[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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]
BILLING CODE 7590-01-P