[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Pages 54951-54952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23869]


-----------------------------------------------------------------------

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, Equipment Survivability Assessment

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 is issuing 
License Amendment Nos. 139 and 138 to Combined Licenses (COLs), NPF-91 
and NPF-92. The COLs were issued to Southern Nuclear Operating Company, 
Inc., 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 granting of the exemption allows the changes to Tier 1 
information asked for 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 August 24, 2018.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, 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 Regulations.gov Docket IDs 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 access publicly available documents online in the NRC 
Library 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 that document is available in ADAMS) is provided the 
first time that a document is referenced. The request for the amendment 
and exemption was submitted by letter dated April 6, 2018 (ADAMS 
Accession No. ML18096B463).
     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: Paul Kallan, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2809; 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

[[Page 54952]]

Certification Rule for the AP1000,'' to part 52 of title 10 of the Code 
of Federal Regulations (10 CFR), and issuing License Amendment Nos. 139 
and 138 to COLs, NPF-91 and NPF-92, to SNC. The exemptions are 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. With the requested amendment, SNC proposes changes 
to the Updated Final Safety Analysis Report (UFSAR) in the form of 
departures from the incorporated plant-specific Design Control Document 
(DCD) Tier 2 information and related changes to the VEGP Units 3 and 4 
COL and COL Appendix C (and corresponding plant-specific DCD Tier 1) 
information. Specifically, the requested amendment includes changes to 
the equipment survivability assessment requirements associated with 
hydrogen burns during beyond design basis accidents as described in the 
licensing basis documents, including COL Condition 2.D(12)(g)9 and 
plant-specific Tier 1 Sections 2.2.3 and 2.3.9.
    Part of the justification for granting the exemptions was provided 
by the review of the amendments. Because the exemption is necessary in 
order to issue the requested license amendment, the NRC granted the 
exemptions and issued the amendments 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 exemptions met all applicable regulatory criteria set 
forth in sections 50.12, 10 CFR 52.7, and Section VIII.A.4 of appendix 
D to 10 CFR part 52. The license amendments were found to be acceptable 
as well. The combined safety evaluation is available in ADAMS under 
Accession No. ML18207A482.
    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. ML18207A476 and ML18207A477, 
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. ML18207A478 and ML18207A480, 
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 6, 2018, SNC requested from the 
Commission an exemption from the provisions of 10 CFR part 52, appendix 
D, section III.B, as part of license amendment request (LAR) 18-001, 
``Equipment Survivability Assessment.''
    For the reasons set forth in Section 3.1, ``Evaluation of 
Exemption,'' of the NRC staff's safety evaluation, which can be found 
in ADAMS under Accession No. ML18207A482, 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 Combined License as described in the licensee's request dated 
April 6, 2018. This exemption is related to, and necessary for, the 
granting of License Amendment Nos. 139 (Unit 3) and 138 (Unit 4), which 
is being issued concurrently with this exemption.
    3. As explained in Section 5.0, ``Environmental Consideration,'' of 
the NRC staff's safety evaluation (ADAMS Accession No. ML18207A482), 
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 6, 2018, SNC 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 combined license, 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 May 22, 2018 (83 FR 23738). 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 SNC requested 
on April 6, 2018. The exemptions and amendments were issued on August 
24, 2018, as part of a combined package to SNC (ADAMS Accession No. 
ML18207A488).

    Dated at Rockville, Maryland, this 29th day of October, 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. 2018-23869 Filed 10-31-18; 8:45 am]
 BILLING CODE 7590-01-P