80 FR 76330 - Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 235 (December 8, 2015)

The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and issuing License Amendment No. 35 to Combined Licenses (COL), NPF-93 and NPF-94. The COLs were issued to South Carolina Electric & Gas Company (SCE&G), and South Carolina Public Service Authority (the licensee), for construction and operation of the Virgil C. Summer Nuclear Station (VCSNS), Units 2 and 3 located in Fairfield County, South Carolina. The granting of the exemption allows the changes to Tier 1 information requested in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.

[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Pages 76330-76332]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30879]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-027 and 52-028; NRC-2008-0441]


Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina 
Electric & Gas Company

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an 
exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and issuing License 
Amendment No. 35 to Combined Licenses (COL), NPF-93 and NPF-94. The 
COLs were issued to South Carolina Electric & Gas Company (SCE&G), and 
South Carolina Public Service Authority (the licensee), for 
construction and operation of the Virgil C. Summer Nuclear Station 
(VCSNS), Units 2 and 3 located in Fairfield County, South Carolina.
    The granting of the exemption allows the changes to Tier 1 
information requested in the amendment. Because the acceptability of 
the exemption was determined in part by the acceptability of the 
amendment, the exemption and amendment are being issued concurrently.

DATES: December 8, 2015.

ADDRESSES: Please refer to Docket ID NRC-2008-0441 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0441. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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 a document is referenced. The 
request for the amendment and exemption was submitted by the letter 
dated December 4, 2014 (ADAMS Accession No. ML14339A637). The licensee 
supplemented this request by letters dated July 23 and August 27, 2015 
(ADAMS Accession Nos. ML15204A845 and ML15239A814, respectively).
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Ruth Reyes, Office of New Reactors, 
U.S. Nuclear Regulatory Commission,

[[Page 76331]]

Washington, DC 20555-0001; telephone: 301-415-3249; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is granting an exemption from Tier 1 information in the 
certified DCD incorporated by reference in part 52 of title 10 of the 
Code of Federal Regulations (10 CFR), appendix D, ``Design 
Certification Rule for the AP1000 Design,'' and issuing License 
Amendment No. 35 to COLs, NPF-93 and NPF-94, to the licensee. The 
exemption is required by Paragraph A.4 of Section VIII, ``Processes for 
Changes and Departures,'' Appendix D to 10 CFR part 52 to allow the 
licensee to depart from Tier 1 information. With the requested 
amendment, the licensee sought proposed changes related to the 
structure and layout of various areas of the annex building. The 
proposed changes to Tier 2 information in the VCSNS Units 2 and 3 
Updated Final Safety Analysis Report (UFSAR), plant-specific Tier 1 
information, and corresponding COL appendix C information would allow:
    (1) Installation of an additional non-safety-related battery;
    (2) Revision to the annex building internal configuration by 
converting a shift turnover room to a battery room, adding an 
additional battery equipment room, and moving a fire area wall;
    (3) Increase in the height of a room in the annex building; and
    (4) Increase in thicknesses of certain annex building floor slabs.
    Part of the justification for granting the exemption was provided 
by the review of the amendment. Because the exemption is necessary in 
order to issue the requested license amendment, the NRC granted the 
exemption and issued the amendment concurrently, rather than in 
sequence. This included issuing a combined safety evaluation containing 
the NRC staff's review of both the exemption request and the license 
amendment. The exemption met all applicable regulatory criteria set 
forth in 10 CFR 50.12, 10 CFR 52.7, and 10 CFR 52.63(b)(1). The license 
amendment was found to be acceptable as well. The combined safety 
evaluation is available in ADAMS under Accession No. ML15254A216.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VCSNS Units 2 and 
3 (COLs NPF-93 and NPF-94). These documents can be found in ADAMS under 
Accession Nos. ML15254A203 and ML15254A207, respectively. The exemption 
is reproduced (with the exception of abbreviated titles and additional 
citations) in Section II of this document. The amendment documents for 
COLs NPF-93 and NPF-94 are available in ADAMS under Accession Nos. 
ML15254A197 and ML15254A200, respectively. A summary of the amendment 
documents is provided in Section III of this document.

II. Exemption

    Reproduced below is the exemption document issued to VCSNS, Units 2 
and 3. It makes reference to the combined safety evaluation that 
provides the reasoning for the findings made by the NRC (and listed 
under Item 1) in order to grant the exemption:
    1. In a letter dated December 4, 2014, and supplemented by letters 
dated July 23 and August 27, 2015, South Carolina Electric & Gas 
Company (licensee) requested from the Nuclear Regulatory Commission 
(Commission) an exemption to allow departures from Tier 1 information 
in the certified Design Control Document (DCD) incorporated by 
reference in 10 CFR part 52, Appendix D, ``Design Certification Rule 
for the AP1000 Design,'' as part of license amendment request (LAR) 13-
22, ``Annex Building Structure and Layout Changes.''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation, which can be found in ADAMS under Accession No. 
ML15254A216, the Commission finds that:
    A. the exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
safety;
    C. the exemption is consistent with the common defense and 
security;
    D. special circumstances are present in that the application of the 
rule in this circumstance is not necessary to serve the underlying 
purpose of the rule;
    E. the special circumstances outweigh any decrease in safety that 
may result from the reduction in standardization caused by the 
exemption, and
    F. the exemption will not result in a significant decrease in the 
level of safety otherwise provided by the design.
    2. Accordingly, the licensee is granted an exemption to the 
provisions of 10 CFR part 52, appendix D, Section III.B, to allow 
deviations from the certified DCD Tier 1 Table 3.3-1 and Figure 3.3-
11A, as described in the licensee's request dated December 4, 2014, and 
supplemented by letters dated July 23 and August 27, 2015. This 
exemption is related to, and necessary for the granting of License 
Amendment No. 35, which is being issued concurrently with this 
exemption.
    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation 
(ADAMS Accession No. ML15254A216), this exemption meets the eligibility 
criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment needs to be prepared in 
connection with the issuance of the exemption.
    4. This exemption is effective as of the date of its issuance.

III. License Amendment Request

    The request for the amendment and exemption was submitted by the 
letter dated December 4, 2014. The licensee supplemented this request 
by the letters dated July 23 and August 27, 2015. The proposed 
amendment is described in Section I, above.
    The Commission has determined for these amendments that the 
application 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 10 
CFR chapter I, which are set forth in the license amendment.
    A notice of consideration of issuance of amendment to facility 
operating license or combined license, as applicable, proposed no 
significant hazards consideration determination, and opportunity for a 
hearing in connection with these actions, was published in the Federal 
Register on March 31, 2015 (80 FR 17093). No comments were received 
during the 30-day comment period.
    The NRC staff has found that the amendment involves no significant 
hazards consideration. The Commission has determined that these 
amendments satisfy the criteria for categorical exclusion in accordance 
with 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared for these amendments.

IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the 
staff granted the exemption and issued the amendment that the licensee 
requested on December 4, 2014, and supplemented by the letters dated 
July 23 and August 27, 2015. The exemption and amendment were issued on 
October 22, 2015, as part of a combined package to the licensee (ADAMS 
Accession No. ML15254A194).

    Dated at Rockville, Maryland, this 30th day of November 2015.


[[Page 76332]]


    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2015-30879 Filed 12-7-15; 8:45 am]
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