81 FR 12134 - Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Company; Control Rod Drive Mechanism Motor Generator Set Field Relay Change

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 45 (March 8, 2016)

Page Range		12134-12136
FR Document		2016-05133

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 is issuing License Amendment No. 38 to Combined Licenses (COLs), NPF-91 and NPF- 92. The COLs were issued to Southern Nuclear Operating Company, Inc., and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG POWER SPVP, LLC., and the City of Dalton, Georgia (together ``the licensees''); for construction and operation of the Vogtle Electric Generating Plant (VEGP) Units 3 and 4, located in Burke County, Georgia. The granting of the exemption allows the changes to Tier 1 information asked for 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 81 Issue 45 (Tuesday, March 8, 2016)

[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12134-12136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05133]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2008-0252]


Vogtle Electric Generating Station, Units 3 and 4; Southern 
Nuclear Operating Company; Control Rod Drive Mechanism Motor Generator 
Set Field Relay Change

AGENCY: Nuclear Regulatory Commission.

[[Page 12135]]


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 is issuing 
License Amendment No. 38 to Combined Licenses (COLs), NPF-91 and NPF-
92. The COLs were issued to Southern Nuclear Operating Company, Inc., 
and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power 
SPVM, LLC., MEAG Power SPVJ, LLC., MEAG POWER SPVP, LLC., and the City 
of Dalton, Georgia (together ``the licensees''); for construction and 
operation of the Vogtle Electric Generating Plant (VEGP) Units 3 and 4, 
located in Burke County, Georgia.
    The granting of the exemption allows the changes to Tier 1 
information asked for 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: March 8, 2016.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 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-2008-0252. 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 available in 
ADAMS) is provided the first time that a document is referenced. The 
request for the amendment and exemption was submitted by letter dated 
January 8, 2015 (ADAMS Accession No. ML15008A466).
     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: Paul Kallan, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2809; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is granting an exemption from paragraph B of Section III, 
``Scope and Contents,'' of Appendix D, ``Design Certification Rule for 
the AP1000,'' to part 52 of title 10 of the Code of Federal Regulations 
(10 CFR), and issuing License Amendment No. 38 to COLs, NPF-91 and NPF-
92, 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 that 
specifies the use of latching control relays in lieu of breakers to de-
energize the control rod drive mechanism (CRDM) motor generator (MG) 
set generator field on a diverse actuation system (DAS) reactor trip 
signal. The replacement of the CRDM MG set generator field breakers 
with field control relays requires a UFSAR Tier 2 departure that 
involves changes to COL Appendix C, Tables 2.5.1-4, ``Inspections, 
Tests, Analyses, and Acceptance Criteria,'' and 3.7-1, ``Risk-
Significant Components,'' along with corresponding departures from 
plant-specific DCD Tier 1 information.
    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 Section VIII.A.4 of Appendix D 
to 10 CFR part 52. The license amendment was found to be acceptable as 
well. The combined safety evaluation is available in ADAMS under 
Accession No. ML15187A361.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VEGP Units 3 and 4 
(COLs NPF-91 and NPF-92). The exemption documents for VEGP Units 3 and 
4 can be found in ADAMS under Accession Nos. ML15187A297 and 
ML15187A325, 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-91 and NPF-92 
are available in ADAMS under Accession Nos. ML15187A281 and 
ML15187A285, 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 Vogtle Units 3 
and Unit 4. 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 January 08, 2015, the licensee requested from 
the Commission an exemption from the provisions of 10 CFR part 52, 
Appendix D, Section III.B, as part of license amendment request 15-002, 
``Control Rod Mechanism Motor Generator Set Field Relay Change (LAR-15-
002).''
    For the reasons set forth in Section 3.1, ``Evaluation of 
Exemption,'' of the NRC staff's Safety Evaluation, which can be found 
in ADAMS under Accession No. ML15187A361, 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 from the 
certified DCD Tier 1, COL Appendix C, Table 2.5.1-4, and Table 3.7-1, 
as described in the licensee's request dated January 08, 2015. This 
exemption is related to, and necessary for the granting of License 
Amendment No. 38, which is being issued concurrently with this 
exemption.
    3. As explained in Section 5.0, ``Environmental Consideration,'' of 
the NRC staff's Safety Evaluation (ADAMS

[[Page 12136]]

Accession No. ML15187A361), 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 September 8, 2015.

III. License Amendment Request

    By letter dated January 8, 2015, the licensee requested that the 
NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The 
proposed amendment is described in Section I of this Federal Register 
notice.
    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 February 3, 2015 (80 FR 5798). No comments were received 
during the 30-day comment period.
    The Commission has determined that these amendments satisfy 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 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 January 8, 2015. The exemption and amendment were issued 
on September 8, 2015, as part of a combined package to the licensee 
(ADAMS Accession No. ML15187A258).

    Dated at Rockville, Maryland, this 1st day of March 2016.
    For the Nuclear Regulatory Commission.
John McKirgan,
Acting Chief, Licensing Branch 4, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2016-05133 Filed 3-7-16; 8:45 am]
 BILLING CODE 7590-01-P

12134 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices

under the provisions of this act shall be part 40, Appendix A, Criterion 9(d), would not result in any significant
deposited with the State treasurer in a allows for the financial or surety hazards consideration, change or
separate account for reclamation arrangements to be consolidated within increase in the amount of any offsite
purposes.’’ Under Wyoming Department a State’s similar financial assurance effluents, increase in individual or
of Environmental Quality (WDEQ) instrument. The NRC has determined cumulative public or occupational
financial assurance requirements, that while the State of Wyoming does radiation exposure, construction
WDEQ holds permit bonds in a not require an STA, the special revenue impacts, or increase in the potential for
fiduciary fund called an agency fund. If account may serve a similar purpose in or consequence from radiological
a bond is forfeited, the forfeited funds that forfeited funds are not deposited accidents. The NRC staff finds that the
are moved to a special revenue account. into the State treasury for general fund STA exemption involves surety,
Although the Wyoming special revenue use but, instead, are set aside in the insurance, and/or indemnity
account is not an STA, the special special revenue account to be used requirements and that granting Cameco
revenue account serves a similar exclusively for site-specific reclamation this temporary exemption from the
purpose in that forfeited funds are not (i.e., decommissioning purposes). requirement of establishing a standby
deposited into the State treasury for Because the licensee remains obligated trust arrangement would not result in
general fund use but instead are set to establish an adequate financial any significant hazards or increases in
aside in the special revenue account to assurance mechanism for its licensed offsite effluents, radiation exposure,
be used exclusively for reclamation (i.e., sites, and the NRC has approved such a construction impacts, or potential
decommissioning purposes). mechanism, sufficient funds are radiological accidents. Therefore, an
The NRC has the discretion, under 10 available in the event that the site environmental assessment is not
CFR 40.14(a), to grant an exemption would need to be decommissioned. A required.
from the requirements of a regulation in temporary delay in establishing an STA
does not impact the present availability IV. Conclusion
10 CFR part 40 upon request or on its
own initiative, if the NRC determines and adequacy of the actual financial Accordingly, the NRC has determined
the exemption is authorized by law and assurance mechanism. Therefore, the that, pursuant to 10 CFR 40.14(a), the
will not endanger life or property or the limited exemption being issued by the proposed temporary exemption is
common defense and security and is NRC herein presents no undue risk to authorized by law, will not present an
otherwise in the public interest. The public health and safety. undue risk to the public health and
NRC is issuing an exemption to Cameco C. The Exemption Is Consistent With the safety, is consistent with the common
from the STA requirements in 10 CFR Common Defense and Security defense and security, and is in the
part 40, appendix A, Criterion 9, for the public interest. NRC hereby grants
current surety arrangement until March The proposed exemption would not
involve or implicate the common Power Resources, Inc., doing business as
26, 2017, for Ruth, September 30, 2017, Cameco Resources, an exemption from
for Smith Ranch-Highland, and defense or security. Therefore, granting
the exemption will have no effect on the the requirement in 10 CFR part 40,
November 7, 2017, for Gas Hills to allow Appendix A, Criterion 9 to set up a
the NRC an opportunity to evaluate common defense and security.
standby trust to receive funds in the
whether the State of Wyoming’s D. The Exemption Is in the Public event the NRC or the State regulatory
separate account requirements for Interest agency exercises is right to collect the
financial assurance instruments it holds The proposed exemption would surety. This exemption will expire on
is consistent with the NRC’s STA enable the NRC staff to evaluate the March 26, 2017, for Ruth, on September
requirements. State of Wyoming’s separate account 30, 2017, for Smith Ranch-Highland,
III. Discussion provision and the NRC’s STA and on November 7, 2017, for Gas Hills.
requirement to determine if they are Dated at Rockville, Maryland, this 29 day
A. The Exemption Is Authorized by Law comparable. The evaluation process will of February 2016.
The proposed exemption is allow the NRC to determine whether the For the Nuclear Regulatory Commission.
authorized by law as 10 CFR 40.14(a) licensee’s compliance with the state law John R. Tappert,
expressly allows for an exemption to the provision will satisfy the NRC Director, Division of Decommissioning,
requirements in 10 CFR part 40, requirement as well. Therefore, granting Uranium Recovery and Environmental
Appendix A, Criterion 9, and the the exemption is in the public interest. Programs, Office of Nuclear Material Safety
proposed exemption would not be and Safeguards.
E. Environmental Considerations
contrary to any provision of the Atomic [FR Doc. 2016–05129 Filed 3–7–16; 8:45 am]
Energy Act of 1954, as amended. The NRC staff has determined that BILLING CODE 7590–01–P
granting of an exemption from the
B. The Exemption Presents No Undue requirements of 10 CFR part 40,
Risk to Public Health and Safety Appendix A, Criterion 9 belongs to a NUCLEAR REGULATORY
The exemption is related to the category of regulatory actions that the COMMISSION
financial surety. The requirement that NRC, by regulation, has determined do
the licensee provide adequate financial not individually or cumulatively have a [Docket Nos. 52–025 and 52–026; NRC–
assurance through an approved significant effect on the environment 2008–0252]
mechanism (e.g., a surety bond or an and, as such, do not require an
asabaliauskas on DSK3SPTVN1PROD with NOTICES

irrevocable letter of credit) would environmental assessment. The Vogtle Electric Generating Station,
remain unaffected by the exemption. exemption from the requirement to have Units 3 and 4; Southern Nuclear
Rather, the exemption would only an STA in place is eligible for Operating Company; Control Rod
pertain to the establishment of a categorical exclusion under 10 CFR Drive Mechanism Motor Generator Set
dedicated trust in which funds could be 51.22(c)(25)(vi)(H), which provides that Field Relay Change
deposited in the event that the financial exemptions from surety, insurance, or
assurance mechanism needed to be indemnification requirements are AGENCY:Nuclear Regulatory
liquidated. The requirement in 10 CFR categorically excluded if the exemption Commission.

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12136 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices

Accession No. ML15187A361), this NUCLEAR REGULATORY from the Web site cited above or by
exemption meets the eligibility criteria COMMISSION contacting the identified DFO.
for categorical exclusion set forth in 10 Moreover, in view of the possibility that
CFR 51.22(c)(9). Therefore, pursuant to Advisory Committee on Reactor the schedule for ACRS meetings may be
10 CFR 51.22(b), no environmental Safeguards (ACRS); Meeting of the adjusted by the Chairman as necessary
impact statement or environmental ACRS Subcommittee on Metallurgy to facilitate the conduct of the meeting,
assessment needs to be prepared in and Reactor Fuels persons planning to attend should check
connection with the issuance of the with these references if such
The ACRS Subcommittee on
exemption. rescheduling would result in a major
4. This exemption is effective as of Metallurgy & Reactor Fuels will hold a
inconvenience.
September 8, 2015. meeting on March 22, 2016, Room T–
If attending this meeting, please enter
2B1, 11545 Rockville Pike, Rockville,
III. License Amendment Request through the One White Flint North
Maryland.
building, 11555 Rockville Pike,
By letter dated January 8, 2015, the The meeting will be open to public
Rockville, MD. After registering with
licensee requested that the NRC amend attendance.
security, please contact Mr. Theron
the COLs for VEGP, Units 3 and 4, COLs The agenda for the subject meeting
Brown (Telephone 240–888–9835) to be
NPF–91 and NPF–92. The proposed shall be as follows:
escorted to the meeting room.
amendment is described in Section I of Tuesday, March 22, 2016—8:30 a.m.
this Federal Register notice. Dated: March 2, 2016.
until 12:00 p.m. Mark L. Banks,
The Commission has determined for
these amendments that the application The Subcommittee will discuss Chief, Technical Support Branch, Advisory
complies with the standards and Regulatory Guide 1.229, ‘‘Risk-Informed Committee on Reactor Safeguards.
requirements of the Atomic Energy Act Approach for Addressing the Effects of [FR Doc. 2016–05135 Filed 3–7–16; 8:45 am]
of 1954, as amended (the Act), and the Debris on Post-Accident Long-Term BILLING CODE 7590–01–P
Commission’s rules and regulations. Core Cooling.’’ The Subcommittee will
The Commission has made appropriate hear presentations by and hold
findings as required by the Act and the discussions with the NRC staff and NUCLEAR REGULATORY
Commission’s rules and regulations in other interested persons regarding this COMMISSION
10 CFR Chapter I, which are set forth in matter. The Subcommittee will gather
the license amendment. information, analyze relevant issues and Advisory Committee on Reactor
A notice of consideration of issuance facts, and formulate proposed positions Safeguards (ACRS), Meeting of the
of amendment to facility operating and actions, as appropriate, for ACRS Subcommittee on Metallurgy &
license or combined license, as deliberation by the Full Committee. Reactor Fuels, Notice of Meeting
applicable, proposed no significant Members of the public desiring to The ACRS Subcommittee on
hazards consideration determination, provide oral statements and/or written Metallurgy & Reactor Fuels will hold a
and opportunity for a hearing in comments should notify the Designated meeting on March 23–24, 2016, Room
connection with these actions, was Federal Official (DFO), Christopher T–2B1, 11545 Rockville Pike, Rockville,
published in the Federal Register on Brown (Telephone 301–415–7111 or Maryland.
February 3, 2015 (80 FR 5798). No Email: Christopher.Brown@nrc.gov) five The meeting will be open to public
comments were received during the 30- days prior to the meeting, if possible, so attendance.
day comment period. that appropriate arrangements can be The agenda for the subject meeting
The Commission has determined that made. Thirty-five hard copies of each shall be as follows:
these amendments satisfy the criteria for presentation or handout should be
categorical exclusion in accordance provided to the DFO thirty minutes Wednesday, March 23, 2016—8:30 a.m.
with 10 CFR 51.22. Therefore, pursuant before the meeting. In addition, one Until 5:00 p.m.; Thursday, March 24,
to 10 CFR 51.22(b), no environmental electronic copy of each presentation 2016, 8:30 a.m. Until 12:00 p.m.
impact statement or environmental should be emailed to the DFO one day The Subcommittee will discuss
assessment need be prepared for these before the meeting. If an electronic copy framework for Storage and
amendments. cannot be provided within this Transportation of Spent Fuel. The
timeframe, presenters should provide Subcommittee will hear presentations
IV. Conclusion
the DFO with a CD containing each by and hold discussions with the NRC
Using the reasons set forth in the presentation at least thirty minutes staff and other interested persons
combined safety evaluation, the staff before the meeting. Electronic regarding this matter. The
granted the exemption and issued the recordings will be permitted only Subcommittee will gather information,
amendment that the licensee requested during those portions of the meeting analyze relevant issues and facts, and
on January 8, 2015. The exemption and that are open to the public. Detailed formulate proposed positions and
amendment were issued on September procedures for the conduct of and actions, as appropriate, for deliberation
8, 2015, as part of a combined package participation in ACRS meetings were by the Full Committee.
to the licensee (ADAMS Accession No. published in the Federal Register on Members of the public desiring to
ML15187A258). October 21, 2015, (80 FR 63846). provide oral statements and/or written
Detailed meeting agendas and meeting comments should notify the Designated
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Dated at Rockville, Maryland, this 1st day
of March 2016. transcripts are available on the NRC Federal Official (DFO), Christopher
For the Nuclear Regulatory Commission. Web site at http://www.nrc.gov/reading- Brown (Telephone 301–415–7111 or
John McKirgan, rm/doc-collections/acrs. Information Email: Christopher.Brown@nrc.gov) five
Acting Chief, Licensing Branch 4, Division regarding topics to be discussed, days prior to the meeting, if possible, so
of New Reactor Licensing, Office of New changes to the agenda, whether the that appropriate arrangements can be
Reactors. meeting has been canceled or made. Thirty-five hard copies of each
[FR Doc. 2016–05133 Filed 3–7–16; 8:45 am] rescheduled, and the time allotted to presentation or handout should be
BILLING CODE 7590–01–P present oral statements can be obtained provided to the DFO thirty minutes

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Document Created: 2018-02-02 15:09:51
Document Modified: 2018-02-02 15:09:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Exemption and combined license amendment; issuance.
Dates		March 8, 2016.
Contact		Paul Kallan, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2809; email: [email protected]
FR Citation		81 FR 12134