[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Notices]
[Pages 31627-31629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14039]


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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; Passive Residual Heat Removal 
Instrumentation Minimum Inventory Displays

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. 162 and 160 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

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amendment are being issued concurrently.

DATES: The exemption and amendment were issued on June 12, 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 https://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 https://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 designated License Amendment Request (LAR) 
18-030 and submitted by letter dated December 13, 2018 (ADAMS Accession 
No. ML18347B484).
     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: Jennivine Rankin, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1530; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing License Amendment Nos. 162 and 160 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 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 
COL and licensing basis documents to identify passive residual heat 
removal (PRHR) heat exchanger (HX) inlet isolation valve status and 
PRHR HX control valve status as requiring main control room and remote 
shutdown workstation display and alert indications. Additionally, a 
change was proposed to remove duplicate Tier 2 information from 
Technical Report WCAP-15776, ``Safety Criteria for the AP1000 
Instrumentation and Control Systems,'' Revision 0, that is incorporated 
by reference into the updated final safety analysis report.
    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 sections 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. ML19133A175.
    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. ML19133A169 and ML19133A170, 
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. ML19133A171 and ML19133A173, 
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 December 13, 2018, the 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 LAR 18-030, ``Changes to Passive Residual Heat Removal 
(PRHR) Instrumentation Minimum Inventory Displays.''
    For the reasons set forth in Section 3.2 of the NRC staff's Safety 
Evaluation, which can be found at ADAMS Accession Number ML19133A175, 
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 
December 13, 2018. This exemption is related to, and necessary for the 
granting of License Amendment No. 162 [for Unit 3, 160 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. ML19133A175), 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 December 13, 2018 (ADAMS Accession No. 
ML18347B484), 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

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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 
February 12, 2019 (84 FR 3504). 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 December 13, 2018. The exemption and amendment were issued on June 
12, 2019, as part of a combined package to SNC (ADAMS Accession No. 
ML19133A167).

    Dated at Rockville, Maryland, this 26th 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. 2019-14039 Filed 7-1-19; 8:45 am]
 BILLING CODE 7590-01-P