[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75593-75595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20972]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025 and 52-026; NRC-2024-0155]
Southern Nuclear Operating Company; Vogtle Electric Generating
Plant, Units 3 and 4; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption in response to a request dated March 22, 2024, as
supplemented by letter dated August 14, 2024, from Southern Nuclear
Operating Company, Inc. (SNC, the licensee), seeking an exemption from
specific regulations that require periodic updates of the Vogtle
Electric Generating Plant, Units 3 and 4, Updated Final Safety Analysis
Reports.
DATES: The exemption was issued on September 9, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0155 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-2024-0155. 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, at 301-415-4737,
or by email to [email protected]. The SNC exemption request dated
March 22,
[[Page 75594]]
2024, and the supplemental letter dated August 14, 2024, are available
in ADAMS under Accession Nos. ML24085A711 and ML24227A595,
respectively.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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.
FOR FURTHER INFORMATION CONTACT: John 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 exemption is attached.
Dated: September 11, 2024.
For the Nuclear Regulatory Commission.
John 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. 52-025 and 52-026
Southern Nuclear Operating Company Vogtle Electric Generating Plant,
Units 3 and 4; Exemptions
I. Background
Southern Nuclear Operating Company (SNC, the licensee) is the
holder of Combined License Nos. NPF-91 and NPF-92 for the Vogtle
Electric Generating Plant (Vogtle), Units 3 and 4, respectively. The
licenses provide, among other things, that the licensee is subject
to all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect. These
facilities consist of two pressurized-water reactors located at the
licensee's site in 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.'' The regulation at Appendix D to 10 CFR part 52, Section
X.B.2, regarding Final Safety Analysis Report (FSAR) updates,
requires that, ``An applicant or licensee who references this
appendix shall submit updates to its DCD [design control document],
which reflect the generic changes to and plant-specific departures
from the generic DCD made under Section VIII [Processes for Changes
and Departures] of this appendix. These updates must be filed under
the filing requirements applicable to final safety analysis report
updates in 10 CFR 52.3 and 50.71(e).'' The regulation at Appendix D
to 10 CFR part 52, Section X.B.3.c, requires that, ``After the
Commission makes the finding required by 10 CFR 52.103(g), the
reports and updates to the plant-specific DCD must be submitted,
along with updates to the site-specific portion of the final safety
analysis report for the facility, at the intervals required by 10
CFR 50.59(d)(2) and 50.71(e)(4), respectively, or at shorter
intervals as specified in the license.''
By letter dated March 22, 2024 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML24085A711), as
supplemented by letter dated August 14, 2024 (ML24227A595), SNC
requested that the due date for submittal of the Vogtle, Units 3 and
4, UFSAR be by June 30 of every odd-numbered year, provided the
interval between successive updates does not exceed 24 months.
III. Discussion
Pursuant to 10 CFR 50.12, ``Specific exemptions,'' the NRC may,
upon application by any 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. The regulation at 10 CFR 52.7 indicates consideration of
requests for exemption from requirements of the regulations of other
parts in 10 CFR, which are applicable by virtue of 10 CFR part 52,
shall be governed by the exemption requirements of those parts.
Here, the exemption requested from 10 CFR part 50 is applicable by
virtue of Appendix D to 10 CFR part 52, Appendix D, Sections X.B.2
and X.B.3.c, which incorporates the requirements of 10 CFR 50.71(e).
Therefore, the Commission's consideration of requests for exemptions
from the regulations in part 52 will be governed by 10 CFR 50.12.
A. Exemptions Are Authorized by Law
The regulation at 10 CFR 50.71(e)(4) requires revisions to
UFSARs to be filed annually or 6 months after each refueling outage,
provided the interval between successive updates does not exceed 24
months.\1\ 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 exemption would change the current UFSAR
submittal schedule for Vogtle, Units 3 and 4, 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 Vogtle, Units 3 and 4, as proposed by June 30 of
the odd year 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, these exemptions are
authorized by law.
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\1\ Appendix D to 10 CFR part 52, Sections X.B.2 and X.B.3.c
require submissions of USFAR at intervals required by 10 CFR 50.71.
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B. The Exemptions Present 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. 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 underlying purpose of the rule for
regulatory burden reduction. Additionally, based on the nature of
the requested exemption 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 exemption;
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.
C. The Exemptions Are Consistent With the Common Defense and
Security
The requested exemptions from 10 CFR 50.71(e)(4) and Appendix D
to 10 CFR part 52, Sections X.B.2 and X.B.3.c, would allow SNC to
submit its periodic updates to the Vogtle, Units 3 and 4, UFSAR by
June of odd-numbered years, not to exceed 24 months from the last
submittal. Neither the regulation nor the proposed exemption has any
relation to security issues. Therefore, the common defense and
security is not impacted by the exemption.
D. 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 underlying purpose of the rule is to ensure
that an updated FSAR will be available to be used in subsequent
reviews or activities concerning that facility performed by the
licensee, the Commission, and other interested parties--with the
original reporting requirement set such that
[[Page 75595]]
subsequent revisions shall be filed no less frequently than
annually. (45 FR 30614; May 9, 1980). 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 FSAR updates once per refueling outage, not to
exceed 24 months between successive updates, instead of annually.
The rule change promulgated in 1992 provided the second option to
submit the FSAR updates on a frequency not to exceed 24 months, tied
to the refueling cycle upon the basis that the majority of the
facility design changes are affected during the refueling outage
and, therefore, the use of the refueling cycle provides for a
current plant status document that is coordinated with plant
changes. Currently, Vogtle, Units 3 and 4, submit a combined UFSAR
for each site every 18 months, not to exceed 24 months from the last
submittal.
SNC stated in the letter dated August 14, 2024:
With respect to decoupling the reporting frequency from
refueling outages as discussed in the statements of consideration,
in order to reduce outage time, the majority of facility design
changes are no longer implemented during refueling outages,
separating the implementation of the ``majority of facility design
changes'' from refueling outages. Thus, associating the updates with
a refueling outage is no longer necessary to meet the underlying
purpose of the regulation, and providing updates on a periodic basis
will continue to provide the updated information to the NRC on a
timely basis. Therefore, the application of the regulation is not
necessary to achieve the underlying purpose of the rule.
Tying the processing and submittal of the UFSAR to the refueling
cycle is not necessary to achieve the underlying purpose of the rule
because the majority of the facility design changes are not
implemented during refueling outages. Therefore, as the licensee
will be providing updated FSARs on a periodic, timely basis,
consistent with the maximum 24-month interval between submittals as
required by the regulation, the underlying purpose of the rule will
still be met, which is to ensure that an updated FSAR will be
available for use in subsequent reviews or activities concerning
Vogtle Units 3 and 4. Therefore, special circumstances exist under
10 CFR 50.12(a)(2)(ii) in that application of the requirements in
these particular circumstances are not necessary to achieve the
underlying purpose of the rule. Pursuant to 10 CFR 52.7, the
Commission's consideration of the request for exemptions from
Appendix D to 10 CFR part 52, Sections X.B.2 and X.B.3.c. are
governed by the exemption requirements of 10 CFR part 50, and as
special circumstances are present for the exemption for 10 CFR
50.71(e), special circumstances are also present for the exemptions
from Appendix D to 10 CFR part 52, Sections X.B.2 and X.B.3.c.
E. 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), and Appendix D to 10 CFR part 52, Sections
X.B.2, and X.B.3.c) 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
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 exemptions from the
requirements of 10 CFR 50.71(e)(4) and 10 CFR part 52, Appendix D,
Sections X.B.2 and X.B.3.c to allow SNC to file its periodic updates
to the Vogtle, Units 3 and 4, UFSAR by June 30 of odd-numbered
years, not to exceed 24 months from the last submittal.
The exemptions are effective upon issuance.
Dated: September 9, 2024,
For the Nuclear Regulatory Commission.
/RA/
Jamie Pelton, Deputy Director,
Division of Operating Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2024-20972 Filed 9-13-24; 8:45 am]
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