[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67740-67744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25876]
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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
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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[[Page 67741]]
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
is issuing an exemption from the Commission's regulations that require
a written examination and operating test to be requested and
administered to 72 licensed operator candidates at Vogtle Electric
Generating Plant (VEGP) Unit 4 in response to Southern Nuclear
Operating Company, Inc.'s (SNC) request dated July 8, 2021, as
supplemented by letter dated October 1, 2021. The NRC is effectively
giving these 72 candidates credit for the written examination and
operating test that they already took and passed at VEGP Unit 3.
DATES: The exemption was issued on November 22, 2021.
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 July 8, 2021 and is available
in ADAMS under Package Accession No. ML21189A153. The request was
supplemented by letter dated October 1, 2021 (ADAMS Package Accession
No. ML21281A214).
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[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: Cayetano Santos Jr., Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-7270; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
SNC, Georgia Power Company, Oglethorpe Power Corporation, MEAG
Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, and the
City of Dalton, Georgia 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 facilities consist of two
Westinghouse Electric Company (Westinghouse) AP1000 pressurized-water
reactors (PWRs) located in Burke County, Georgia. The licenses are
subject to the rules, regulations, and orders of the NRC.
Appendix D, ``Design Certification Rule for the AP1000 Design,'' to
title 10 of the Code of Federal Regulations (10 CFR) part 52,
``Licenses, Certifications, and Approvals for Nuclear Power Plants,''
constitutes the standard design certification for the Westinghouse
AP1000 design, in accordance with 10 CFR part 52, subpart B, ``Standard
Design Certifications.'' ``Standard design'' is defined in 10 CFR 52.1,
``Definitions,'' as ``a design which is sufficiently detailed and
complete to support certification or approval in accordance with
subpart B or E of [10 CFR part 52], and which is usable for a multiple
number of units or at a multiple number of sites without reopening or
repeating the review.''
II. Request/Action
Pursuant to 10 CFR 55.11, ``Specific exemptions,'' by letter dated
July 8, 2021 (ADAMS Package Accession No. ML21189A153), as supplemented
by letter dated October 1, 2021 (ADAMS Package Accession No.
ML21281A214), SNC requested an exemption from the requirements in 10
CFR 55.31, ``How to apply,'' paragraph (a)(3) and 10 CFR 55.33(a)(2),
``Written examination and operating test,'' on behalf of 72 operators
who are licensed to operate VEGP Unit 3 and are requesting a license on
VEGP Unit 4. Enclosure 1 of the July 8, 2021, letter contains SNC's
justification for the requested exemption. Enclosure 2 of the July 8,
2021, letter identifies the subject operators by name and docket
number. Enclosure 3 of the July 8, 2021, letter includes a sample of
NRC Form 398, ``Personnel Qualification Statement--Licensee.'' The
NRC's granting of the requested exemption is based on Enclosure 1 of
the July 8, 2021, letter, as supplemented by the enclosure of the
October 1, 2021, letter. Enclosure 2 of the July 8, 2021, letter is
superseded by the enclosure of the October 1, 2021, letter. The NRC
staff did not review Enclosure 3 of the July 8, 2021, letter. The
exemption is valid only for the 72 licensed operator candidates
identified in the enclosure of the October 1, 2021, letter.
10 CFR 55.31(a)(3) requires each applicant for an operator's
license to submit a written request that the written examination and
operating test be administered to the applicant. This written request
must come from an authorized representative of the facility licensee by
which the applicant will be employed. 10 CFR 55.33(a)(2) states, in
part, that the Commission will approve an initial application for a
license if it finds that the applicant has passed the requisite written
examination and operating test in accordance with 10 CFR 55.41 and
55.45 or 55.43 and 55.45. The written examinations and operating tests
determine whether an applicant for an operator's license has learned to
operate a facility competently and safely, and additionally, in the
case of a senior operator, whether the applicant has learned to direct
the licensed activities of licensed operators competently and safely.
Written examinations administered to operator candidates must contain a
representative sample from among the topics listed in 10 CFR
55.41(b)(1)-(14), and additionally, written examinations administered
to senior operator candidates must contain a representative sample from
among the topics listed in 10 CFR 55.43(b)(1)-(7). Operating tests must
contain a representative sample from among the topics listed in 10 CFR
55.45(a)(1)-(13).
Additionally, 10 CFR 55.40(a) requires the Commission to use the
criteria in NUREG-1021, ``Operator Licensing Examination Standards for
Power Reactors'' (ADAMS Accession No. ML17038A432), in effect 6 months
before the examination date to prepare the written examinations
required by 10 CFR 55.41 and 55.43 and the operating tests required by
10 CFR 55.45 and to evaluate the written examinations and operating
tests prepared by power reactor facility licensees. Preparing the
written examinations and operating tests using the appropriate
knowledge and abilities catalog, in conjunction with NUREG-1021,
ensures that the
[[Page 67742]]
written examinations and operating tests include a representative
sample of the items specified in 10 CFR 55.41, 55.43, and 55.45.
NUREG-2103, ``Knowledge and Abilities Catalog for Nuclear Power
Plant Operators: Westinghouse AP1000 Pressurized Water Reactors''
(ADAMS Accession No. ML20357A103), was developed specifically for
Westinghouse AP1000 PWRs. NUREG-1021, Appendix A, ``Overview of Generic
Examination Concepts,'' explains that the knowledge and abilities
catalogs provide the basis for the development of content-valid
examinations for reactor operators (ROs) and senior reactor operators
(SROs), consistent with the applicable testing industry standards.
NUREG-1021, Appendix A further explains the concept of content-validity
and states, in part, that ``[i]n the case of the NRC examinations, the
intent is to measure the examinee's knowledge and ability (K/A) such
that those who pass will be able to perform the duties of [an RO or an
SRO] to ensure the safe operation of the plant.''
In accordance with the guidance in NUREG-1021, Section ES-401N,
``Preparing Initial Site-Specific Written Examinations,'' a sample plan
needs to be prepared for each written examination. Section ES-401N
states, in part, that this involves ``[s]ystematically and randomly
select[ing] specific K/A statements (e.g., K1.03 or A2.11) from NUREG-
2103 (for AP-1000) . . . to complete each of the three tiers (i.e.,
Tier 1, `Emergency and Abnormal Plant Evolutions'; Tier 2, `Plant
Systems'; and Tier 3, `Generic Knowledge and Abilities') of the
applicable examination outline.'' For the AP1000, NUREG-1021, Form ES-
401N-2, ``AP1000 Examination Outline,'' is the applicable examination
outline. Once the written examination outline is complete, written
examination questions can be developed from the K/A statements selected
for the examination as documented on the examination outline. The K/A
catalog is also used to select topics for the operating test, which
consists of an individual walkthrough portion and a simulator test
portion.
III. Discussion
Pursuant to 10 CFR 55.11, the Commission may, upon application by
an interested person, or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 55, ``Operators' Licenses,'' as it
determines (1) are authorized by law, (2) will not endanger life or
property, and (3) are otherwise in the public interest.
A. The Exemption Is Authorized by Law
Exemptions are authorized by law where they are not expressly
prohibited by statute or regulation. A proposed exemption is implicitly
authorized by law if it will not endanger life or property and is
otherwise in the public interest and no other provisions in law
prohibit, or otherwise restrict, its application. The NRC has reviewed
the exemption request and finds that granting the proposed exemption
will not result in a violation of the Atomic Energy Act of 1954, as
amended, or other laws. Accordingly, the NRC finds that the exemption
is authorized by law.
B. The Exemption Will Not Endanger Life or Property
Pursuant to 10 CFR 55.33(a)(2), the Commission will approve an
initial application for a license if it finds, in part, that the
applicant has passed the requisite written examination and operating
test in accordance with 10 CFR 55.41 and 55.45 or 55.43 and 55.45.
These examinations and tests determine whether the applicant for an
operator's license has learned to operate a facility competently and
safely, and additionally, in the case of a senior operator, whether the
applicant has learned to direct the licensed activities of licensed
operators competently and safely. Competent and safe operators protect
against endangerment of life or property. Accordingly, where
examinations and tests adequately determine who is competent, those
examinations and tests are protective of and do not endanger life or
property.
The 72 licensed operator candidates identified in the enclosure of
the letter dated October 1, 2021, already took and passed an NRC
written examination and an operating test for VEGP Unit 3, which were
prepared and evaluated using the criteria in NUREG-1021 and the K/As in
NUREG-2103. An NRC examination for VEGP Unit 4 would also use the
criteria in NUREG-1021 and the K/As in NUREG-2103 to define its scope,
format, and content. Specific test items, such as the individual
written examination questions, would therefore be applicable to both
VEGP Units 3 and 4, unless there were differences between the two units
that could alter the content of a particular test item or job
performance measure (JPM).
As discussed in Enclosure 1, Section 2.0, of the letter dated July
8, 2021, SNC conducted an analysis to identify and evaluate the
differences between VEGP Units 3 and 4 and to determine whether they
would impact how operators perform tasks at each unit. SNC concluded
that there were a few minor differences identified to date in the Waste
Water and Offsite Power Systems. The differences between VEGP Units 3
and 4 related to the Waste Water Systems consisted of naming and
indication differences only, and SNC stated that these differences do
not impact how operators perform tasks. The difference between VEGP
Units 3 and 4 related to the Offsite Power Systems is a physical
difference, in that VEGP Unit 3 is connected to a 230 kilovolt (kV)
switchyard and VEGP Unit 4 is connected to a 500 kV switchyard.
Although the voltages of the switchyards are different between VEGP
Units 3 and 4, SNC's analysis concluded that all components manipulated
by operators are mechanically identical and are operated identically
despite having different labels and designators. As a result, the
identified differences in the Offsite Power Systems have no operational
impact in performing Abnormal or Emergency Operating Procedures. SNC
also conducted a Training Needs Analysis, and this analysis concluded
that the differences between VEGP Units 3 and 4 require no additional
training and that no new/modified examination questions, scenarios, or
JPMs are needed. Therefore, the NRC written examination and operating
test for VEGP Unit 3 already taken and passed by the 72 licensed
operator candidates was of the same structure, scope, and format as the
NRC written examination and operating test that they would have to take
for VEGP Unit 4, and it also tested topics that are relevant to the
operation of both VEGP Units 3 and 4.
In Enclosure 1, Section 4.0, of the letter dated July 8, 2021, SNC
states, in part, that the VEGP Units 3 and 4 ``continuing training
program is based on the requirements defined in 10 CFR part 55.59 and
is accredited through the National Academy for Nuclear Training.'' In
addition, the training program uses a systematic approach to training
process to assess whether differences impact operators' performance of
tasks on each unit and also the extent to which the training program
needs to be adjusted to ensure that operators are adequately trained to
perform those tasks at both units.
Based on the above, the NRC determined that the 72 licensed
operator candidates' knowledge and abilities associated with the
operation of VEGP Unit 4 have already been assessed by the NRC written
examination and operating test given for VEGP Unit 3, and that by
passing that examination and test, these individuals have demonstrated
that they are also
[[Page 67743]]
competent to safely operate VEGP Unit 4. Accordingly, the NRC finds
that the exemption will not endanger life or property.
C. The Exemption Is Otherwise in the Public Interest
The Commission's values guide the NRC in maintaining certain
principles of good regulation as it carries out regulatory activities
in furtherance of its safety and security mission. These principles
focus the NRC on ensuring safety and security while appropriately
considering the interests of the NRC's stakeholders, including the
public and licensees. These principles are Independence, Openness,
Efficiency, Clarity, and Reliability. Independence relates to NRC
decisions being based on objective, unbiased assessments of all
information. Openness relates to the NRC conducting its regulatory
activities publicly and candidly. Efficiency relates to the NRC
ensuring that its regulatory activities are consistent with the degree
of risk reduction they achieve; adopting the option, where several
effective alternatives are available, that minimizes the use of
resources; and making regulatory decisions without delay. Clarity
relates to NRC positions being readily understood and easily applied.
Reliability relates to established regulations being perceived to be
reliable and not unjustifiably in a state of transition. The NRC's
principles of good regulation can also provide guidance as to whether
the granting of a particular exemption is otherwise in the public
interest.
On balance, the NRC's principles of good regulation demonstrate
that the granting of the requested exemption is otherwise in the public
interest. First, as clearly, openly, and independently determined
above, the 72 licensed operator candidates identified in the enclosure
of the October 1, 2021, letter each passed a written examination and
operating test for VEGP Unit 3 that also covered all content that is
applicable to VEGP Unit 4.
Second, concerning the principle of efficiency, in Enclosure 1,
Section 5.3, of the July 8, 2021, letter, SNC explained that if the
exemption is granted, then training resources will be available to meet
other site training needs and to ensure that trained operations
personnel are available to support ongoing activities at VEGP Unit 3
including testing and fuel load. The NRC staff will also not have to
devote resources to preparing and validating additional written
examinations and operating tests for these 72 licensed operator
candidates. Additionally, these operators will be able to remain in the
continuing training program for VEGP Units 3 and 4, which will help to
ensure that they maintain proficiency in topics included in the initial
training program and that they also receive training on any changes
made to the plant design or procedures prior to fuel load and plant
operation. For these reasons, the NRC finds that granting the exemption
is an effective and efficient alternative to requiring the 72 licensed
operator candidates to take another written examination and operating
test to be licensed on VEGP Unit 4.
Finally, concerning the principle of reliability, the NRC has
already found that the 72 licensed operator candidates have the
necessary knowledge and abilities to operate VEGP Unit 3 safely and
competently. As discussed above, by granting the requested exemption,
the substantive requirements upon the licensed operator candidates are
unchanged. Furthermore, the public has an interest in reliability in
terms of the stability of the nuclear regulatory planning process. If
granted, this exemption aids planning by the NRC and the industry by
allowing the 72 license operator candidates to complete their
applications sooner, with the underlying requirements essentially
unchanged, and could result in licensing decisions being made earlier
than would be possible if the candidates had to wait to also take a
written examination and operating test for VEGP Unit 4.
Based on the above, the NRC finds that the exemption is otherwise
in the public interest.
D. Environmental Considerations
The NRC has determined that granting this exemption from the
requirements of 10 CFR 55.31(a)(3) and 10 CFR 55.33(a)(2) involves (i)
no significant hazards consideration, (ii) no significant change in the
types or significant increase in the amounts of any effluents that may
be released offsite, (iii) no significant increase in individual or
cumulative public or occupational radiation exposure, (iv) no
significant construction impact, and (v) no significant increase in the
potential for or consequences from radiological accidents.
The granting of this exemption involves no significant hazards
consideration because:
The exemption does not alter the design, function, or
operation of any plant equipment; therefore, granting the exemption
would not increase the probability or consequences of an accident
previously evaluated.
The exemption does not create any new accident initiators;
therefore, granting the exemption would not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The exemption does not exceed or alter a design basis or
safety limit; therefore, granting the exemption would not 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 because
this exemption does not affect any effluent release limits as provided
in the facility licensee's technical specifications or the regulations
in 10 CFR part 20, ``Standards for Protection Against Radiation.''
There is no significant increase in individual or cumulative public or
occupational radiation exposure because the exemption does not affect
the limits provided in 10 CFR part 20 for radiation exposure to workers
or members of the public. There is no significant construction impact
because the exemption does not involve any construction activities or
changes to a construction permit. There is no significant increase in
the potential for or consequences from radiological accidents because
the exemption does not alter any of the assumptions or limits in the
facility licensee's safety analysis.
The NRC determined, per 10 CFR 51.22(c)(25)(vi)(E), that the
requirements from which the exemption is sought involve education,
training, experience, qualification, requalification, or other
employment suitability requirements. Accordingly, the exemption meets
the eligibility criteria for 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 granting the requested exemption.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
55.11, the exemption is authorized by law, will not endanger life or
property, and is otherwise in the public interest. Therefore, effective
immediately, the Commission hereby grants the request to exempt the 72
licensed operator candidates listed in the enclosure of letter dated
October 1, 2021, from the 10 CFR 55.31(a)(3) and 10 CFR 55.33(a)(2)
requirements that a written examination and operating test be requested
and administered to them for VEGP Unit 4, effectively giving these
candidates credit for the written examination and
[[Page 67744]]
operating test that they already took and passed for VEGP Unit 3.
Dated: November 22, 2021.
For the Nuclear Regulatory Commission.
Gregory T. Bowman,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-25876 Filed 11-26-21; 8:45 am]
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