[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67734-67737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25952]
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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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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
is issuing an exemption from the Commission's regulations in response
to a November 1, 2021, request from Southern Nuclear Operating Company,
Inc. (SNC), as applicable to Vogtle Electric Generating Plant (VEGP)
Units 3 and 4. Specifically, SNC requested a scheduler exemption from
NRC regulations that require a holder of a combined license (COL) to
implement certain physical protection and personnel access
authorization requirements for a power reactor before fuel is allowed
onsite (in the protected area). This exemption allows SNC to implement
these requirements for each unit after the Commission finds that the
acceptance criteria in the COL are met for the unit and prior to that
unit's initial fuel load into the reactor.
DATES: The exemption was issued on November 23, 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:
[[Page 67735]]
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 November 1, 2021, and is
available in ADAMS under Accession No. ML21305B797.
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 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 located in Burke
County, Georgia. The licenses are subject to the rules, regulations,
and orders of the NRC.
Paragraphs 52.79(a)(35) and (a)(36) of title 10 of the Code of
Federal Regulations (10 CFR), ``Licenses, Certifications, and Approvals
for Nuclear Power Plants,'' require a COL applicant, including for VEGP
Units 3 and 4, to include in its final safety analysis report a
physical security plan, a safeguards contingency plan, a training and
qualifications plan, and a cyber security plan that describes how the
applicant will meet the applicable security requirements of 10 CFR part
73 and how the applicant will implement these plans. Vogtle satisfied
these requirements in its COL application. For applicants or licensees
under 10 CFR part 52, these security plans must carry out the
requirements in Sec. 73.55, including the requirements in Sec.
73.55(a)(4) governing physical protection at the site and the
requirements in Sec. 73.56, including the requirements in Sec.
73.56(a)(3) governing access authorization at the site.
For VEGP Units 3 and 4, SNC applied for and was issued licenses
under 10 CFR part 70, ``Domestic Licensing of Special Nuclear
Material,'' as part of the COLs. These Part 70 licenses authorize
possession and use of special nuclear material (SNM) in the forms and
for the purposes specified in the COL. As relevant to this exemption,
the VEGP Units 3 and 4 COLs (1) authorize the licensee to receive and
possess, but not use, SNM as reactor fuel prior to the Commission's
finding under 10 CFR 52.103(g) that the acceptance criteria in the COL
are met for a particular unit, and (2) authorize the licensee to use
the SNM as reactor fuel, after the Commission has made the Sec.
52.103(g) finding for the unit. After the Sec. 52.103(g) finding is
made, the licensee may begin operation, including loading of fuel, in
accordance with the conditions of the license.
As required by Sec. 70.22(k), COL applicants seeking to possess
SNM of moderate strategic significance (also known as a Category II
quantity of SNM) or 10 kg or more of SNM of low strategic significance
(also known as a Category III quantity of SNM), as defined in Sec.
70.4, ``Definitions,'' must have a security plan that identifies how
the licensee will meet the applicable security requirements in
Sec. Sec. 73.67(d), (e), (f), and (g) for the protection of the SNM
(e.g., unirradiated reactor fuel, intermediate range detectors, etc.).
Therefore, SNC developed, and the NRC approved, a physical security
plan for VEGP Units 3 and 4 that demonstrates how SNC will meet the
applicable security requirements in Sec. 73.67, ``Licensee fixed site
and in-transit requirements for the physical protection of special
nuclear material of moderate and low strategic significance.''
II. Request/Action
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' by letter dated
November 1, 2021 (ADAMS Accession No. ML21305B797), SNC requested a
schedular exemption from the requirements of Sec. Sec. 73.55(a)(4) and
73.56(a)(3) to allow VEGP Units 3 and 4 to implement the requirements
of a physical protection program in accordance with Sec. 73.55, and
the associated personnel access authorization program requirements in
accordance with Sec. 73.56, for each unit after the Commission makes
its finding under Sec. 52.103(g) for the unit and prior to the start
of that unit's initial fuel load into the reactor. As SNC's exemption
request indicates, the requested exemption would expire when SNC
implements the requirements of 10 CFR 73.55 and 73.56.
As required by 10 CFR 73.55(a)(4), ``holders of a combined license
under the provisions of 10 CFR part 52 of this chapter, shall implement
the requirements of this section before fuel is allowed onsite
(protected area).'' The 2009 Power Reactor Security Requirements Final
Rule states, ``Section 73.55(a)(4) establishes when an applicant's
physical protection program must be implemented. The Commission
concluded that the receipt of [SNM] in the form of fuel assemblies
onsite, i.e., in the licensee's protected area, is the event that
subjects a licensee to the requirements of Sec. 73.55. It is the
responsibility of the applicant/licensee to implement an effective
physical protection program before SNM in the form of fuel assemblies
is received in the protected area'' (74 FR 13936, March 27, 2009).
Similarly, 10 CFR 73.56(a)(3) requires, in part, that ``each holder of
a combined license under the provisions of part 52 of this chapter,
shall implement the requirements of this section before fuel is allowed
on site (protected area).''
III. Discussion
Pursuant to Sec. 73.5, the Commission may, upon application by an
interested person, or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 73, ``Physical Protection of Plants and
Materials,'' as it determines (1) are authorized by law, (2) will not
endanger life or property or the common defense and security, and (3)
are otherwise in the public interest.
A. The Exemption Is Authorized by Law
A proposed exemption under 10 CFR 73.5 is authorized by law if it
will not endanger life or property or the common defense and security
and is otherwise in
[[Page 67736]]
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. As discussed below, the NRC also finds that the other
requirements for an exemption under 10 CFR 73.5 are met. Accordingly,
the NRC finds that the exemption is authorized by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
The schedular exemption from the requirements of Sec. Sec.
73.55(a)(4) and 73.56(a)(3) would allow SNC to continue construction
activities without having to implement the physical security and access
authorization requirements in Sec. Sec. 73.55 and 73.56, respectively,
until prior to each unit's initial fuel load into the reactor. SNC
stated that the exemption does not alter the design, function, or
operation of any structure or plant equipment that is necessary to
maintain a safe and secure status of the plant. Further, the exemption
does not alter or otherwise invalidate any Physical Security Hardware-
related Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC)
closure notifications, which would have been submitted to, and accepted
by, the NRC staff in advance of the Sec. 52.103(g) finding that the
acceptance criteria of the ITAAC in the COL are met.
In its letter dated November 1, 2021, SNC stated, in part, that
during the period between the Sec. 52.103(g) finding and the
implementation of the physical protection program and access
authorization program, SNM will continue to be stored inside the
controlled access area and protected in accordance with the
requirements of SNC's NRC-approved Sec. 73.67 special nuclear material
physical protection program (SNMPPP). Prior to moving fuel outside the
controlled access area (i.e., from the auxiliary building to
containment in support of fuel load), the Sec. 73.55 physical
protection program and Sec. 73.56 access authorization program will
have to be implemented, as the SNMPPP can no longer be used for
physical protection. Thus, SNC stated that the exemption has no impact
on the licensee's capabilities to protect the unirradiated reactor fuel
and intermediate range detectors already on site. And as SNC
recognizes, it must implement the requirements of Sec. 73.55 and Sec.
73.56 before moving fuel outside the controlled access area.
As required by 10 CFR 73.55(b)(1) and 10 CFR 73.56(c), applicants
for an operating license under the provisions of 10 CFR part 50, and
each holder of a COL under the provisions of 10 CFR part 52, shall (1)
establish and maintain a physical protection program which will have as
its objective to provide high assurance that activities involving SNM
are not inimical to the common defense and security and do not
constitute an unreasonable risk to the public health and safety and (2)
have an access authorization program which provides high assurance that
specified individuals are trustworthy and reliable, such that they do
not constitute an unreasonable risk to public health and safety or the
common defense and security, including the potential to commit
radiological sabotage.
The NRC has established a regulatory framework that protects SNM in
a manner commensurate with the risk associated with the material. The
security requirements in Sec. 73.67 consider the risk significance of
the material being protected. Unirradiated reactor fuel brought onsite
at nuclear power reactors typically constitutes a Category III quantity
of SNM. Because of its low enrichment, unirradiated reactor fuel poses
no significant risk to public health and safety and protecting it in
accordance with Sec. 73.67 would not be inimical to the common defense
and security. The NRC has determined that it is appropriate to protect
unirradiated reactor fuel and other non-fuel SNM brought onsite at an
NRC-licensed commercial nuclear power reactor in accordance with Sec.
73.67 until that material is protected in accordance with Sec. 73.55.
Therefore, requiring SNC to implement the requirements of Sec. Sec.
73.55 and 73.56 to protect unirradiated reactor fuel and other non-fuel
SNM that is already being protected in accordance with the requirements
of Sec. 73.67 is unnecessary.
Unirradiated reactor fuel (or other SNM) that is onsite after the
10 CFR 52.103(g) finding and prior to initial fuel load into the
reactor is adequately protected by licensee implementation of the
requirements in Sec. 73.67, including the creation of a controlled
access area. The security risk only increases once the material is
irradiated or if the physical protection requirements are relaxed from
that required by Sec. 73.67. Therefore, applying Sec. 73.55 and Sec.
73.56 security requirements to the protection of unirradiated reactor
fuel and intermediate range detectors stored onsite prior to initial
fuel load into the reactor is unnecessary. SNC's proposal to protect
unirradiated reactor fuel and intermediate range detectors under its
NRC-approved Sec. 73.67 SNMPPP after the Commission makes its finding
under Sec. 52.103(g) and prior to the start of each unit's initial
fuel load into the reactor would ensure that the SNM currently onsite
is adequately protected.
Accordingly, the NRC finds that the exemption will not endanger
life or property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
In a letter dated November 1, 2021, SNC stated, in part, that the
public has an interest in the efficient execution of regulatory
activities and that implementing a physical protection program and an
access authorization program after the Sec. 52.103(g) finding and
before initial fuel load into the reactor, allows construction
activities to continue without the burden of adhering to the
requirements of Sec. Sec. 73.55(a)(4) and 73.56(a)(3). Additionally,
as stated in Sec. 73.55(b)(1), the objective of Sec. 73.55 is to
provide high assurance that activities involving SNM are not inimical
to the common defense and security and do not constitute an
unreasonable risk to the public health and safety. Per Sec.
73.55(b)(3), the physical protection program is designed to prevent
significant core damage and spent fuel sabotage. SNC stated that
without irradiated fuel there can be no significant core damage or
spent fuel sabotage, thereby not constituting an unreasonable risk to
the public health and safety. Additionally, the NRC issued a Part 70
license for SNC to receive fuel, and SNC has an NRC-approved SNMPPP to
protect the SNM already onsite, where it is stored in a controlled
access area. Furthermore, the NRC staff reviewed SNC's SNMPPP and
concluded that the plan satisfies the requirements specified in Sec.
73.67. Therefore, SNC indicated that requiring the premature
implementation of labor and other resources associated with Sec. Sec.
73.55 and 73.56 before the Sec. 52.103(g) finding represents a costly
and unnecessary burden. Furthermore, the letter stated that granting
the exemption would have a beneficial impact on construction of VEGP
Units 3 and 4 by allowing personnel to continue to efficiently perform
construction activities between the Sec. 52.103(g) finding and the
initial fuel load milestone.
As previously stated, the NRC has established a regulatory
framework that protects SNM in a manner commensurate with the risk
associated with the material. The security requirements in Sec. 73.67
consider the
[[Page 67737]]
risk significance of the material being protected. Unirradiated reactor
fuel brought onsite at nuclear power reactors typically constitutes a
Category III quantity of SNM. Because of its low enrichment,
unirradiated reactor fuel poses no significant risk to public health
and safety and protecting it in accordance with Sec. 73.67 would not
be inimical to the common defense and security. The NRC has determined
that it is appropriate to protect unirradiated reactor fuel and other
non-fuel SNM brought onsite at an NRC-licensed commercial nuclear power
reactor in accordance with Sec. 73.67. Therefore, requiring SNC to
implement the requirements of Sec. Sec. 73.55 and 73.56 to protect
unirradiated reactor fuel and other non-fuel SNM that is already being
adequately protected in accordance with the requirements of Sec. 73.67
is an unnecessary burden on SNC.
Based on the above, the NRC finds that the exemption is otherwise
in the public interest.
D. Environmental Considerations
As further discussed, the NRC has determined that granting this
exemption from the requirements of Sec. Sec. 73.55(a)(4) and
73.56(a)(3) meets the criteria for a categorical exclusion in 10 CFR
51.22(c)(25) because (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
exemption is from scheduling requirements.
The granting of this exemption involves no significant hazards
consideration (as defined by 10 CFR 50.92(c)) because:
The exemption does not alter the design, function, or
operation of any plant equipment; therefore, granting the exemption
would not involve a significant increase in the probability or
consequences of an accident previously evaluated.
The exemption does not alter the design, function, or
operation of any plant equipment or create any new failure mechanisms,
malfunctions, or 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 adversely affect any structure,
system, or component (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. Therefore, granting the exemption would not
involve a significant reduction in a margin of safety.
The requested exemption does not alter the design, function, or
operation of any plant equipment, and 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 feature credited with controlling the release of
effluents during plant operation or construction. Therefore, the
proposed exemption does not involve a significant change in the types
or significant increase in the amounts of any effluents that may be
released offsite.
There are no changes to plant radiation zones, nor any change to
controls required under 10 CFR part 20 that preclude a significant
increase in individual or cumulative public or occupational radiation
exposure. Therefore, the proposed exemption does not involve a
significant increase in individual or cumulative public or occupational
radiation exposure.
The requested exemption does not alter the materials or methods for
constructing or testing of any SSCs, and there is no change to the
design or construction of the facility as a result of this exemption.
Therefore, the proposed exemption does not involve a significant
construction impact.
Finally, the NRC determined, per Sec. 51.22(c)(25)(vi)(G), that
the requirements from which the exemption is sought involve scheduling
requirements because 10 CFR 73.55(a)(4) and 73.56(a)(3) govern when the
requirements of 10 CFR 73.55 and 73.56 must be implemented.
Accordingly, the exemption meets the eligibility criteria for
categorical exclusion set forth in Sec. 51.22(c)(25). Therefore, in
accordance with Sec. 51.22(b), no environmental impact statement or
environmental assessment need be prepared in connection with granting
the requested exemption.
IV. Granting of Exemption
For the reasons stated in this notice, the Commission is granting
the following exemption for VEGP Units 3 and 4 because it has
determined, pursuant to Sec. 73.5, that the exemption is authorized by
law, will not endanger life or property or the common defense and
security, and is otherwise in the public interest:
Effective immediately, the Commission hereby grants SNC an
exemption for VEGP Unit 3 from the schedule requirements of Sec. Sec.
73.55(a)(4) and 73.56(a)(3) to allow SNC to implement the physical
protection requirements in accordance with Sec. 73.55, and the
personnel access authorization requirements in accordance with Sec.
73.56, after the Commission makes its finding under Sec. 52.103(g) for
Unit 3 and prior to the start of Unit 3's initial fuel load into the
reactor. The exemption for VEGP Unit 3 expires when SNC implements the
requirements of 10 CFR 73.55 and 10 CFR 73.56 for VEGP Unit 3, which
must occur before initial fuel load for VEGP Unit 3.
Effective immediately, the Commission hereby grants SNC an
exemption for VEGP Unit 4 from the schedule requirements of Sec. Sec.
73.55(a)(4) and 73.56(a)(3) to allow SNC to implement the physical
protection requirements in accordance with Sec. 73.55, and the
personnel access authorization requirements in accordance with Sec.
73.56, after the Commission makes its finding under Sec. 52.103(g) for
Unit 4 and prior to the start of Unit 4's initial fuel load into the
reactor. The exemption for VEGP Unit 4 expires when SNC implements the
requirements of 10 CFR 73.55 and 10 CFR 73.56 for VEGP Unit 4, which
must occur before initial fuel load for VEGP Unit 4.
For the Nuclear Regulatory Commission.
Dated: November 23, 2021.
Gregory T. Bowman,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-25952 Filed 11-26-21; 8:45 am]
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