[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Pages 6838-6839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03481]


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

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, Crediting Previously Completed First 
Plant and First Three Plant Tests

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. 151 and 150 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 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 August 3, 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 Docket IDs in Regulations.gov to Krupskaya Castellon; 
telephone: 301-287-9221; 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 August 3, 2018 (ADAMS 
Accession No. ML18215A382).
     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 Certification Rule for 
the AP1000,'' to Part 52 of title 10 of the Code of Federal Regulations 
(10 CFR), and issuing License Amendment Nos. 151 and 150 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 requires changes to the initial test program 
(ITP) in the Updated Final Safety Analysis Report in the form of 
departures from the incorporated plant-specific DCD Tier 2* and Tier 2 
information and related changes to the VEGP Units 3 and 4 COL and 
plant-specific Tier 1 information, with corresponding changes to the 
associated COL Appendix C information.
    In license amendment request (LAR) 18-019, SNC seeks approval to 
utilize and evaluate the results of three tests performed in China on 
new AP1000 power reactor facilities at Sanmen Units

[[Page 6839]]

1 and 2, and Haiyang Unit 1, as part of the ITP for SNC's VEGP Units 3 
and 4. These tests are used to further establish unique 
phenomenological performance parameters of certain AP1000 design 
features beyond testing performed for the Design Certification of the 
AP600 that will not change from plant to plant. Some of these tests are 
required only for the first plant and others are required only for the 
first three plants and thereafter, because of the standardization of 
the AP1000 design, would not be required as part of the ITP for 
subsequent plants. ``First plant only'' and ``first three plant only'' 
tests are defined and listed in AP1000 DCD Revision 19 Tier 2 Section 
14.2.5. The requested amendment includes changes to COL Condition 
2.D.(2)(a) and plant-specific Tier 1 Section 2.1.3 to credit previously 
completed first plant only and first three plant only testing performed 
in China at Sanmen Units 1 and 2, and Haiyang Unit 1, and revise the 
COL to delete conditions requiring that the following first plant only, 
and first three plant only tests be conducted on VEGP Units 3 and 4: 
In-Containment Refueling Water Storage Tank (IRWST) Heatup Test, 
Reactor Vessel Internals Vibration Testing, and Core Makeup Tank (CMT) 
Heated Recirculation Tests.
    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. ML18351A351.
    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. ML18351A344 and ML18351A346, 
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. ML18351A347 and ML18351A349, 
respectively. A summary of the amendment documents is provided in 
Section III of this document.

II. Exemption

    As noted in this section 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 August 3, 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) 18-019, 
``Crediting Previously Completed First Plant and First Three Plant 
Tests.''
    For the reasons set forth in Section 3.2, ``Evaluation of 
Exemption,'' of the NRC staff's safety evaluation, which can be found 
in ADAMS under Accession No. ML18351A351, 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 
August 3, 2018. This exemption is related to, and necessary for the 
granting of License Amendment No. 151 [for Unit 3, 150 for 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. ML18351A351), 
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 August 3, 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 September 25, 2018 (83 FR 48463). 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 August 3, 2018.
    The exemptions and amendments were issued on January 22, 2019, as 
part of a combined package to SNC (ADAMS Package Accession No. 
ML18351A342).

    Dated at Rockville, Maryland, this 25th day of February, 2019.

    For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
 Chief, Licensing Branch 2, Division of Licensing, Siting, and 
Environmental Analysis, Office of New Reactors.
[FR Doc. 2019-03481 Filed 2-27-19; 8:45 am]
 BILLING CODE 7590-01-P