[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28104-28105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12675]


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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; Routing of Class 1E Division Cables 
Supporting Passive Containment Cooling

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 No. 161 for Unit 3 and No. 159 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 May 20, 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 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 designated 
License Amendment Request (LAR 18-028) and submitted by letter dated 
November 16, 2018, and supplemented January 24, 2019, and available in 
ADAMS under Accession Nos. ML18320A225 and ML19024A179.
     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: Peter C. Hearn, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1189; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC issuing License Amendment Nos. 161 for Unit 3 and No. 159 
for Unit 4 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 
DCD 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

[[Page 28105]]

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 to Updated Final Safety Analysis Report Tier 2 
information. The proposed amendment also involves related changes to 
plant-specific Tier 1 information, with corresponding changes to the 
associated COL Appendix C information. Specifically, the licensee 
requested changes to reflect revisions in the routing of Class 1E 
cables associated with the passive containment cooling system. 
Additionally, related consistency revisions in the safe shutdown 
evaluation divisional separation information are proposed.
    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. ML19113A261.
    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. ML19113A259 and ML19113A260, 
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. ML19113A255 and ML19113A257, 
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 November 16, 2018, and supplemented January 
24, 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 18-028, ``Routing of Class 1E Division Cables Supporting 
Passive Containment Cooling.''
    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. 
ML19113A261, 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 information in COL Appendix C of 
the Facility Combined License as described in the licensee's request 
dated November 16, 2018, and supplemented January 24, 2019. This 
exemption is related to, and necessary for the granting of License 
Amendment Nos. 161 and 159 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. ML19113A261), 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 16, 2018, and supplemented by letter dated 
January 24, 2019, (ADAMS Accession Nos. ML18320A225 and ML19024A179). 
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 document.
    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 2, 2019 (84 FR 20). 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 16, 2018, and supplemented January 24, 2019.
    The exemption and amendment were issued to SNC on May 20, 2019, as 
part of a combined package (ADAMS Accession No. ML19113A253).

    Dated at Rockville, Maryland, this 12th day of June 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. 2019-12675 Filed 6-14-19; 8:45 am]
 BILLING CODE 7590-01-P