[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53665-53666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23191]



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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; Fire Protection System Nonsafety Cable 
Spray Removal

AGENCY: Nuclear Regulatory Commission.

ACTION: Combined license amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
License Amendment Nos. 145 and 144 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 (collectively SNC); for 
construction and operation of the Vogtle Electric Generating Plant 
(VEGP) Units 3 and 4, located in Burke County, Georgia.
    The amendment authorizes changes in the form of departures to the 
VEGP Units 3 and 4 plant specific Design Control Document (PS-DCD) Tier 
2 information contained within the Updated Final Safety Analysis Report 
and plant-specific Tier 1 information, with corresponding changes to 
Appendix C of the COL removing the fire protection system (FPS) 
nonsafety-related containment cable spray and installing passive fire 
stops and radiant energy shields. Specifically, the changes were for 
the removal of the FPS containment open nozzle water spray suppression 
system for the open nonsafety-related cable trays in fire zone 1100 AF 
11300B and for installing passive fire stops and radiant energy 
shields.
    The exemption allows changes that impact Tier 1 of the PS-DCD and 
associated COL Appendix C of the Facility COL as specified in LAR 18-
015. This exemption is related to, and necessary for, the granting of 
the amendment which is being issued concurrently.

DATES: The amendments were issued on October 4, 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 ``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 
amendment and exemption was submitted by letter dated April 27, 2018, 
designated License Amendment Request (LAR) 18-015, and supplemented by 
letter dated August 13, 2018 (ADAMS Accession Nos. ML18117A464 and 
ML18225A291, 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 exemptions 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. 138 and 137 to COLs, NPF-91 
and NPF-92, respectively, to SNC. 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 SNC to depart from 
Tier 1 information. 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. ML18247A407.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to SNC 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. ML18247A405 and ML18247A406, 
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. ML18247A401 and ML18247A403, 
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 April 27, 2018, as supplemented August 13, 
2018, SNC requested from the Nuclear Regulatory Commission (NRC or 
Commission) an exemption to allow departure from Tier 1 information in 
the certified DCD incorporated by reference in Title 10 of the Code of 
Federal Regulations (10 CFR) Part 52, Appendix D, ``Design 
Certification Rule for the AP1000 Design,'' as part of license 
amendment request (LAR) 18-015, ``Fire Protection System Non-Safety 
Cable Spray Removal.''
    For the reasons set forth in Section 3.2 of the NRC staff's Safety 
Evaluation, which can be found be found in ADAMS under Accession Number 
ML18247A407, 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 changes to Appendix C of the 
Facility

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Combined License, as described in the licensee's request dated April 
27, 2018, as supplemented August 13, 2018. This exemption is related 
to, and necessary for the granting of License Amendment No. 145 (Unit 
3) and 144, 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 ML18247A407), 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 April 27, 2018, designated License Amendment 
Request (LAR) 18-015, and supplemented by letter dated August 13, 2018 
(ADAMS Accession Nos. ML18117A464 and ML18225A291, respectively), 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 
June 19, 2018 (83 FR 28463). 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 SNC 
requested by letter dated April 27, 2018, supplemented by letter dated 
August 13, 2018 (ADAMS Accession Nos. ML18117A464 and ML18225A291, 
respectively). The exemptions and amendments were issued to the 
licensee on October 4, 2018, as part of a combined package (ADAMS 
Accession No. ML18247A399).

    Dated at Rockville, Maryland, on October 19, 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. 2018-23191 Filed 10-23-18; 8:45 am]
 BILLING CODE 7590-01-P