[Federal Register Volume 91, Number 30 (Friday, February 13, 2026)]
[Notices]
[Pages 6903-6906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02918]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025 and 52-026; NRC-2026-0628]
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, on its own initiative, to Southern Nuclear Operating Company
(SNC, the licensee) from a specific requirement in a voluntary
regulation regarding risk-informed categorization and treatment of
structures, systems and components for nuclear power reactors for
Vogtle Electric Generating Plant (Vogtle), Units 3 and 4.
DATES: The exemption was issued on February 10, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-0628 when contacting the
[[Page 6904]]
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-2026-0628. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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 ADAMS Public 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 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: 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: February 10, 2026.
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. Action
The NRC staff is initiating these exemptions to extend the
applicability of 10 Code of Federal Regulations (10 CFR) 50.69, ``Risk-
informed categorization and treatment of structures, systems and
components for nuclear power reactors,'' paragraph (b)(1) for SNC to
request the use of risk-informed treatment of structures, systems, and
components (SSCs) for nuclear power reactors for Vogtle, Units 3 and 4.
These exemptions would allow SNC to request a license amendment to
voluntarily adopt 10 CFR 50.69 for Vogtle, Units 3 and 4. For the
reasons explained below, the NRC staff has determined that the
requirements of 10 CFR 50.12, ``Specific exemptions'' are met.
Therefore, the exemptions from 10 CFR 50.69(b)(1) with respect to
applicability may be granted.
III. Discussion
The NRC staff is initiating these exemptions based on a pre-
submittal meeting held on September 17, 2025, between the NRC staff and
SNC, in which SNC stated that it plans to submit a request for a
license amendment to adopt 10 CFR 50.69 in the first quarter of 2026.
The meeting notice was published on August 19, 2025, via the NRC's
public website (Agencywide Documents Access and Management System
Accession No. ML25231A077). The SNC slides are available at ADAMS
Accession No. ML25247A004. By letter dated September 25, 2025
(ML25265A043), the NRC staff issued the meeting summary.
Paragraph (b)(1) of 10 CFR 50.69, states, in part, that ``[a]
holder of a license to operate a light water reactor (LWR) nuclear
power plant under this part [10 CFR part 50]; [. . .] ; an applicant
for a construction permit or operating license under this part [10 CFR
part 50]; or an applicant for . . . a combined license . . . under part
52 of this chapter; may voluntarily comply with the requirements in
this section as an alternative to compliance with . . .'' certain
requirements for [Risk-Informed Safety Class] RISC-3 and RISC-4 SSCs.
SNC is no longer an ``applicant'' for a combined license under part 52
for Vogtle, Units 3 and 4. Rather, SNC is now a ``holder'' of a
combined license to operate a LWR nuclear power plant under 10 CFR part
52 for Vogtle, Units 3 and 4. The applicability of 10 CFR 50.69(b)(1)
to request voluntary adoption of 10 CFR 50.69 does not include a
``holder'' of a part 52 combined license. These exemptions would allow
SNC to request a license amendment to voluntarily adopt 10 CFR 50.69
for Vogtle, Units 3 and 4.
Appendix D to part 52, ``Design Certification Rule for the AP1000
Design,'' Section V.A.1 states: ``. . . the regulations that apply to
the AP1000 design are in [Title 10 of the Code of Federal Regulations]
10 CFR parts 20, 50, 73, and 100, codified as of January 23, 2006, that
are applicable and technically relevant, as described in the [Final
Safety Evaluation Report] FSER (NUREG-1793) and Supplement No. 1.'' The
requirement in 10 CFR 52.7, ``Specific exemptions,'' states, in
pertinent part: ``The Commission's consideration of requests for
exemptions from requirements of the regulations of other parts in this
chapter, which are applicable by virtue of this part, shall be governed
by the exemption requirements of those parts.'' Accordingly, pursuant
to 10 CFR 50.12, 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 50.69, 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
[[Page 6905]]
circumstances would not serve, or is not necessary to achieve, the
underlying purpose of the rule. Accordingly, 10 CFR 50.12 allows for
the NRC to initiate exemptions.
Here, the NRC staff-initiated limited scope exemptions from the
applicability requirement contained in 10 CFR 50.69(b)(1) is applicable
to Vogtle, Units 3 and 4, because SNC cannot request a license
amendment to voluntarily adopt 10 CFR 50.69 due to SNC being a
``holder'' of part 52 combined licenses as opposed to being an
``applicant'' for Vogtle, Units 3 and 4. According to 10 CFR
50.69(b)(1), ``holders'' of a part 52 combined license are not included
among the licensees authorized to adopt 10 CFR 50.69. Accordingly,
these NRC staff-initiated exemptions from the applicability requirement
in 10 CFR 50.69(b)(1) for SNC, a 10 CFR part 52 COL holder for Vogtle,
Units 3 and 4, will be governed by 10 CFR 50.12.
A. Exemptions Are Authorized by Law
SNC cannot seek voluntary adoption of 10 CFR 50.69 for Vogtle,
Units 3 and 4, absent exemptions, because it is a ``holder'' of a
combined license to operate an LWR nuclear power plant under 10 CFR
part 52, which is not included in the applicability of 10 CFR
50.69(b)(1). The proposed exemptions to 10 CFR 50.69(b)(1) would allow
SNC to request a license amendment to voluntarily adopt 10 CFR 50.69
for Vogtle, Units 3 and 4. The requirements in 10 CFR 50.12 allow the
NRC to initiate exemptions from part 50 requirements and is also
referenced in 10 CFR 52.7. Accordingly, the proposed exemptions to 10
CFR 50.69(b)(1) are allowed by 10 CFR 50.12, when the exemptions are
authorized by law. Licensee and applicant compliance with 10 CFR 50.69
is voluntary, and no provisions in law expressly prohibit or otherwise
restrict the application of these NRC staff-initiated exemptions.
Accordingly, the proposed exemptions will not result in a violation of
the Atomic Energy Act of 1954, as amended (AEA), or the Commission's
regulations. Therefore, the NRC staff finds that these exemptions are
authorized by law.
B. The Exemptions Present No Undue Risk to Public Health and Safety
The NRC staff-initiated exemptions to 10 CFR 50.69(b)(1) would
allow SNC, as a holder of a part 52 combined license, to request a
license amendment to voluntarily adopt 10 CFR 50.69. As previously
stated, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR part 50, including 10 CFR 50.69, when the
exemptions will not present an undue risk to the public health and
safety.
Notably, the NRC staff issued the 10 CFR 52.103(g) finding (103(g)
finding) for Vogtle, Unit 3, on August 3, 2022 (package ML20290A280),
and on July 31, 2023, Vogtle, Unit 3, entered commercial operation. The
NRC staff issued the 103(g) finding for Vogtle, Unit 4, on July 28,
2023 (package ML22348A165 and ML22348A094), and on April 29, 2024,
Vogtle, Unit 4, entered commercial operation. The NRC staff determined
that SNC met all the acceptance criteria in Appendix C to the combined
licenses for Vogtle, Units 3 and 4, and issued the findings that the
acceptance criteria were met under 10 CFR 52.103(g). That allows SNC to
operate Vogtle, Units 3 and 4, in accordance with the terms and
conditions of combined license numbers NPF-91 and NPF-92, respectively.
These exemptions to 10 CFR 50.69(b)(1) would simply allow SNC to
request a license amendment to voluntarily adopt 10 CFR 50.69. Any
future request for a license amendment for Vogtle, Units 3 and 4, to
implement the provisions in 10 CFR 50.69 would be separately reviewed
independently by the NRC staff.
Therefore, these exemptions do not create any new accident
precursors, and neither the probability nor the consequences of
postulated accidents are increased. In conclusion, the NRC staff finds
that these exemptions to 10 CFR 50.69(b)(1) do not result in any undue
risk to the public health and safety because they would simply allow
SNC to request a license amendment to voluntarily adopt 10 CFR 50.69 at
Vogtle, Units 3 and 4.
C. The Exemptions Are Consistent With the Common Defense and Security
The exemptions from 10 CFR 50.69(b)(1) would allow SNC to request a
license amendment to voluntarily adopt a risk-informed categorization
and treatment of SSCs under 10 CFR 50.69 for Vogtle, Units 3 and 4.
Neither the regulation nor the proposed exemptions have any relation to
security issues. Therefore, the NRC staff finds that the common defense
and security is not impacted by the exemptions.
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
purpose of 10 CFR 50.69(b)(1) is to allow the identified categories of
licensees and applicants to request voluntary adoption of the
provisions in 10 CFR 50.69, which allows adjustment of the scope of
SSCs subject to certain special treatment requirements based on a risk-
informed method of categorizing SSCs according to their safety
significance.
As discussed above, SNC is a ``holder'' of a combined license under
10 CFR part 52, as opposed to an ``applicant'', and, therefore, cannot
request the NRC staff's review and approval to voluntarily implement
the provisions in 10 CFR 50.69 for Vogtle, Units 3 and 4. The NRC was
silent in the preamble for the 10 CFR 50.69 rulemaking as it relates to
the specific applicability of 10 CFR 50.69 to COL holders (69 FR 68008,
November 22, 2004); subsequently, in 2015, the Commission received a
petition for rulemaking (PRM-50-110) that asked for extension of the
applicability to use 10 CFR 50.69 to COL holders, which, in, ``Staff
Requirements--SECY-18-0106--Consideration in The Rulemaking Process of
Issue Raised in Petition for Rulemaking on Applicability of Risk-
Informed Categorization and Treatment of Structures, Systems, and
Components for Nuclear Power Reactors'', dated September 10, 2020
(ML20254A358; package ML20254A357), the Commission approved to consider
the issue raised in PRM-50-110 as part of a rulemaking that was
ongoing.\1\ Currently, 10 CFR 50.69 is applicable to ``[a] holder of a
license to operate a [LWR] nuclear power plant under this part [10 CFR
part 50]; [. . .] ; an applicant for a construction permit or operating
license under this part [10 CFR part 50]; or an applicant for [. . . ]
a combined license [. . .] under part 52 of this chapter . . . .''
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\1\ The NRC staff notes that ``Staff Requirements--SECY-22-
0052--Proposed Rule: Alignment Of Licensing Processes And Lessons
Learned From New Reactor Licensing,'' dated November 20, 2024
(ML24326A003), stated that: ``The Commission has approved
publication of a revised proposed rule in the Federal Register that
would include the following items that were addressed in the draft
proposed rule: 1. Expand the applicability of 10 CFR 50.69, `Risk-
informed categorization and treatment of structures, systems and
components for nuclear power reactors,' to allow design
certification applicants, construction permit holders, and combined
license holders to risk-inform the categorization of structures,
systems, and components.'' (emphasis added).
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As relevant for Vogtle, Units 3 and 4, as discussed above, the
103(g) findings have been made, which allows SNC to operate Vogtle,
Units 3 and 4, in accordance with the terms and conditions of combined
license numbers NPF-91 and NPF-92, respectively. The fact that the NRC
staff issued the 103(g) findings is relevant because it brings
[[Page 6906]]
Vogtle, Units 3 and 4, to a similar standing as part 50 licensees,
which are able to request voluntary adoption of 10 CFR 50.69.
Accordingly, special circumstances exist under 10 CFR
50.12(a)(2)(ii) in that application of the regulation in these
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the rule.
Notably, the Commission's findings pursuant to 10 CFR 52.103(g) confirm
that the acceptance criteria of the combined license are met, which
allows SNC to operate Vogtle, Units 3 and 4, in accordance with the
terms and conditions of combined license numbers NPF-91 and NPF-92,
respectively. Based on the above, the NRC staff finds that the special
circumstances described in 10 CFR 50.12(a)(2)(ii) are present for these
exemptions.
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 exemptions from the
requirements of any regulation of 10 CFR chapter I (which includes 10
CFR 50.69(b)(1)), 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 exemptions 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
exemptions to 10 CFR 50.69(b)(1) would simply allow SNC to request a
license amendment to voluntarily adopt a risk-informed categorization
and treatment of SSCs for Vogtle, Units 3 and 4. 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
exemptions to 10 CFR 50.69(b)(1) would simply allow SNC to request a
license amendment to voluntarily adopt a risk-informed categorization
and treatment of SSCs for Vogtle, Units 3 and 4, and do 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 exemptions to 10 CFR
50.69(b)(1) would simply allow SNC to request a license amendment to
voluntarily adopt a risk-informed categorization and treatment of SSCs
for Vogtle, Units 3 and 4, they do 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 exemptions
to 10 CFR 50.69(b)(1) would simply allow SNC to request a license
amendment to voluntarily adopt a risk-informed categorization and
treatment of SSCs for Vogtle, Units 3 and 4, they do 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 exemptions to 10 CFR
50.69(b)(1) would simply allow SNC to request a license amendment to
voluntarily adopt a risk-informed categorization and treatment of SSCs
for Vogtle, Units 3 and 4, and do not impact the potential for or
consequences from radiological accidents.
Requirements in 10 CFR 51.22(c)(25)(vi)(I)
The exemptions to 10 CFR 50.69(b)(1) involve other requirements of
an administrative, managerial, or organizational nature because they
would simply allow SNC to request a license amendment to voluntarily
adopt a risk-informed categorization and treatment of SSCs for Vogtle,
Units 3 and 4, pursuant to 10 CFR 50.69.
Based on the previously noted requirements, the exemptions to 10
CFR 50.69(b)(1) 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
staff's issuance of these exemptions.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the 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 Commission hereby grants
SNC exemptions to extend the applicability of 10 CFR 50.69(b)(1) to
allow SNC, a holder of a COL under part 52, to request a license
amendment to voluntarily adopt a risk-informed categorization and
treatment of SSCs for Vogtle, Units 3 and 4, pursuant to 10 CFR 50.69.
The exemptions are effective upon issuance.
Dated: February 10, 2026
For the Nuclear Regulatory Commission.
Aida Rivera-Varona,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2026-02918 Filed 2-12-26; 8:45 am]
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