[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Notices]
[Pages 7112-7114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02204]


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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

AGENCY: Nuclear Regulatory Commission.

ACTION: Combined license amendment; issuance and opportunity to 
comment, request a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued 
License Amendment No. 189 to Combined License (COL) NPF-91. The COL 
amendment involved changes to Vogtle Electric Generating Plant (VEGP), 
Unit 3, COL appendix A, Technical Specifications. Specifically, the 
amendment involved changes necessary to facilitate rework of two piping 
supports to address elevated piping line vibration located on the ``B'' 
and ``D'' Automatic Depressurization System (ADS) stage 4 lines that 
discharge to the No. 2 steam generator compartment. Southern Nuclear 
Operating Company, Inc., (SNC) is licensed to construct and operate 
VEGP, Unit 3, located in Burke County, Georgia.

DATES: The amendment was issued on January 13, 2023. Submit comments by 
March 6, 2023. A request for a hearing or petition for leave to 
intervene must be filed by April 3, 2023.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     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.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William (Billy) Gleaves, Vogtle 
Project Office, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5848; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2008-0252 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252.
     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.
     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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2008-0252 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is issuing License Amendment No. 189 to COL NPF-91. With 
the requested amendment, SNC sought proposed changes to COL, Appendix 
A, Technical Specifications (TS) in an application dated January 12, 
2023, titled, ``Emergency License Amendment Request: Technical 
Specification (TS) Limiting Conditions for Operation (LCO) 3.4.11, 
3.4.12, and 3.4.13 Operability Requirements for Automatic 
Depressurization System (ADS) Stage 4 Flow Paths Prior to Initial 
Criticality,'' designated as license amendment request (LAR) 23-002. 
Specifically, the changes add Notes to the TS that details the specific 
conditions under which the specified LCOs would not apply to ADS stage 
4 flow paths. The licensee requested the changes to facilitate rework 
of two piping supports on the ``B'' and ``D'' ADS stage 4 lines. If the 
rework was performed under the current TS, it would require shutdown 
and cooldown actions that may take additional time, require reduction 
in operating mode, and possibly require additional actions. The letter 
to SNC, the NRC safety evaluation, and the amendment document are 
available in ADAMS under Package Accession No. ML23013A214.

[[Page 7113]]

III. Notice of Issuance of Amendment To Combined License, Final 
Determination of No Significant Hazards Consideration, Opportunity To 
Comment, and Opportunity for a Hearing (Emergency Situation)

    By letter dated January 12, 2023 (ADAMS Accession No. ML23012A238), 
SNC requested that the NRC amend COL NPF-91 for VEGP, Unit 3. The 
Commission has issued the proposed amendment, which is described in 
section II of this Federal Register notice.
    The Commission has determined for this amendment that the 
application for the amendment 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 
appropriate findings as required by the Act and the Commission's rules 
and regulations in Chapter 1 of title 10 of the Code of Federal 
Regulations (10 CFR), which are set forth in the license amendment.
    Because of the emergency situation associated with the date the 
amendment was needed, there was not time for the Commission to publish 
before issuance its usual notice of consideration of issuance of 
amendment, proposed no significant hazards consideration (NSHC) 
determination and opportunity for public comment, and opportunity for a 
hearing. The Commission was able to consult the State official before 
issuance. The State of Georgia had no comment.
    Where the Commission finds that an emergency situation exists, in 
that failure to act in a timely way would have resulted, for example, 
in derating or shutdown of a nuclear power plant or in prevention of 
either resumption of operation or of increase in power output up to the 
plant's licensed power level, the Commission may issue a license 
amendment involving no significant hazards consideration without prior 
notice and opportunity for a hearing or for public comment. Also, 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 determined that NSHC 
is involved.
    The Commission has applied the standards of 10 CFR 50.92, 
``Issuance of amendment,'' and has made a final determination that the 
amendment involves NSHC. The basis for this determination is contained 
in the NRC documents listed in section II of this notice. Accordingly, 
the amendment has been issued and made effective as indicated. Because 
the amendment was issued in an emergency situation, the Commission is 
with this notice providing an opportunity for public comment on the 
NSHC determination and an opportunity for hearing on the amendment. 
Please provide comments by March 6, 2023. A request for a hearing or 
petition for leave to intervene must be filed by April 3, 2023, as 
discussed later in this notice.
    The Commission has determined that the 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.
    For further details with respect to this action, including the 
Commission's final NSHC determination or discussion of emergency 
circumstances, see the amendment and associated documents such as the 
Commission's letter and safety evaluation, which are referenced in 
section II of this notice.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's public website at 
https://www.nrc.gov/reading-rm/doc-collections/cfr. If a petition is 
filed, the Commission or a presiding officer will rule on the petition 
and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website at 
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/
e-submittals/

[[Page 7114]]

getting-started.html. After a digital ID certificate is obtained and a 
docket created, the participant must submit adjudicatory documents in 
Portable Document Format. Guidance on submissions is available on the 
NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document 
is submitted through the NRC's E-Filing system. To be timely, an 
electronic filing must be submitted to the E-Filing system no later 
than 11:59 p.m. ET on the due date. Upon receipt of a transmission, the 
E-Filing system time-stamps the document and sends the submitter an 
email confirming receipt of the document. The E-Filing system also 
distributes an email that provides access to the document to the NRC's 
Office of the General Counsel and any others who have advised the 
Office of the Secretary that they wish to participate in the 
proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.

VI. Conclusion

    For the reasons set forth in the safety evaluation, the staff 
issued the amendment that SNC requested on January 13, 2023, as part of 
a package to SNC (ADAMS Package Accession No. ML23013A214).

    Dated: January 30, 2023.

    For the Nuclear Regulatory Commission.
Victor E. Hall,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-02204 Filed 2-1-23; 8:45 am]
BILLING CODE 7590-01-P