[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44057-44059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17116]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348, 50-364; and 50-424, 50-425; NRC-2021-0139]
Southern Nuclear Operating Company; Joseph M. Farley Nuclear
Plant, Units 1 and 2; 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) is granting
exemptions in response to a request dated June 9, 2021, from Southern
Nuclear Operating Company, Inc., seeking exemptions from specific
regulations that require periodic updates of the Farley Nuclear Plant,
Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2,
Updated Final Safety Reports (UFSARs).
DATES: The exemption was issued on August 4, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0139 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-2021-0139. 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.
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. (ET), Monday through
Friday, except Federal holidays.
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 exemptions is attached.
Dated: August 6, 2021.
For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing Branch 2-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-348, 50-364; and 50-424, 50-425
Southern Nuclear Operating Company
Joseph M. Farley Nuclear Plant, Units 1 and 2
Vogtle Electric Generating Plant, Units 1 and 2
I. Background
Southern Nuclear Operating Company (SNC, the licensee) is the
holder of Facility Operating License Nos. NPF-2, NPF-8, NPF-68, and
NPF-81, for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2;
and the Vogtle Electric Generating Plant (Vogtle), Units 1 and 2,
respectively. The licenses provide, among other things, that the
licensee is subject to all rules, regulations, and orders of the
Commission now or hereafter in effect. The Farley, Units 1 and 2; and
Vogtle, Units 1 and 2, facilities consist of two pressurized-water
reactors located at each of the licensee's sites in Houston County,
Alabama, and Burke County, Georgia, respectively.
II. Request/Action
In accordance with Section 50.71 of title 10 of the Code of Federal
Regulations (10 CFR), ``Maintenance of records, making of reports,''
paragraph (e)(4) states, in part, that ``Subsequent revisions [to the
Updated Final Safety Analysis Report (UFSAR) submitted as part of the
original license application] must be filed annually or 6 months after
each refueling outage provided the interval between successive updates
[to the UFSAR] does not exceed 24 months.'' By letter dated June 9,
2021 (ADAMS Accession No. ML21160A156), SNC requested that the due date
for submittal of the Farley, Units 1 and 2, UFSAR be by October 31 of
every odd-numbered year, provided the interval between successive
updates does not exceed 24 months, and that the due date for submittal
of the Vogtle, Units 1 and 2, UFSAR be by October 31 of every even-
numbered year, provided the interval between successive updates does
not exceed 24 months.
Pursuant to 10 CFR 50.12, ``Implementation of the Equal Access to
Justice Act in Agency Proceeding,'' the NRC may, upon application by
any
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interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR part 50, ``Domestic Licensing of Production and
Utilization Facilities,'' including 10 CFR 50.71(e)(4) when: (1) 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; and (2) special circumstances are present. Under 10 CFR
50.12(a)(2), special circumstances include, among other things,
whenever application of the regulation in the particular circumstances
would not serve, or is not necessary to achieve, the underlying purpose
of the rule.
III. Discussion
The Exemption Is Authorized by Law
The regulation at 10 CFR 50.71(e)(4) requires revisions to UFSARs
to be filed annually or six months after each refueling outage,
provided the interval between successive updates does not exceed 24
months. The underlying purpose of the regulation is to ensure that the
licensee periodically updates its UFSAR so that the UFSAR remains up-
to-date and accurately reflects the plant design and operation. The
proposed exemptions would change the current UFSAR submittal schedule
for Farley, Units 1 and 2, and Vogtle, Units 1 and 2, to a calendar-
based schedule that would not exceed the maximum 24 months between
successive updates as required by 10 CFR 50.71(e)(4). Submitting the
UFSAR updates for Farley, Units 1 and 2; and Vogtle, Units 1 and 2, as
proposed by October 31 of the odd year and by October 31 of the even
year, respectively, continues to meet the intent of the regulation and
maintaining UFSAR information up-to-date. The NRC staff has determined
that 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. Therefore, the exemptions are authorized by
law.
The Exemption Presents No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that
licensees periodically update their UFSARs so that the UFSARs remain
up-to-date and accurately reflect the plant design and operation. The
NRC has determined by rule that an update frequency not exceeding 24
months between successive updates is acceptable for maintaining up to
date UFSAR content. Farley, Units 1 and 2, were granted an exemption
dated July 7, 1998 (ADAMS Accession No. ML013130216), that allowed the
licensee to submit a unified UFSAR update for both units every 18
months, not to exceed 24 months from the last submittal. Vogtle, Units
1 and 2, were granted an exemption dated March 5, 1998 (ADAMS Accession
No. ML012410088), that allowed the licensee to submit a unified UFSAR
update for both units every 18 months, not to exceed 24 months from the
last submittal. While the regulation requires, in part, that UFSAR
updates be submitted ``annually or 6 months after each refueling
outage,'' it allows the submission of such updates on a different
schedule, ``provided the interval between successive updates does not
exceed 24 months.'' The requested exemptions also meet the intent of
the rule for regulatory burden reduction. Additionally, based on the
nature of the requested exemptions and the requirement that updates
will not exceed 24 months from the last submittal as described in this
notice, no new accident precursors are created by the exemptions;
therefore, neither the probability nor the consequences of postulated
accidents are increased. In conclusion, the requested exemptions do not
result in any undue risk to the public health and safety.
The Exemption Is Consistent With the Common Defense and Security
The requested exemptions from 10 CFR 50.71(e)(4) would allow SNC to
submit its periodic updates to the Farley, Units 1 and 2, UFSAR by
October 31 of odd-numbered years, not to exceed 24 months from the last
submittal, and periodic updates to the Vogtle, Units 1 and 2, UFSAR by
October 31 of even-numbered years, not to exceed 24 months from the
last submittal. Neither the regulation nor the proposed exemptions have
any relation to security issues. Therefore, the common defense and
security is not impacted by the exemptions.
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. The rule
change promulgated in August 1992 (57 FR 39358; August 31, 1992) was
intended to provide a reduction in regulatory burden by providing
licensees with the option to submit UFSAR updates once per refueling
outage, not to exceed 24 months between successive updates, instead of
annually. Currently, Farley, Units 1 and 2, and Vogtle, Units 1 and 2,
submit a combined UFSAR for each site every 18 months, not to exceed 24
months from the last submittal. The processing and submittal of the
UFSAR every 18 months is not necessary to achieve the underlying
purpose of the rule in that the licensee continues to meet the maximum
24-month interval between submittals as required by the regulation.
Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii) in
that application of the requirements in these particular circumstances,
would not serve the underlying purpose of the rule and are not
necessary to achieve the underlying purpose of the rule.
Environmental Considerations
With respect to the impact of the exemptions on the quality of the
human environment, the NRC has determined that the issuance of the
exemptions discussed herein meets the eligibility criteria for
categorical exclusion from the requirement to prepare an environmental
assessment or environmental impact statement, set forth in 10 CFR
51.22(c)(25).
Under 10 CFR 51.22(c)(25), the granting of an exemption from the
requirements of any regulation of 10 CFR chapter I (which includes 10
CFR 50.71(e)(4)) is an action that is a categorical exclusion, provided
that certain specified criteria are met. The basis for NRC's
determination is provided in the following evaluation of the
requirements in 10 CFR 51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i):
To qualify for a categorical exclusion under 10 CFR
51.22(c)(25)(i), the exemption must involve 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 action involves only a schedule change regarding the
submission of an update to the UFSAR. As set forth in that regulation,
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.
Requirements in 10 CFR 51.22(c)(25)(ii):
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
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is administrative in nature, and does not involve any changes in the
types or increase in the amounts of any effluents that may be released
offsite.
Requirements in 10 CFR 51.22(c)(25)(iii):
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 individual or cumulative
public or occupational radiation exposures.
Requirements in 10 CFR 51.22(c)(25)(iv):
There is no significant construction impact. Since the proposed
action involves only a schedule change related to the timing for
submittal of UFSAR updates, which is administrative in nature, it does
not involve any construction impact.
Requirements in 10 CFR 51.22(c)(25)(v):
There is no significant increase in the potential for or
consequences from radiological accidents. The proposed action involves
only a schedule change related to the timing for submittal of UFSAR
updates, which is administrative in nature and does not impact the
potential for or consequences from radiological accidents.
Requirements in 10 CFR 51.22(c)(25)(vi):
The requirements from which the exemption is sought involve
recordkeeping, reporting, scheduling, or other requirements of an
administrative, managerial, or organizational nature. The proposed
action involves recordkeeping, reporting, and scheduling requirements,
and other requirements of an administrative, managerial, or
organizational nature because it is associated with the schedule for
submittal of UFSAR updates pursuant to 10 CFR 50.71(e)(4), and meets
that regulation's requirement that the interval between successive
updates does not exceed 24 months.
Based on the previously noted requirements, the NRC staff concludes
that the proposed 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 the NRC's
issuance of these exemptions.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
part 50.12, the requested 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. Also, special circumstances,
pursuant to 10 CFR 50.12(a)(2)(ii), are present. Therefore, the NRC
hereby grants SNC an exemption from the requirements of 10 CFR
50.71(e)(4) to allow SNC to file its periodic updates to the Farley,
Units 1 and 2, UFSAR by October 31 of odd-numbered years, not to exceed
24 months from the last submittal, and to the Vogtle, Units 1 and 2,
UFSAR by October 31 of even-numbered years, not to exceed 24 months
from the last submittal.
The exemptions are effective upon issuance.
Dated: August 4, 2021.
For the Nuclear Regulatory Commission.
/RA/
Caroline L. Carusone,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2021-17116 Filed 8-10-21; 8:45 am]
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