[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Notices]
[Pages 24546-24548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11008]


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

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; Power Operated Relief Valve Noise 
Mitigation

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an

[[Page 24547]]

exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and is issuing 
License Amendment No. 159 for Unit 3 and No. 157 for Unit 4 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 (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 18, 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 dockets in Regulations.gov 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 ``ADAMS Public Documents'' and 
then 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 August 10, 2018, revised October 11, 2018, and 
supplemented February 15, 2019, and available in ADAMS under Accession 
Nos. ML18222A599, ML18284A447, and ML19046A172, 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: 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 issuing License Amendment Nos. 159 and 157 to COLs NPF 
91 and NPF-92 and is granting an exemption from Tier 1 information in 
the plant-specific DCD for the AP1000. The AP1000 is incorporated by 
reference in appendix D, ``Design Certification Rule for the AP1000,'' 
to part 52 of title 10 of the Code of Federal Regulations (10 CFR). The 
exemption, granted pursuant to Paragraph A.4 of Section VIII, 
``Processes for Changes and Departures,'' of 10 CFR part 52, appendix 
D, allows the licensee to depart from the Tier 1 information. With the 
requested amendment, SNC sought proposed changes that would revise the 
COLs to relocate the power operated relief valve (PORV) branch lines 
upstream of the main steam safety valves in Inspections, Tests, 
Analyses, and Acceptance Criteria (ITAAC) Figure 2.2.4-1 (Sheets 1 of 
2) of the COL Appendix C (and plant-specific Tier 1 information). In 
addition to relocate the PORV branch lines upstream of the main steam 
safety valves in the main steam lines. In addition to the relocation of 
the PORV branch lines, the PORV block valves would be changed from gate 
valves to globe valves in the Updated Final Safety Analysis Report 
(UFSAR). The requested amendment proposes changes to the UFSAR in the 
form of departures from the incorporated plant-specific DCD Tier 2 
information in the UFSAR and involves changes to COL Appendix C, and 
corresponding changes to plant-specific Tier 1 information.
    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 exemption request and the license 
amendment. The exemption met all applicable regulatory criteria set 
forth in Sec. Sec.  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. ML19063A894.
    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. ML19063A888 and ML19063A889, 
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. ML19063A890 and ML19063A892, 
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 August 10, 2018, revised October 11, 
2018, and supplemented February 15, 2019, 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 18-021, ``Power Operated Relief 
Valve Noise Mitigation.''
    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. 
ML19063A894, 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.

[[Page 24548]]

    2. Accordingly, the licensee 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 August 10, 2018, revised October 11, 2018, and 
supplemented February 15, 2019. This exemption is related to, and 
necessary for the granting of License Amendment No. 159 [for Unit 3 and 
No. 157 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. ML19063A894), 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 10, 2018, revised October 11, 2018, and 
supplemented February 15, 2019 (ADAMS Accession Nos. ML18222A599, 
ML18284A447, and ML19046A172, respectively), SNC 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 
September 19, 2018 (83 FR 47375). Subsequently, by letter dated October 
11, 2018, SNC provided additional information that expanded the scope 
of the amendment request as originally noticed in the Federal Register. 
The additional information provided in the October 11, 2018, revision 
related to structural and piping analyses that were not included in the 
original submittal. Accordingly, the NRC published a second proposed no 
significant hazards consideration (NSHC) determination in the Federal 
Register on November 20, 2018 (83 FR 58607), which superseded the 
original notice in its entirety. The supplement dated February 15, 
2019, provided additional information that clarified the application, 
did not expand the scope of the application as originally noticed, and 
did not change the staff's second proposed NSHC determination as 
published in the Federal Register on November 20, 2018 (83 FR 58607). 
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 10, 2018, revised October 11, 2018, and supplemented February 
15, 2019.
    The exemption and amendment were issued to SNC on April 18, 2019, 
as part of a combined package (ADAMS Package Accession No. 
ML19063A886).

    Dated at Rockville, Maryland, this 22nd day of May 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. 2019-11008 Filed 5-24-19; 8:45 am]
 BILLING CODE 7590-01-P