309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18846]


=======================================================================
-----------------------------------------------------------------------

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; ITAAC for Pneumatic Testing of VES Air 
Lines

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 the certification information of 
Tier 1 of the generic design control document (DCD) and has issued 
License Amendment Nos. 130 and 129 to Combined Licenses (COLs), 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.
    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 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 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 ``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 December 20, 2017 
and available in ADAMS under Accession No. ML17354A964
     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. 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. 130 and 129 to COLs, NPF-
91 and NPF-92, 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 that would revise the Updated Final Safety Analysis Report in 
the form of changes from the incorporated plant-specific Design Control 
Document (DCD) Tier 2 information. The proposed amendment also involves 
related changes to plant-specific Tier 1 information, with 
corresponding changes to the associated COL Appendix C information. 
Specifically, the licensee requested to allow a pneumatic test to be 
used in lieu a hydrostatic test for the Main Control Room Emergency 
Habitability System consistent with American Society of Mechanical 
Engineers Boiler and Pressure Vessel Code, Section III. 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 44309]]

exemption request and the license amendment. The exemption met all 
applicable regulatory criteria set forth in 10 CFR 50.12, 52.7, 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. ML18150A160.
    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. ML18156A143 and 
ML18156A144 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. ML18156A145 and ML18156A147 
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 an application dated December 20, 2017, 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, as part of license amendment request 17-044, ``ITAAC 
[Inspections, Tests, Analysis, and Acceptance Criteria] for Pneumatic 
Testing of VES Air Lines''
    For the reasons set forth in Section 3.2 of the NRC staff's Safety 
Evaluation, which can be found in ADAMS under Accession No.ML18150A160, 
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, SNC is granted an exemption from the certified DCD 
Tier 1 information, with corresponding information in COL Appendix C of 
the Facility Combined License as described in the licensee's request 
dated December 20, 2017. This exemption is related to, and necessary 
for the granting of License Amendment No. 130 for Unit 3 and 129 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 
(ADAMS Accession No.ML18150A160), 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 20, 2017 (ADAMS Accession No.ML17354A964), 
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 
March 13, 2018 (83 FR10922). 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 on December 20, 2017.
    The exemption and amendment were issued on July 10, 2018, as part 
of a combined package to the licensee (ADAMS Accession No. 
ML18156A141).

    Dated at Rockville, Maryland, this 27th day of August 2018.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of Licensing, Siting, and 
Environmental Analysis Office of New Reactors.
[FR Doc. 2018-18846 Filed 8-29-18; 8:45 am]
 BILLING CODE 7590-01-P