[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Pages 15506-15509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05646]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348, 50-366, 50-321, 50-366, 50-424, and 50-425; NRC-
2020-0068]


Southern Nuclear Operating Company; Farley Nuclear Plant, Units 1 
and 2; Hatch Nuclear Power Plant, Units 1 and 2; and Vogtle Electric 
Generating Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued 
exemptions in response to an October 31, 2019, request from Southern 
Nuclear Operating Company (SNC). The exemptions would allow SNC to 
submit changes to the Quality Assurance Topical Report that do not 
reduce commitments on a 24-month calendar schedule.

DATES: The exemption was issued on March 12, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0068 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-2020-0068. 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 exemption request dated October 
31, 2019, ``Quality Assurance Topical Report Submittal Request for 
Schedular Exemption--10 CFR 50.54(a)(3)'' is available in ADAMS under 
Accession No. ML19304C213.
     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.

[[Page 15507]]


FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3100, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated at Rockville, Maryland, this 13th day of March, 2020.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing Branch II-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment Exemption

Nuclear Regulatory Commission

Docket Nos. 50-348, 50-364, 50-321, 50-366, 50-424, and 50-425, 
Southern Nuclear Operating Company, Joseph M. Farley Nuclear Power 
Plant, Units Nos. 1 and 2; Edwin I. Hatch Nuclear Plant, Units Nos. 1 
and 2; and Vogtle Electric Generating Plant, Unit Nos. 1 and 2, 
Exemption

I. Background

    Southern Nuclear Operating Company (SNC, the licensee) is the 
holder of the Renewed Facility Operating Licenses (RFOLs) Nos. NPF-2 
and NPF-8 for Joseph M. Farley Nuclear Plant, Unit Nos. 1 and 2 
(Farley), which consist of two pressurized-water reactors (PWRs) 
located in Houston County, Alabama; DPR-57 and NPF-5 for Edwin I. Hatch 
Nuclear Plant, Unit Nos. 1 and 2 (Hatch), which consist of two boiling-
water reactors (BWRs) located in Appling County, Georgia; and NPF-68 
and NPF-81 for Vogtle Electric Generating Plant, Unit Nos. 1 and 2 
(Vogtle), which consist of two PWRs located in Burke County, Georgia. 
The RFOLs provide, among other things, that the facilities are subject 
to all the rules, regulations, and orders of the U.S. Nuclear 
Regulatory Commission (NRC, Commission) now or hereafter in effect.

II. Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Section 
50.54(a)(3), requires that changes to the quality assurance program 
description that do not reduce commitments must be submitted to the NRC 
in accordance with the reporting requirements of 10 CFR 50.71(e).
    The regulation at 10 CFR 50.71(e)(4) requires that revisions to the 
final safety analysis report (FSAR) be submitted annually or six months 
after a refueling outage, provided the interval between updates does 
not exceed 24 months. SNC's exemption request proposes that changes to 
the quality assurance program that do not reduce commitments be 
submitted on a 24-month calendar schedule, not to exceed 24 months from 
the previous submittal. The exemptions would apply to each of the 
plants identified above.

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health and 
safety, and are consistent with the common defense and security; and 
(2) any of the special circumstances listed in 10 CFR 50.12(a)(2) are 
present. The special circumstances as stated in 10 CFR 50.12(a)(2), 
include, among other things that ``Application of the regulation in the 
particular circumstances would not serve the underlying purpose of the 
rule or is not necessary to achieve the purpose of the rule.''
    Operational quality assurance programs are generally described in 
Chapter 17.2 of a licensee's Updated Safety Analysis Report (USAR) or, 
alternately, in a topical report incorporated into the USAR by 
reference. SNC's quality assurance program, described in the Quality 
Assurance Topical Report (QATR), is common to the 6 units requesting 
the exemptions. Compliance with 10 CFR 50.54(a)(3) and 10 CFR 
50.71(e)(4) would require these changes to be submitted annually or 
after a refueling outage for each of the licensee's units.

A. The Exemption Is Authorized by Law

    In accordance with 10 CFR 50.12, the NRC may grant an exemption 
from the requirements of 10 CFR part 50, if the exemption is authorized 
by law. As stated in 10 CFR 50.71(e)(4), subsequent revisions of the 
FSAR must be filed annually or 6 months after each refueling outage 
provided the interval between successive updates does not exceed 24 
months.
    SNC stated that changes to the QATR will be reviewed through the 
existing applicable administrative and programmatic control processes 
to ensure QATR changes are evaluated and implemented properly. 
Therefore, the NRC staff finds that the alternative reporting cycle of 
24 months for submitting QATR changes specified under 10 CFR 
50.54(a)(3) provides adequate control. Further, the exemptions propose 
that changes to the quality assurance program that do not reduce 
commitments be submitted on a 24-month calendar schedule, not to exceed 
the 24-month limit specified in 10 CFR 50.71(e)(4). Therefore, the NRC 
staff finds that this exemption request is authorized by law, because 
granting the licensee's proposed exemptions will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the 
Commission's regulations.

B. The Exemption Presents No Undue Risk to Public Health and Safety

    The licensee stated that the proposed exemptions will not alter the 
manner in which changes to the common QATR are evaluated and that there 
is no reduction in commitment. SNC stated that changes to the QATR will 
be reviewed through the existing applicable administrative and 
programmatic control processes to ensure that QATR changes are 
evaluated and implemented properly. The regulation 10 CFR 50.54(a)(3) 
requires licensees to provide their QATRs periodically per 10 CFR 
50.71(e) to assure that the NRC has the latest material developed by 
SNC. In 10 CFR 50.71(e)(4), the NRC has determined that an update 
frequency not to exceed 24 months between successive updates to be 
acceptable for periodic submissions of the QATR. The exemptions propose 
that changes to the QATR that do not reduce commitments be submitted on 
a 24-month calendar schedule, not to exceed 24 months from the previous 
submittal. Therefore, the NRC staff finds that the proposed exemptions 
provide an equivalent level of protection to the existing requirements. 
Further, QA Program changes that are not considered to be reductions in 
commitment involve, among other things, administrative improvements and 
clarifications, spelling corrections, punctuation, or editorial items. 
Therefore, the NRC staff finds that the changes specified in 10 CFR 
50.54(a)(3) are administrative and routine in nature.
    Also, based on its review of the exemption request, the NRC staff 
concludes that the requested exemptions would not result in any 
significant reduction in the effectiveness of the QA program 
implemented by SNC. Based on the foregoing reasons, the NRC staff 
concludes that the proposed exemption would not present an undue risk 
to the public health and safety.

C. The Exemption Is Consistent With the Common Defense and Security

    This exemption requests periodic updates of the SNC QATR to be

[[Page 15508]]

submitted every 24 months, not to exceed 24 months from the previous 
submittal. Upon issuance of the exemptions, the regulatory requirement 
that an update be submitted annually or within six months following 
each plant's refueling outage would not be retained. Since the 
underlying intent of the regulation is to ensure that QATR changes that 
do not reduce the level of commitment are periodically submitted to the 
NRC, and the required schedule per 10 CFR 50.71(e)(4) allows for 24 
months between periodic submittals, the NRC staff finds that processing 
more frequent changes to the common QATR is not an effective or 
efficient allocation of resources nor is it necessary to achieve the 
purpose of the rule. Moreover, as noted above, the proposed exemptions 
provide an equivalent level of protection to the existing regulation in 
that changes to the QATR that do not reduce commitments must be 
submitted on a schedule not to exceed 24 months of the SNC QATR from 
the previous submittal. Therefore, the common defense and security are 
not affected by this exemption request.

D. Special Circumstances

    The regulation under 10 CFR 50.12(a)(2) states, in part, that 
``[t]he Commission will not consider granting an exemption unless 
special circumstances are present,'' and identifies, in 10 CFR 
50.12(a)((i)-(vi), when special circumstances are present. The NRC 
staff determined that special circumstances are present. Special 
circumstances, in accordance with 10 CFR 50.12(a)(ii), are present 
whenever application of the regulation in the particular circumstances 
would not serve the underlying purpose of the rule or is not necessary 
to achieve the underlying purpose of the rule.
    As stated in 10 CFR 50.71(e)(4), subsequent revisions to the FSAR 
must be filed annually or 6 months after each refueling outage provided 
the interval between successive updates does not exceed 24 months. The 
underlying purpose of the rule is to ensure that periodic submittals 
required under 10 CFR 50.54(a)(3) would allow the NRC staff to provide 
regulatory oversight to changes to the licensee's QA program, and to 
ensure that the changes are consistent with the regulations. The 
exemptions requested by SNC only extend the reporting period, and do 
not exceed the 24-month time period between successive updates 
established by 10 CFR 50.71(e). Thus, SNC would still provide updates 
of their QATR to the NRC periodically every 24 months, allowing 
periodic NRC oversight of changes to the licensee's QA program. 
Therefore, the NRC staff finds that application of the regulation in 
this particular circumstance is not necessary to achieve the underlying 
purpose of the rule.
    Accordingly, the NRC staff concludes that, pursuant to 10 CFR 
50.12(a)(2)(ii), special circumstances are present.

E. Environmental Considerations

    Pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25), the granting 
of an exemption from the requirements of any regulation in Chapter I of 
10 CFR meets the eligibility criteria for categorical exclusion 
provided that: (1) There is no significant hazards consideration; (2) 
there is no significant change in the types or significant increase in 
the amounts of any effluents that may be released offsite; (3) there is 
no significant increase in individual or cumulative public or 
occupational radiation exposure; (4) there is no significant 
construction impact; (5) there is no significant increase in the 
potential for or consequences from radiological accidents; and (6) the 
requirements from which an exemption is sought are among those 
identified in 10 CFR 51.22(c)(25)(vi), including requirements of an 
administrative, managerial, or organizational nature.

There Is No Significant Hazards Consideration

    The criteria for determining whether an action involves a 
significant hazards consideration are found in 10 CFR 50.92. The 
proposed exemptions involve only a schedule change regarding the 
submission of an update to the QATR. The proposed exemptions do not 
adversely affect plant equipment, operation, or procedures. Therefore, 
there are no significant hazard considerations, because granting the 
exemptions would not: (1) Involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety.

There Is No Significant Change in the Types or Significant Increase in 
the Amounts of Any Effluents That May Be Released Offsite

    The proposed action involves only a schedule change, which is 
administrative in nature, and does not involve any changes in the types 
or significant increase in the amounts of any effluents that may be 
released offsite.

There Is No Significant Increase in Individual or Cumulative Public or 
Occupational Radiation Exposure

    Since the proposed action involves only a schedule change, which is 
administrative in nature, it does not contribute to any significant 
increase in occupational or public radiation exposure.

There Is No Significant Construction Impact

    Since the proposed action involves only a schedule change, which is 
administrative in nature, it does not involve any construction impact.

There Is No Significant Increase In the Potential For or Consequences 
From Radiological Accidents

    The proposed action involves only a schedule change, which is 
administrative in nature and does not impact the potential for or 
consequences from accidents.

The Requirements From Which the Exemption Is Sought Involve 
Requirements That are Administrative in Nature

    The proposed action involves scheduling requirements and other 
requirements of an administrative, managerial, or organizational 
nature, because it is associated with the schedule submittal 
requirements contained in 10 CFR 50.54(a)(3), and 10 CFR 50.71(e)(4), 
which require that the QATR be filed annually or six months after each 
refueling outage, provided the interval between successive updates does 
not exceed 24 months.
    Based on the above, NRC finds that the exemptions meet the 
eligibility criteria for the categorical exclusion set forth in 10 CFR 
51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with this exemption request.

IV. Conclusions

    Accordingly, the Commission has determined that pursuant to 10 CFR 
part 50.12, the exemptions are authorized by law, will not present an 
undue risk to the public health and safety, and are consistent with the 
common defense and security. Also, special circumstances are present. 
Therefore, the Commission hereby grants the licensee exemptions from 
the requirements of 10 CFR 50.54(a)(3) and 10 CFR 50.71(e)(4) for the 
Farley, Hatch, and Vogtle plants.
    The exemptions are effective upon issuance.


[[Page 15509]]


    Dated at Rockville, Maryland, this 11th day of March 2020.

    For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger, Director,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2020-05646 Filed 3-17-20; 8:45 am]
BILLING CODE 7590-01-P