[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2464-2465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00410]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-025; NRC-2008-0252]
Southern Nuclear Operating Company, Inc.; Vogtle Electric
Generating Plant, Unit 3; Unit 3 Auxiliary Building Wall 11 Seismic Gap
Requirements
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 in
Tier 1 of the plant-specific design control document (DCD) and is
issuing License Amendment No. 182 to Combined License (COL) NPF-91. The
COL is for construction and operation of the Vogtle Electric Generating
Plant (VEGP) Unit 3, 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 August 4, 2020.
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 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)
20-001 and submitted by letter dated February 7, 2020, (ADAMS Accession
No. ML20038A939).
Attention: The PDR, where you may examine and order copies
of public documents is currently closed. You may submit your request to
the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Cayetano Santos, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-7270; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is issuing License Amendment No. 182 to COL NPF-91 and is
granting an exemption from Tier 1 information in the plant-specific DCD
for VEGP Unit 3. The generic 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 to the north-south minimum
seismic gap requirements above grade between the nuclear island and the
annex building west of Column Line I from elevation 141 feet through
154 feet to accommodate as-built localized nonconformances.
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 and license amendment
requests. The exemption met all applicable regulatory criteria set
forth in Sec. Sec. 50.12, 52.7, and 52.63, and in 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. ML20132A078.
The exemption document for VEGP Unit 3 can be found in ADAMS under
Accession No. ML20132A077. The exemption is reproduced (with the
exception of abbreviated titles and additional citations) in Section II
of this document. The amendment documents for COL NPF-91 are available
in ADAMS under Accession No. ML20132A052. A summary of the amendment
documents is provided in Section III of this document.
II. Exemption
Reproduced in this notice is the exemption document issued to VEGP
Unit 3. 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 February 7, 2020, Southern Nuclear Operating
Company requested from the Nuclear Regulatory Commission an exemption
to allow
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departures from Tier 1 information in the certified DCD incorporated by
reference in 10 CFR part 52, appendix D, ``Design Certification Rule
for the AP1000 Design,'' as part of license amendment request (LAR) 20-
001, ``Unit 3 Auxiliary Building Wall Seismic Gap Requirements.''
For the reasons set forth in Section 3.2 of the NRC staff's Safety
Evaluation, 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
February 7, 2020. This exemption is related to, and necessary for, the
granting of License Amendment No. 182, which is being issued
concurrently with this exemption.
3. As explained in Section 6.0 of the NRC staff's Safety
Evaluation, 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 February 7, 2020, SNC requested that the NRC amend
COL NPF-91 for VEGP Unit 3. The proposed amendment is described in
Section I of this Federal Register notice.
The Commission has determined for this amendment 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 the findings 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 the COL,
proposed no significant hazards consideration determination, and
opportunity for a hearing in connection with this action, was published
in the Federal Register on March 10, 2020 (85 FR 13944). No comments
were received during the 30-day comment period.
The Commission has determined that this amendment satisfies 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 this
amendment.
IV. Final No Significant Hazards Consideration Determination
A request for hearing was filed on May 11, 2020, by the Blue Ridge
Environmental Defense League and its chapter, Concerned Citizens of
Shell Bluff (collectively ``BREDL'') (ADAMS Package Accession No.
ML20132D299). Under its regulations, the Commission may issue and make
an amendment immediately effective, notwithstanding the pendency before
it of a request for a hearing from any person, in advance of the
holding and completion of any required hearing, where it has made a
final determination that no significant hazards consideration is
involved. While the hearing request was pending before an Atomic Safety
and Licensing Board (ASLB), the NRC staff issued the amendment on
August 4, 2020, after making a final determination that no significant
hazards consideration was involved, as discussed in Section 4.0 of the
combined safety evaluation.
Subsequently, the ASLB denied BREDL's request for hearing and
terminated the proceeding in its order LBP-20-08, dated August 10, 2020
(ADAMS Accession No. ML20223A385). On September 4, 2020, BREDL appealed
the ASLB decision (ADAMS Accession No. ML20248J166). On December 22,
2020, the Commission affirmed the ASLB's decision (ADAMS Accession No.
ML20357A101).
V. Conclusion
For the reasons set forth in the combined safety evaluation, the
staff granted the exemption and issued the amendment that SNC requested
on February 7, 2020. The exemption and amendment were issued on August
4, 2020, as part of a combined package to SNC (ADAMS Package Accession
No. ML20132A032).
Dated: January 7, 2021.
For the Nuclear Regulatory Commission.
Omar R. Lopez-Santiago,
Chief, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-00410 Filed 1-11-21; 8:45 am]
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