[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26552-26556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10254]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-026; NRC-2008-0252]
Southern Nuclear Operating Company Inc; Vogtle Electric
Generating Plant Unit 4
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to a March 6, 2020, request from Southern Nuclear
Operating Company, Inc. (SNC), as applicable to Vogtle Electric
Generating Plant (VEGP) Unit 4. Specifically, the NRC has exempted SNC
from the requirement for VEGP Unit 4 to conduct an emergency
preparedness exercise prior to its initial fuel load.
[[Page 26553]]
DATES: This exemption was issued on July 21, 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 Stacy Schumann;
telephone: 301-415-0624; 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
exemption was submitted by letter dated March 6, 2020 and is available
in ADAMS under Package Accession No. ML20066G902.
FOR FURTHER INFORMATION CONTACT: Cayetano Santos Jr., Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-7270; email: [email protected].
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.
SUPPLEMENTARY INFORMATION:
I. Background
Southern Nuclear Operating Company, Inc., 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) are the holders of facility Combined License (COL)
Nos. NFP-91 and NPF-92, which authorize the construction and operation
of VEGP Units 3 and 4. The COLs, issued under part 52 of title 10 of
the Code of Federal Regulations (10 CFR), provide, among other things,
that the facilities are subject to all rules, regulations, and orders
of the NRC or the Commission now or hereafter in effect.
Section IV.F.2.a.(iii) of appendix E, ``Emergency Planning and
Preparedness for Production and Utilization Facilities,'' to part 50 of
10 CFR states, in part, that for a combined license issued under 10 CFR
part 52, if the applicant currently has an operating reactor at the
site, an exercise, either full or partial participation, shall be
conducted for each subsequent reactor constructed on the site. VEGP
Units 3 and 4 are of the same reactor design (Westinghouse Electric
Company (Westinghouse) AP1000 pressurized-water reactor), and VEGP
Units 1, 2, 3, and 4 share the same operating site. In a letter dated
March 6, 2020, SNC requested an exemption from the requirement to
perform an emergency preparedness exercise for VEGP Unit 4.
The NRC staff's evaluation of SNC's exemption request for Unit 4 is
based on VEGP Unit 3 first successfully completing an emergency
preparedness exercise as required by section IV.F.2.a.(iii) of appendix
E, and establishing an 8-calendar-year emergency preparedness exercise
cycle that incorporates both VEGP Units 3 and 4 drill and exercise
requirements prior to VEGP Unit 4 commencing initial fuel load. The
justification for the exemption is that the successful completion of
the VEGP Unit 3 partial participation exercise demonstrate all aspects
of emergency response capabilities for both units, thereby making a
separate exercise for VEGP Unit 4 to meet the requirements of section
IV.F.2.a.(iii) of appendix E unnecessary.
In Part 5, ``Emergency Plan,'' of its December 31, 2008, Early Site
Permit (ESP) Application (Revision 5) for VEGP Units 3 and 4, SNC
included a complete and integrated emergency plan for VEGP Units 3 and
4, referred to as the ``ESP Plan'' (Docket No. 52-011; ADAMS Accession
No. ML091540898). The NRC staff documented its review of the ESP Plan
in Section 13.3, ``Emergency Planning,'' of NUREG-1923, ``Safety
Evaluation Report for an Early Site Permit (ESP) at the Vogtle Electric
Generating Plant (VEGP) ESP Site,'' July 2009 (ADAMS Accession No.
ML092290650), and included an evaluation of the emergency plan's
description of proposed Units 3 and 4 exercises in Section 13.3.3.2.14,
``Exercises and Drills (10 CFR 50.47(b)(14); NUREG-0654/FEMA-REP-1,
planning standard N).''
The NRC issued Early Site Permit No. ESP-004 for the VEGP ESP Site
(i.e., for Units 3 and 4) on August 26, 2009 (ADAMS Accession No.
ML092290157). ESP-004, including the ESP Plan, was incorporated by
reference into SNC's June 24, 2011, COL application for VEGP Units 3
and 4 (Docket Nos. 52-025 and 52-026, respectively; ADAMS Accession No.
ML11180A086), and the Units 3 and 4 COLs were issued on February 10,
2012 (ADAMS Accession Nos. ML14100A106 and ML14100A135, respectively).
The NRC staff documented its review of the COL application in Section
13.3, ``Emergency Planning,'' of NUREG-2124, ``Final Safety Evaluation
Report--Related to the Combined Licenses for Vogtle Electric Generating
Plant, Units 3 and 4,'' Volume 2, September 2012 (ADAMS Accession No.
ML12271A048).
The NRC staff's reasonable assurance finding for the ESP Plan was
subject to the satisfactory completion of the inspections, tests,
analyses, and acceptance criteria (ITAAC) that were listed in NUREG-
1923 Section [Table] 13.3.6, ``VEGP Unit 4 ITAAC,'' which includes
ITAAC 8.0, ``Exercises and Drills.'' ITAAC 8.0 requires a limited
participation exercise for Unit 4, in order to demonstrate the various
emergency preparedness capabilities listed in the associated ITAAC
acceptance criteria. The ESP Plan and Unit 4 ITAAC were included in
SNC's Unit 4 COL application, and ITAAC 8.0 (consisting of Unit 4 ITAAC
Nos. 870, E.3.9.08.01.01; 871, E.3.9.08.01.02; and 872, E.3.9.08.01.03)
was included in Appendix C, Table E.3.9-8 of the Unit 4 COL.
Unit 4 COL ITAAC 870, 871, and 872, which address exercise-related
aspects of emergency preparedness and response for Unit 4, were
subsequently deleted by Unit 4 License Amendment No. 161 (September 5,
2018; ADAMS Package Accession No. ML19213A288). Prior to their
deletion, ITAAC 870, 871, and 872 had been revised by Unit 4 License
Amendment No. 94 (ADAMS Package Accession No. ML17256A028) (referenced
by SNC in its exemption request) to change the ITAAC Program Commitment
to conduct a partial participation exercise, and to consolidate
duplicated or redundant ITAAC. Finally, while License Amendment 161
deleted the Unit 4 COL requirement in ITAAC 870, 871, and 872 to
conduct a partial participation exercise, the separate exercise
requirement in section IV.F.2.a.(iii) of appendix E to 10 CFR part 50
remained
[[Page 26554]]
applicable to Unit 4 and is the subject of this exemption request.
II. Request/Action
Pursuant to 10 CFR 50.12, ``Specific exemptions,'' SNC requested,
by letter dated March 6, 2020 (ADAMS Accession No. ML20066G904), an
exemption from the requirements of section IV.F.2.a.(iii) of appendix E
to 10 CFR part 50, as applicable to VEGP Unit 4. Enclosure 1 to this
letter includes the supporting justification for SNC's request (ADAMS
Accession No. ML20066G906). Specifically, SNC requested an exemption
for VEGP Unit 4 from the requirement in section IV.F.2.a.(iii) to
appendix E of 10 CFR part 50 for an applicant who currently has an
operating reactor at the site to perform an exercise, either full or
partial participation, for each subsequent reactor constructed on the
site. The exemption removes the requirement to perform an emergency
preparedness exercise at VEGP Unit 4 prior to its initial fuel load.
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 the health and
safety of the public, and are consistent with the common defense and
security; and (2) special circumstances are present. These special
circumstances include, among other things, when the 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.
1. The Exemption Is Authorized by Law
The exemption removes the requirement in section IV.F.2.a.(iii) of
appendix E to 10 CFR part 50 for SNC to perform an emergency
preparedness exercise, either full or partial participation, at VEGP
Unit 4 prior to initial fuel load. The VEGP Unit 4 emergency
preparedness response capabilities, emergency response facilities, and
emergency response organization (ERO) are common to both VEGP Units 3
and 4 and have been evaluated during a VEGP Unit 3 partial
participation exercise. These emergency preparedness response
capabilities will continue to be evaluated under the 8-calendar-year
emergency preparedness exercise cycle for the VEGP site (Units 1, 2, 3,
and 4). The NRC staff has determined that granting SNC's requested
exemption will not result in a violation of the Atomic Energy Act of
1954, as amended, or the Commission's regulations and that no other law
precludes the requested changes. Therefore, the exemption is authorized
by law.
2. The Exemption Presents No Undue Risk to Public Health and Safety
The NRC staff considered SNC's detailed justification supporting
the proposed exemption from section IV.F.2.a.(iii) of appendix E to 10
CFR part 50 for VEGP Unit 4's exercise prior to its initial fuel load.
Based on its review of the information submitted with SNC's requested
exemption, the NRC staff concluded that VEGP Unit 4 shares emergency
preparedness program response capabilities with Vogtle Unit 3 under a
common VEGP Emergency Plan Annex, which was subsequently demonstrated
during VEGP Unit 3's initial partial participation exercise. In
addition, future Unit 4 exercises will be conducted as part of the 8-
calendar-year exercise cycle for the VEGP site (Units 1, 2, 3, and 4).
The VEGP Unit 4 capabilities that will have been demonstrated
during the VEGP Unit 3 exercise comprise various principal functional
areas of emergency response, as they are described in the applicable
exercise-related requirements and guidance. Specifically, areas of
demonstration during exercises are described in 10 CFR 50.47(b)(14),
which identifies major portions of emergency response capabilities, and
in sections IV.F.2.b and IV.F.2.j of appendix E to 10 CFR part 50,
which identify key skills necessary to implement the principal
functional areas of emergency response. In addition, section IV.F.2.a
of appendix E calls for conducting an exercise that will test as much
of the emergency plans as is reasonably achievable for each reactor
site without mandatory public participation. The scope of exercise
demonstrations is also addressed in related guidance, consisting of
Section II.N.1 of NUREG-0654, ``Criteria for Preparation and Evaluation
of Radiological Emergency Response Plans and Preparedness in Support of
Nuclear Power Plants,'' November 1980 (ADAMS Accession No.
ML040420012), which states that exercises should test the integrated
capability and a major portion of the basic elements existing within
emergency preparedness plans and organizations, and verify the
capability to respond to an accident scenario requiring response. The
successful completion of the Unit 3 partial participation exercise
means that the exercise requirements addressed in this notice have been
evaluated, and any deficiencies have been corrected.
The NRC staff finds that Units 3 and 4 are of the same reactor type
and design (i.e., Westinghouse AP1000 reactor), and that they share the
same resources, requirements, capabilities, emergency response
facilities, procedures, and ERO, which is facilitated by VEGP Units 3
and 4 being located side-by-side on the VEGP site. In addition, the NRC
staff finds that the identified, shared emergency planning resources,
requirements, capabilities, etc., are consistent with the requirements
of the applicable regulations and guidance for demonstration of the
principal functional areas of emergency response during an exercise.
Further, inclusion of the VEGP Unit 4 exercise into the 8-calendar-year
exercise cycle for the VEGP site would postpone its first exercise
until after initial fuel load. This option is consistent with section
IV.F.2.a.(iii) of appendix E to 10 CFR part 50, which states, in part,
that this exercise may be incorporated in the exercise requirements of
sections IV.F.2.b and IV.F.2.c of appendix E (which address the timing
and coordination of exercises at reactor sites). Therefore, the NRC
staff has determined that conducting a VEGP Unit 4 partial
participation exercise prior to Unit 4's initial fuel load will not
demonstrate any new aspects of emergency planning resources,
capabilities, emergency response facilities, procedures, or ERO used to
accomplish the principal functional areas of emergency response that
were not already demonstrated during the VEGP Unit 3 partial
participation exercise.
Because the VEGP Unit 4 emergency preparedness response
capabilities and ERO were already demonstrated during a VEGP Unit 3
partial participation exercise and will continue to be evaluated under
the 8-calendar-year emergency preparedness exercise cycle for the VEGP
site, there is no change in risk to public health and safety.
Therefore, the exemption does not present an undue risk to public
health and safety.
3. The Exemption Is Consistent With the Common Defense and Security
The exemption from section IV.F.2.a.(iii) of appendix E to 10 CFR
part 50 removes the requirement for SNC to perform an emergency
preparedness exercise at VEGP Unit 4 prior to initial fuel load. The
licensee's successful completion of the Unit 3 partial participation
exercise demonstrates the adequacy of
[[Page 26555]]
emergency preparedness response capabilities and ERO for both Units 3
and 4. Units 3 and 4 would also be incorporated into the 8-calendar-
year emergency preparedness exercise cycle for the VEGP site. In
addition, this exemption does not involve changes to the SNC Standard
Emergency Plan or the VEGP Units 3 and 4 Standard Emergency Plan Annex
and has no impact on plant security or safeguards. Therefore, the NRC
staff has determined that this exemption does not affect the common
defense and security.
4. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(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. Section
IV.F.2.a.(iii) of appendix E to 10 CFR part 50 requires, in part, that
an emergency preparedness exercise be conducted for each subsequent
reactor constructed on an existing reactor site. The underlying purpose
of section IV.F.2.a.(iii) of appendix E to 10 CFR part 50 for VEGP Unit
4 is to ensure that an adequate state of emergency preparedness
response capability exists for VEGP Unit 4 through the conduct of an
emergency preparedness exercise prior to Unit 4 initial fuel load. In
addition, as the Commission described in the statement of consideration
for the 2007 final rule (72 FR 49351, 49401, August 28, 2007) that
added section IV.F.2.a.(iii) to appendix E to 10 CFR part 50, the
requirement for emergency preparedness exercises for each subsequent
reactor constructed at a site was intended to provide for the
demonstration of ITAAC for various emergency preparedness requirements
(e.g., programs and facilities) that did not warrant their own
specific, detailed ITAAC (separate from the exercise).
The exemption removes the requirement to perform an emergency
preparedness exercise at VEGP Unit 4 prior to initial fuel load. Since
all the emergency preparedness exercise ITAAC for VEGP Unit 4 were
previously deleted by License Amendment 161, and the VEGP Unit 4
emergency preparedness response capabilities and ERO were demonstrated
during the Unit 3 partial participation exercise, the underlying
purpose of section IV.F.2.a.(iii) for the VEGP Unit 4 exercise is met
under the terms of the exemption. Therefore, the NRC staff has
determined that the special circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of the exemption from section
IV.F.2.a.(iii) exist because requiring a separate exercise for Unit 4
is not necessary to meet the underlying purpose of the rule.
5. Environmental Consideration
The NRC staff determined that the exemption discussed herein meets
the eligibility criteria for the categorical exclusion set forth in 10
CFR 51.22(c)(25). The requested exemption seeks to remove the
requirement in section IV.F.2.a.(iii) of appendix E to 10 CFR part 50
to conduct either a full or partial participation emergency
preparedness exercise for VEGP Unit 4 prior to its initial fuel load,
but does not make any physical changes to the facility, the approved
SNC Standard Emergency Plan, the VEGP Units 3 and 4 Standard Emergency
Plan Annex, or the facility operating procedures. Under 10 CFR
51.22(c)(25), granting an exemption from the requirements of any
regulation of chapter I to 10 CFR is a categorical exclusion provided
that (i) there is no significant hazards consideration; (ii) there is
no significant change in the types or significant increase in the
amounts of any effluents that may be released offsite; (iii) there is
no significant increase in individual or cumulative public or
occupational radiation exposure; (iv) there is no significant
construction impact; (v) there is no significant increase in the
potential for or consequences from radiological accidents; and (vi) the
requirements from which an exemption is sought involve certain
categories of requirements, such as scheduling requirements related to
the performance of an emergency preparedness exercise.
As required by 10 CFR 51.22(c)(25)(i), and using the criteria set
out in 10 CFR 50.92(c), the NRC staff reviewed whether the exemption
request involves no significant hazards consideration.
(1) Does the requested exemption involve a significant increase in
the probability or consequences of an accident previously evaluated?
No. The exemption to 10 CFR part 50, appendix E, section
IV.F.2.a.(iii) removes the requirement to perform an emergency
preparedness exercise at VEGP Unit 4 prior to initial fuel load. The
exemption does not alter the design, function, or operation of any
plant equipment and does not involve or interface with any structure,
system or component (SSC) accident initiator or initiating sequence of
events, so the probabilities of the accidents evaluated in the Updated
Final Safety Analysis Report (UFSAR) are not affected. The exemption
does not allow for a new fission product release path, nor does it
result in a new fission product barrier failure mode or create a new
sequence of events that would result in fuel cladding failures. The
exemption does not involve any safety-related SSCs or functions used to
mitigate an accident, thus the consequences of the accidents evaluated
in the UFSAR are not affected. Therefore, granting this exemption does
not involve a significant increase in the probability or consequences
of an accident previously evaluated.
(2) Does the requested exemption create the possibility of a new or
different kind of accident from any accident previously evaluated?
No. The exemption does not alter the design, function, or operation
of any plant equipment. The exemption does not create any new failure
mechanisms, malfunctions, or accident initiators. The exemption does
not affect the operation of any systems or equipment such that a new or
different kind of accident, failure mode, or malfunction is created, or
alter any SSC such that a new accident initiator or initiating sequence
of events is created. Therefore, granting this exemption does not
create the possibility of a new or different kind of accident from any
accident previously evaluated.
(3) Does the requested exemption involve a significant reduction in
a margin of safety?
No. The exemption does not affect an SSC, SSC design function, or
method of performing or controlling a design function. The exemption
does not affect safety-related equipment or fission product barriers.
No safety analysis or design basis acceptance limit or criterion is
challenged or exceeded by the exemption. The exemption does not involve
changes to the SNC Standard Emergency Plan or the VEGP Units 3 and 4
Standard Emergency Plan Annex, and therefore, there is no reduction in
effectiveness in emergency planning, pursuant to 10 CFR 50.54(q).
Therefore, granting this exemption does not involve a significant
reduction in a margin of safety.
As all of the responses to the above questions are in the negative,
under 10 CFR 51.22(c)(25)(i), the NRC staff has concluded that the
exemption involves no significant hazards consideration.
The exemption does not alter the design, function, or operation of
any plant equipment. There are no changes to effluent types, plant
radiological or non-radiological effluent release quantities, any
effluent release path, or the functionality of any design or
operational features credited with controlling the release of effluents
during plant operation or construction. Therefore, under 10 CFR
51.22(c)(25)(ii), the NRC staff concludes that the
[[Page 26556]]
exemption does not involve a significant change in the types or
significant increase in the amounts of any effluents that may be
released offsite.
The exemption does not change plant radiation zones, radiological
effluent release pathways and release quantities, or cause any changes
to the controls required under 10 CFR part 20 that preclude a
significant increase in public dose or occupational radiation exposure.
Therefore, under 10 CFR 51.22(c)(25)(iii), the NRC staff concludes that
the exemption does not involve a significant increase in individual or
cumulative public or occupational radiation exposure.
The exemption does not alter the design, function, or operation of
any plant equipment. No change to the facility is being made as a
result of this exemption. Therefore, under 10 CFR 51.22(c)(25)(iv), the
NRC staff concludes that the exemption does not involve a significant
construction impact.
The exemption does not alter the design, function, or operation of
any plant equipment, and does not involve any safety-related SSCs or
functions used to mitigate an accident. No change to the facility is
being made as a result of this exemption. Therefore, under 10 CFR
51.22(c)(25)(v), the NRC staff concludes that the exemption does not
involve a significant increase in the potential for or consequences
from radiological accidents.
The exemption involves scheduling requirements related to the
performance of an emergency preparedness exercise. Therefore, under 10
CFR 51.22(c)(25)(vi)(G), the NRC staff concludes that the exemption
involves a scheduling requirement.
Based on the evaluation above, the NRC staff concludes that the
exemption meets the criteria of 10 CFR 51.22(c)(25). Therefore, in
accordance with 10 CFR 51.22(b), an environmental impact statement or
environmental assessment is not required for the NRC staff's
consideration of this exemption request.
IV. Conclusion
Based on the above, the NRC staff concludes that, with the VEGP
Unit 4 exemption from section IV.F.2.a.(iii) of appendix E to 10 CFR
part 50, there is reasonable assurance that adequate protective
measures can, and will, be taken in the event of a radiological
emergency at VEGP Unit 4, and that VEGP Unit 4 continues to demonstrate
compliance with 10 CFR 50.47(b)(14) and appendix E to 10 CFR part 50.
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the exemption is authorized by law, will not present an undue
risk to the health and safety of the public, and is consistent with the
common defense and security. Also, special circumstances are present.
Therefore, given that a partial participation exercise for VEGP Unit 3
was successfully completed, the Commission has granted SNC an exemption
from section IV.F.2.a.(iii) of appendix E to 10 CFR part 50, to
eliminate the requirement to perform an emergency preparedness exercise
at VEGP Unit 4 prior to its initial fuel load.
Dated: May 11, 2021.
For the Nuclear Regulatory Commission.
Gregory T. Bowman,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-10254 Filed 5-13-21; 8:45 am]
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