[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18326-18327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08721]


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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, Editorial and Consistency 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 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. 158 and 156 to Combined Licenses (COL), 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 April 11, 2019.

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 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 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 November 20, 2018 
(ADAMS Accession No. ML18324A823).
     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. 158 and 156 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 to depart from Tier 2 information in 
the Updated Final Safety Analysis Report (which includes the plant-
specific DCD Tier 2 information) and involves related changes to plant-
specific Tier 1 (and associated COL Appendix C) information, and COL 
Appendix A, Technical Specifications. Specifically, these changes are 
editorial in nature to promote consistency within the licensing basis.
    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, 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. ML19057A418.
    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. ML19057A414 and ML19057A415, 
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. ML19057A416 and ML19057A417, 
respectively. A summary of the amendment documents is provided in 
Section III of this document.

[[Page 18327]]

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 20, 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) 18-027, 
``Editorial and Consistency Changes.''
    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. ML19057A418, 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 
November 20, 2018. This exemption is related to, and necessary for the 
granting of License Amendment No. 158 [for Unit 3, 156 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. ML19057A418), 
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 20, 2018, SNC requested that the NRC amend 
the COLs for VEGP, Units 3 and 4, COL 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 
January 31, 2019 (84 FR 808). 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 November 20, 2018.
    The exemptions and amendments were issued on April 11, 2019, as 
part of a combined package to SNC (ADAMS Accession No. ML19057A412).

    Dated at Rockville, Maryland, this 25th day of April, 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. 2019-08721 Filed 4-29-19; 8:45 am]
 BILLING CODE 7590-01-P