81_FR_20758 81 FR 20690 - Vogtle Electric Generating Plant Units 3 and 4; Southern Nuclear Operating Company, Inc. Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of Dalton, Georgia

81 FR 20690 - Vogtle Electric Generating Plant Units 3 and 4; Southern Nuclear Operating Company, Inc. Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of Dalton, Georgia

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 68 (April 8, 2016)

Page Range20690-20693
FR Document2016-08122

Southern Nuclear Operating Company, Inc. (SNC); 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 ``VEGP Owners'') are the holders of Combined License (COL) Nos. NPF-91 and NPF-92, which authorize the construction and operation of Vogtle Electric Generating Plant, Units 3 and 4 (VEGP 3 & 4), respectively.\1\ The NRC is issuing an exemption allowing applicants for an operator license at VEGP 3 & 4 to satisfy the requirement to provide evidence that the applicant, as a trainee, has successfully manipulated the controls of either the facility for which the license is sought or a plant-referenced simulator (PRS) by, instead, providing evidence that the applicant has successfully manipulated the controls of a Commission-approved simulation facility for VEGP 3 & 4. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016)
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20690-20693]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08122]


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

NUCLEAR REGULATORY COMMISSION

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


Vogtle Electric Generating Plant Units 3 and 4; Southern Nuclear 
Operating Company, Inc. Georgia Power Company, Oglethorpe Power 
Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power 
SPVP, LLC., and the City of Dalton, Georgia

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: Southern Nuclear Operating Company, Inc. (SNC); 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 ``VEGP Owners'') are the holders of Combined 
License (COL) Nos. NPF-91 and NPF-92, which authorize the construction 
and operation of Vogtle Electric Generating Plant, Units 3 and 4 (VEGP 
3 & 4), respectively.\1\ The NRC is issuing an exemption allowing 
applicants for an operator license at VEGP 3 & 4 to satisfy the 
requirement to provide evidence that the applicant, as a trainee, has 
successfully manipulated the controls of either the facility for which 
the license is sought or a plant-referenced simulator (PRS) by, 
instead, providing evidence that the applicant has successfully 
manipulated the controls of a Commission-approved simulation facility 
for VEGP 3 & 4.
---------------------------------------------------------------------------

    \1\ SNC is authorized by the VEGP Owners to exercise 
responsibility and control over the physical construction, 
operation, and maintenance of the facility, and will be referred to 
as ``facility licensee.''

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DATES: This exemption is effective as of April 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 is available 
in ADAMS) is provided the first time that a document is referenced. The 
facility licensee's Commission-Approved Simulation Facility application 
and exemption request was submitted to the NRC by letter dated 
September 18, 2015 (ADAMS Accession No. ML15265A107).
     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. Background

    Vogtle Electric Generating Plant, Units 3 and 4 (VEGP 3 & 4) are 
Westinghouse AP1000 pressurized-water reactors under construction in 
Burke County, Georgia. They are co-located with Vogtle Electric 
Generating Plant, Units 1 and 2, which are two operating Westinghouse 
four-loop pressurized-water reactors.
    The simulation facility for VEGP 3 & 4 comprises two AP1000 full 
scope simulators, which are designated ``3A'' and ``3B.'' Both 
simulators are referenced to Vogtle Unit 3 and are intended to be 
maintained functionally identical. The simulators are licensed to 
conform to the requirements of ANSI/ANS-3.5-1998, ``Nuclear Power Plant 
Simulation Facilities for Use in Operator Training and License 
Examination'' (ANS 3.5), as endorsed by Revision 3 of NRC Regulatory 
Guide 1.149, ``Nuclear Power Plant Simulation Facilities for Use in 
Operator Training and License Examinations.''
    On March 29, 2016, the Commission approved the simulation facility 
under Sec.  55.46(b) of title 10 of the Code of Federal Regulations (10 
CFR), for use in the administration of operating tests after finding 
that the simulation facility and its proposed use are suitable for the 
conduct of operating tests for the facility

[[Page 20691]]

licensee's reference plant under 10 CFR 55.45(a) (ADAMS Accession No. 
ML16070A301).

II. Request/Action

    Section 55.31(a)(5) states that to apply for an operator or senior 
operator license the applicant shall provide evidence that the 
applicant, as a trainee, has successfully manipulated the controls of 
either the facility for which a license is sought or a PRS that meets 
the requirements of 10 CFR 55.46(c). However, the VEGP 3 & 4 simulators 
have not yet been found to meet the NRC's requirements for plant-
referenced simulators at 10 CFR 55.46(c) because the design activities 
required by the AP1000 design certification to establish the human 
factors engineering design for the main control room are incomplete.
    Southern Nuclear Operating Company, Inc. (SNC) has not requested an 
exemption. The Commission, on its own initiative, has determined that 
an exemption is warranted from the requirement in 10 CFR 55.31(a)(5) 
that the applicant for a VEGP 3 & 4 operator license use a PRS or the 
facility to provide evidence of having successfully manipulated the 
controls of the facility. In lieu of that requirement, the Commission 
will accept evidence that the applicant, as a trainee, has successfully 
manipulated the controls of the VEGP 3 & 4 Commission-approved 
simulation facility meeting the requirements of 10 CFR 55.46(b).
    The staff's evaluation of this action follows.

III. Discussion

    Pursuant to 10 CFR 55.11, the Commission may, upon application by 
an interested person, or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 55 as it determines are (1) authorized 
by law and (2) will not endanger life or property and (3) are otherwise 
in the public interest.

1. The Exemption Is Authorized by Law

    Exemptions are authorized by law where they are not expressly 
prohibited by statute or regulation. A proposed exemption is implicitly 
``authorized by law'' if all of the conditions listed therein are met 
(i.e., will not endanger life or property and is otherwise in the 
public interest) and no other provision prohibits, or otherwise 
restricts, its application. As discussed in this section of the 
evaluation, no provisions in law restrict or prohibit an exemption to 
the requirements concerning control manipulations; the ``endanger'' and 
``public interest'' factors are addressed later in this evaluation.
    The regulations in 10 CFR part 55 implement Section 107 of the 
Atomic Energy Act of 1954, as amended (AEA), which sets requirements 
upon the Commission concerning operators' licenses and states, in part, 
that the Commission shall (1) ``prescribe uniform conditions for 
licensing individuals as operators of any of the various classes of . . 
. utilization facilities licensed'' by the NRC and (2) ``determine the 
qualifications of such individuals.''
    These requirements in the AEA do not expressly prohibit exemptions 
to the portion of 10 CFR 55.31(a)(5) that requires the use of a PRS or 
the facility for control manipulations. Further, as explained below, 
the exemption has little impact on the uniformity of licensing 
conditions, and little impact on the determinations of qualifications.
    In a letter from Ms. Karen Fili, Vice President, VEGP 3 & 4 
Operational Readiness, to the NRC dated September 18, 2015 (ADAMS 
Accession No. ML15265A107), the facility licensee requested Commission 
approval of the simulation facility for VEGP 3 & 4 to support the 
administration of operator licensing examinations.\2\
---------------------------------------------------------------------------

    \2\ The publicly-available portions of the Commission-approved 
simulation facility request submittal (``CAS request submittal'') 
and enclosures are available at ADAMS Accession No. ML15265A107. 
Pursuant to 10 CFR 2.390, SNC requested that some information be 
withheld from public disclosure.
---------------------------------------------------------------------------

    The staff's evaluation of the simulation facility for VEGP 3 & 4 
concluded that the simulation facility for VEGP 3 & 4 provides the 
necessary reactor physics, thermal hydraulic, and integrated system 
modeling of the reference plant (i.e., the AP1000 plant as described in 
the design certification) necessary to perform operator license 
examinations. This modeling includes the predicted core performance 
instead of the most recent core load. Because VEGP 3 & 4 is under 
construction, plant experience from the most recent core load is not 
available. Predicted core performance is acceptable because operating 
experience with core design has demonstrated that the reactor physics 
and thermal hydraulic characteristics associated with a core design can 
be accurately predicted. As described in the staff's evaluation of the 
simulation facility for VEGP 3 & 4, simulator performance testing has 
demonstrated that the core performance predictions have been accurately 
modeled.
    The staff's evaluation of the simulation facility for VEGP 3 & 4 
concluded that the simulation facility for VEGP 3 & 4 is capable of 
providing a wide range of scenarios that address the 13 items in 10 CFR 
55.45(a) without procedural exceptions, simulator performance 
exceptions, or deviation from the approved examination scenario 
sequence. Control manipulations are a subset of actions included in 
these scenarios and have a defined scope that is significantly less 
than an exam scenario. Because of the reduced scope, the presence of 
existing simulator discrepancies in any training scenarios that provide 
applicants with the opportunity to provide the required control 
manipulations is even less likely as compared to operating tests. 
Therefore, there exists a large variety of control manipulations that 
can be completed without procedural exceptions, simulator performance 
exceptions, or deviation from the approved training scenario sequence.
    Further, the conditions under which the applicants are licensed 
will be essentially unchanged, and the usage of the VEGP 3 & 4 CAS in 
place of a PRS will not significantly change how the Commission 
determines the qualifications of applicants. Under the exemption, 10 
CFR 55.31(a)(5) will continue to require the applicant to perform, at a 
minimum, five significant control manipulations that affect reactivity 
or power level.
    For purposes of control manipulations, the staff has already 
determined in its safety evaluation documenting Commission-approval of 
the simulation facility for VEGP 3 & 4 (ADAMS Accession No. 
ML16070A301) that the facility sufficiently models the systems of the 
reference plant, including the operating consoles, and permits use of 
the reference plant's procedures. Facility licensees that propose to 
use a PRS to meet the control manipulation requirements in 10 CFR 
55.31(a)(5) must ensure that:

    (i) The plant-referenced simulator utilizes models relating to 
nuclear and thermal-hydraulic characteristics that replicate the 
most recent core load in the nuclear power reference plant for which 
a license is being sought; and
    (ii) Simulator fidelity has been demonstrated so that 
significant control manipulations are completed without procedural 
exceptions, simulator performance exceptions, or deviation from the 
approved training scenario sequence.

    In its safety evaluation documenting Commission-approval of the 
simulation facility for VEGP 3 & 4, the staff found that the VEGP 3 & 4 
Commission-approved simulation facility meets these criteria and, 
therefore, is equivalent to a PRS with respect to performing control

[[Page 20692]]

manipulations. Thus, the simulation facility for VEGP 3 & 4 is an 
acceptable simulation facility for meeting the experience requirements 
in 10 CFR 55.31(a)(5).
    Accordingly, because a PRS and the Commission-approved simulation 
facility for VEGP 3 & 4 are essentially the same with respect to 
control manipulations, an exemption from 10 CFR 55.31(a)(5) allowing 
the use of the Commission-approved simulation facility for VEGP 3 & 4 
in lieu of a PRS or the facility for control manipulations will still 
satisfy the applicable statutory requirements of the AEA that the 
Commission prescribe uniform conditions for licensing individuals as 
operators and determine the qualifications of operators.
    The acceptability of the simulation facility for VEGP 3 & 4 with 
respect to the significant control manipulations required by 10 CFR 
55.31(a)(5) is additionally assured by the fact that SNC performs 
scenario-based testing (SBT) for scenarios used to satisfy the control 
manipulation requirement. To ensure that simulator discrepancies and/or 
procedure issues do not affect control manipulations, SNC, as a 
standard practice in accordance with its licensing basis, implements 
SBT in accordance with Revision 1 of NEI 09-09, ``Nuclear Power Plant-
Referenced Simulator Scenario Based Testing Methodology.'' \3\ The NRC 
staff endorsed NEI 09-09 in Regulatory Guide 1.149, Revision 4, dated 
April 2011. NEI 09-09 describes SBT as follows:
---------------------------------------------------------------------------

    \3\ By letter dated March 23, 2016 (ADAMS Accession No. 
ML16083A463), SNC stated that it conforms to Revision 1 of NEI 09-
09.

    Key to the SBT Methodology is parallel testing and evaluation of 
simulator performance while instructors validate simulator training 
and evaluation scenarios. As instructors validate satisfactory 
completion of training or evaluation objectives, procedure steps and 
scenario content, they are also ensuring satisfactory simulator 
performance in parallel, not series, making the process an 
``online'' method of evaluating simulator performance. Also critical 
is the assembly of the SBT package--the collection of a marked-up 
scenario, appropriate procedures, monitored parameters, an alarm 
summary and an affirmation checklist that serves as the proof of the 
robust nature of this method of performance testing. Proper conduct 
of the SBT Methodology is intended to alleviate the need for post-
scenario evaluation of simulator performance since the performance 
of the simulator is being evaluated (i.e.: compared to actual or 
predicted reference plant performance) during the parallel conduct 
---------------------------------------------------------------------------
of SBT and scenario validation.

    Therefore, since the Commission-approved simulation facility for 
VEGP 3 & 4 conforms to the same control manipulation requirements as a 
PRS, the NRC staff will continue to comply with its requirements 
governing uniformity and operator qualifications.
    Accordingly, for the reasons above, and in light of the reasons 
discussed in Sections 2 and 3 below, the Commission concludes that the 
exemption is authorized by law.

2. The Exemption Will Not Endanger Life or Property

    As discussed above, as part of its review and approval of SNC's 
request for a Commission-approved simulation facility for VEGP 3 & 4, 
the staff found that the simulator demonstrates expected plant response 
to operator input and to normal, transient, and accident conditions to 
which the simulator has been designed to respond. Further, the staff 
found that the simulator is designed and implemented so that (i) it is 
sufficient in scope and fidelity to allow conduct of the evolutions 
listed in 10 CFR 55.45(a)(1) through (13), and 10 CFR 55.59(c)(3)(i)(A) 
through (AA), as applicable to the design of the reference plant and 
(ii) it allows for the completion of control manipulations for operator 
license applicants. Accordingly, the staff concludes that the 
simulation facility for VEGP 3 & 4 will replicate reference plant 
performance for the significant control manipulations required by 10 
CFR 55.31(a)(5).
    Because the Commission-approved simulation facility for VEGP 3 & 4 
matches the criteria of a PRS with respect to control manipulations, 
the staff concludes that there is no basis to find endangerment of life 
or property as a consequence of the exemption.

3. The Exemption Is Otherwise in the Public Interest

    The Commission's values guide the NRC in maintaining certain 
principles as it carries out regulatory activities in furtherance of 
its safety and security mission. These principles focus the NRC on 
ensuring safety and security while appropriately considering the 
interests of the NRC's stakeholders, including the public and 
licensees. These principles include Independence, Openness, Efficiency, 
Clarity, and Reliability. Whether the grant of an exemption to the 
requirement to use a PRS or the facility rather than the Commission-
approved simulation facility for VEGP 3 & 4 would be in the public 
interest depends on the consideration and balancing of the foregoing 
factors.
    Concerning Efficiency, the public has an interest in the best 
possible management and administration of regulatory activities. 
Regulatory activities should be consistent with the degree of risk 
reduction they achieve. Where several effective alternatives are 
available, the option which minimizes the use of resources should be 
adopted. Regulatory decisions should be made without undue delay. As 
applied to using a CAS rather than a PRS or the facility, in light of 
the Commission's findings that the capabilities of the VEGP 3 & 4 CAS 
are equivalent to those of a PRS for control manipulations, the usage 
of the VEGP 3 & 4 CAS provides both an effective and an efficient 
alternative for the VEGP 3 & 4 operator license applicant to gain the 
required experience.
    Concerning Reliability, once established, regulations should be 
perceived to be reliable and not unjustifiably in a state of 
transition. Regulatory actions should always be fully consistent with 
written regulations and should be promptly, fairly, and decisively 
administered so as to lend stability to the nuclear operational and 
planning processes. Here, where the staff has already found that the 
VEGP 3 & 4 CAS is equivalent to a PRS with respect to control 
manipulations, the substantive requirements upon the operator license 
applicant are unchanged with the granting of the exemption. Further, 
the public has an interest in reliability in terms of the stability of 
the nuclear planning process. This exemption aids planning by allowing 
operator license applicants to complete their applications sooner, with 
the underlying requirements essentially unchanged, and could result in 
licensing decisions being made earlier than would be possible if the 
applicants had to wait for a PRS to be available.
    Concerning Clarity, there should be a clear nexus between 
regulations and agency goals and objectives whether explicitly or 
implicitly stated. Agency positions should be readily understood and 
easily applied. For the reasons explained in the NRC's evaluation of 
the VEGP 3 & 4 CAS, the CAS is sufficient for administering operating 
tests, and is able to meet the requirements of a PRS with respect to 
control manipulations. The exemption accordingly recognizes that the 
capabilities of the VEGP 3 & 4 CAS are suitable to accomplish the 
regulatory purpose underlying the requirements of 10 CFR 55.31(a)(5).
    The exemption is also consistent with the principles of 
Independence and Openness; the Commission has independently and 
objectively considered the regulatory interests involved and has 
explicitly documented its reasons for issuing the exemption.

[[Page 20693]]

    Accordingly, on balance the Commission concludes that the exemption 
is in the public interest.

Conclusion

    The Commission concludes that the exemption is (1) authorized by 
law and (2) will not endanger life or property and (3) is otherwise in 
the public interest. Therefore, in lieu of the requirements of 10 CFR 
55.31(a)(5), the Commission will accept evidence that the applicant for 
a VEGP 3 & 4 operator license has completed the required manipulations 
on the VEGP 3 & 4 Commission-approved simulation facility that meets 
the requirements of 10 CFR 55.46(b), rather than on a PRS or the 
facility.

Expiration and Limitation

    This exemption will expire when a VEGP 3 & 4 plant-referenced 
simulator that meets the requirements in 10 CFR 55.46(c) is available. 
Furthermore, this exemption is subject to the condition that the 
Commission-approved simulation facility for VEGP 3 & 4 continues to 
model the reference plant with sufficient scope and fidelity, in 
accordance with 10 CFR 55.46(c) and (d).

Environmental Consideration

    This exemption allows the five significant control manipulations 
required by 10 CFR 55.31(a)(5) to be performed on the VEGP 3 & 4 CAS 
that has been approved for the administration of operating tests 
instead of on the VEGP 3 & 4 facility or a PRS.
    For the following reasons, this exemption meets the eligibility 
criteria of 10 CFR 51.22(c)(25) for a categorical exclusion. There is 
no significant hazards consideration related to this exemption. The 
staff has also determined that the exemption involves no significant 
increase in the amounts, and no significant change in the types, of any 
effluents that may be released offsite; that there is no significant 
increase in individual or cumulative public or occupational radiation 
exposure; that there is no significant construction impact; and that 
there is no significant increase in the potential for or consequences 
from radiological accidents. Finally, the requirements to which the 
exemption applies involve qualification requirements. Accordingly, the 
exemption meets the eligibility criteria for categorical exclusion set 
forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the issuance of the exemption.

IV. Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
55.11, issuing this exemption from the requirements in 10 CFR 
55.31(a)(5) is authorized by law and will not endanger life or property 
and is otherwise in the public interest. The Commission will accept 
evidence of control manipulations performed on the VEGP 3 & 4 
Commission-approved simulation facility instead of on the VEGP 3 & 4 
facility or a PRS.

    Dated at Rockville, Maryland, this 31st day of March 2016.

    For the Nuclear Regulatory Commission.
Mark Delligatti,
Deputy Director, Division of New Reactor Licensing, Office of New 
Reactors.
[FR Doc. 2016-08122 Filed 4-7-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  20690                             Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices

                                                  III. License Amendment Request                          NUCLEAR REGULATORY                                       (ADAMS): You may obtain publicly-
                                                                                                          COMMISSION                                               available documents online in the
                                                     By letter dated October 30, 2014, the                                                                         ADAMS Public Documents collection at
                                                  licensee requested that the NRC amend                   [Docket Nos. 52–025 and 52–026; NRC–
                                                                                                          2008–0252]
                                                                                                                                                                   http://www.nrc.gov/reading-rm/
                                                  the COLs for VCSNS, Units 2 and 3,                                                                               adams.html. To begin the search, select
                                                  COLs NPF–93 and NPF–94. The                             Vogtle Electric Generating Plant Units                   ‘‘ADAMS Public Documents’’ and then
                                                  proposed amendment is described in                      3 and 4; Southern Nuclear Operating                      select ‘‘Begin Web-based ADAMS
                                                  Section I of this document.                             Company, Inc. Georgia Power                              Search.’’ For problems with ADAMS,
                                                     The Commission has determined for                    Company, Oglethorpe Power                                please contact the NRC’s Public
                                                  these amendments that the application                   Corporation, MEAG Power SPVM,                            Document Room (PDR) reference staff at
                                                  complies with the standards and                         LLC., MEAG Power SPVJ, LLC., MEAG                        1–800–397–4209, 301–415–4737, or by
                                                  requirements of the Atomic Energy Act                   Power SPVP, LLC., and the City of                        email to pdr.resource@nrc.gov. The
                                                  of 1954, as amended (the Act), and the                  Dalton, Georgia                                          ADAMS accession number for each
                                                  Commission’s rules and regulations.                                                                              document referenced (if it is available in
                                                                                                          AGENCY:  Nuclear Regulatory                              ADAMS) is provided the first time that
                                                  The Commission has made appropriate                     Commission.                                              a document is referenced. The facility
                                                  findings as required by the Act and the                 ACTION: Exemption; issuance.                             licensee’s Commission-Approved
                                                  Commission’s rules and regulations in                                                                            Simulation Facility application and
                                                  10 CFR Chapter I, which are set forth in                SUMMARY:    Southern Nuclear Operating
                                                                                                          Company, Inc. (SNC); Georgia Power                       exemption request was submitted to the
                                                  the license amendment.                                                                                           NRC by letter dated September 18, 2015
                                                                                                          Company, Oglethorpe Power
                                                     A notice of consideration of issuance                Corporation, MEAG Power SPVM, LLC.,                      (ADAMS Accession No. ML15265A107).
                                                  of amendment to facility operating                      MEAG Power SPVJ, LLC., MEAG Power                           • NRC’s PDR: You may examine and
                                                  license or combined license, as                         SPVP, LLC., and the City of Dalton,                      purchase copies of public documents at
                                                  applicable, proposed no significant                     Georgia (together, the ‘‘VEGP Owners’’)                  the NRC’s PDR, Room O1–F21, One
                                                  hazards consideration determination,                    are the holders of Combined License                      White Flint North, 11555 Rockville
                                                  and opportunity for a hearing in                        (COL) Nos. NPF–91 and NPF–92, which                      Pike, Rockville, Maryland 20852.
                                                  connection with these actions, was                      authorize the construction and                           FOR FURTHER INFORMATION CONTACT: Paul
                                                  published in the Federal Register on                    operation of Vogtle Electric Generating                  Kallan, Office of New Reactors, U.S.
                                                  January 6, 2015 (80 FR 520). No                         Plant, Units 3 and 4 (VEGP 3 & 4),                       Nuclear Regulatory Commission,
                                                  comments were received during the 30-                   respectively.1 The NRC is issuing an                     Washington, DC 20555–0001; telephone:
                                                  day comment period.                                     exemption allowing applicants for an                     301–415–2809; email: Paul.Kallan@
                                                                                                          operator license at VEGP 3 & 4 to satisfy                nrc.gov.
                                                     The Commission has determined that
                                                                                                          the requirement to provide evidence                      SUPPLEMENTARY INFORMATION:
                                                  these amendments satisfy the criteria for
                                                                                                          that the applicant, as a trainee, has
                                                  categorical exclusion in accordance                     successfully manipulated the controls of                 I. Background
                                                  with 10 CFR 51.22. Therefore, pursuant                  either the facility for which the license                   Vogtle Electric Generating Plant,
                                                  to 10 CFR 51.22(b), no environmental                    is sought or a plant-referenced simulator                Units 3 and 4 (VEGP 3 & 4) are
                                                  impact statement or environmental                       (PRS) by, instead, providing evidence                    Westinghouse AP1000 pressurized-
                                                  assessment need be prepared for these                   that the applicant has successfully                      water reactors under construction in
                                                  amendments.                                             manipulated the controls of a                            Burke County, Georgia. They are co-
                                                  IV. Conclusion                                          Commission-approved simulation                           located with Vogtle Electric Generating
                                                                                                          facility for VEGP 3 & 4.                                 Plant, Units 1 and 2, which are two
                                                    Using the reasons set forth in the                    DATES: This exemption is effective as of                 operating Westinghouse four-loop
                                                  combined safety evaluation, the staff                   April 8, 2016.                                           pressurized-water reactors.
                                                  granted the exemption and issued the                    ADDRESSES: Please refer to Docket ID                        The simulation facility for VEGP 3 &
                                                  amendment that the licensee requested                   NRC–2008–0252 when contacting the                        4 comprises two AP1000 full scope
                                                  on October 30, 2014. The exemption                      NRC about the availability of                            simulators, which are designated ‘‘3A’’
                                                  and amendment were issued on June 10,                   information regarding this document.                     and ‘‘3B.’’ Both simulators are
                                                  2015 as part of a combined package to                   You may obtain publicly available                        referenced to Vogtle Unit 3 and are
                                                  the licensee (ADAMS Accession No.                       information related to this document                     intended to be maintained functionally
                                                  ML15135A140).                                           using any of the following methods:                      identical. The simulators are licensed to
                                                                                                             • Federal Rulemaking Web site: Go to                  conform to the requirements of ANSI/
                                                    Dated at Rockville, Maryland, this 31st day           http://www.regulations.gov and search                    ANS–3.5–1998, ‘‘Nuclear Power Plant
                                                  of March 2016.                                          for Docket ID NRC–2008–0252. Address                     Simulation Facilities for Use in
                                                    For the Nuclear Regulatory Commission.                questions about NRC dockets to Carol                     Operator Training and License
                                                  John McKirgan,                                          Gallagher; telephone: 301–415–3463;                      Examination’’ (ANS 3.5), as endorsed by
                                                  Acting Branch Chief, Licensing Branch 4,                email: Carol.Gallagher@nrc.gov. For                      Revision 3 of NRC Regulatory Guide
                                                  Division of New Reactor Licensing, Office of            technical questions, contact the                         1.149, ‘‘Nuclear Power Plant Simulation
                                                  New Reactors.                                           individual listed in the FOR FURTHER                     Facilities for Use in Operator Training
                                                  [FR Doc. 2016–08123 Filed 4–7–16; 8:45 am]              INFORMATION CONTACT section of this                      and License Examinations.’’
                                                                                                          document.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                      On March 29, 2016, the Commission
                                                  BILLING CODE 7590–01–P
                                                                                                             • NRC’s Agencywide Documents                          approved the simulation facility under
                                                                                                          Access and Management System                             § 55.46(b) of title 10 of the Code of
                                                                                                                                                                   Federal Regulations (10 CFR), for use in
                                                                                                             1 SNC is authorized by the VEGP Owners to
                                                                                                                                                                   the administration of operating tests
                                                                                                          exercise responsibility and control over the
                                                                                                          physical construction, operation, and maintenance
                                                                                                                                                                   after finding that the simulation facility
                                                                                                          of the facility, and will be referred to as ‘‘facility   and its proposed use are suitable for the
                                                                                                          licensee.’’                                              conduct of operating tests for the facility


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                                                                                    Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices                                               20691

                                                  licensee’s reference plant under 10 CFR                 ‘‘public interest’’ factors are addressed              concluded that the simulation facility
                                                  55.45(a) (ADAMS Accession No.                           later in this evaluation.                              for VEGP 3 & 4 is capable of providing
                                                  ML16070A301).                                              The regulations in 10 CFR part 55                   a wide range of scenarios that address
                                                                                                          implement Section 107 of the Atomic                    the 13 items in 10 CFR 55.45(a) without
                                                  II. Request/Action                                      Energy Act of 1954, as amended (AEA),                  procedural exceptions, simulator
                                                     Section 55.31(a)(5) states that to apply             which sets requirements upon the                       performance exceptions, or deviation
                                                  for an operator or senior operator                      Commission concerning operators’                       from the approved examination scenario
                                                  license the applicant shall provide                     licenses and states, in part, that the                 sequence. Control manipulations are a
                                                  evidence that the applicant, as a trainee,              Commission shall (1) ‘‘prescribe                       subset of actions included in these
                                                  has successfully manipulated the                        uniform conditions for licensing                       scenarios and have a defined scope that
                                                  controls of either the facility for which               individuals as operators of any of the                 is significantly less than an exam
                                                  a license is sought or a PRS that meets                 various classes of . . . utilization                   scenario. Because of the reduced scope,
                                                  the requirements of 10 CFR 55.46(c).                    facilities licensed’’ by the NRC and (2)               the presence of existing simulator
                                                  However, the VEGP 3 & 4 simulators                      ‘‘determine the qualifications of such                 discrepancies in any training scenarios
                                                  have not yet been found to meet the                     individuals.’’                                         that provide applicants with the
                                                  NRC’s requirements for plant-referenced                    These requirements in the AEA do not                opportunity to provide the required
                                                  simulators at 10 CFR 55.46(c) because                   expressly prohibit exemptions to the                   control manipulations is even less likely
                                                  the design activities required by the                   portion of 10 CFR 55.31(a)(5) that                     as compared to operating tests.
                                                  AP1000 design certification to establish                requires the use of a PRS or the facility              Therefore, there exists a large variety of
                                                  the human factors engineering design                    for control manipulations. Further, as                 control manipulations that can be
                                                  for the main control room are                           explained below, the exemption has                     completed without procedural
                                                  incomplete.                                             little impact on the uniformity of                     exceptions, simulator performance
                                                     Southern Nuclear Operating                           licensing conditions, and little impact                exceptions, or deviation from the
                                                  Company, Inc. (SNC) has not requested                   on the determinations of qualifications.               approved training scenario sequence.
                                                                                                             In a letter from Ms. Karen Fili, Vice                  Further, the conditions under which
                                                  an exemption. The Commission, on its
                                                                                                          President, VEGP 3 & 4 Operational                      the applicants are licensed will be
                                                  own initiative, has determined that an
                                                                                                          Readiness, to the NRC dated September                  essentially unchanged, and the usage of
                                                  exemption is warranted from the
                                                                                                          18, 2015 (ADAMS Accession No.                          the VEGP 3 & 4 CAS in place of a PRS
                                                  requirement in 10 CFR 55.31(a)(5) that
                                                                                                          ML15265A107), the facility licensee                    will not significantly change how the
                                                  the applicant for a VEGP 3 & 4 operator
                                                                                                          requested Commission approval of the                   Commission determines the
                                                  license use a PRS or the facility to
                                                                                                          simulation facility for VEGP 3 & 4 to                  qualifications of applicants. Under the
                                                  provide evidence of having successfully
                                                                                                          support the administration of operator                 exemption, 10 CFR 55.31(a)(5) will
                                                  manipulated the controls of the facility.
                                                                                                          licensing examinations.2                               continue to require the applicant to
                                                  In lieu of that requirement, the                           The staff’s evaluation of the
                                                  Commission will accept evidence that                                                                           perform, at a minimum, five significant
                                                                                                          simulation facility for VEGP 3 & 4                     control manipulations that affect
                                                  the applicant, as a trainee, has                        concluded that the simulation facility
                                                  successfully manipulated the controls of                                                                       reactivity or power level.
                                                                                                          for VEGP 3 & 4 provides the necessary                     For purposes of control
                                                  the VEGP 3 & 4 Commission-approved                      reactor physics, thermal hydraulic, and
                                                  simulation facility meeting the                                                                                manipulations, the staff has already
                                                                                                          integrated system modeling of the                      determined in its safety evaluation
                                                  requirements of 10 CFR 55.46(b).                        reference plant (i.e., the AP1000 plant as
                                                     The staff’s evaluation of this action                                                                       documenting Commission-approval of
                                                                                                          described in the design certification)                 the simulation facility for VEGP 3 & 4
                                                  follows.                                                necessary to perform operator license                  (ADAMS Accession No. ML16070A301)
                                                  III. Discussion                                         examinations. This modeling includes                   that the facility sufficiently models the
                                                                                                          the predicted core performance instead                 systems of the reference plant, including
                                                    Pursuant to 10 CFR 55.11, the                         of the most recent core load. Because
                                                  Commission may, upon application by                                                                            the operating consoles, and permits use
                                                                                                          VEGP 3 & 4 is under construction, plant                of the reference plant’s procedures.
                                                  an interested person, or upon its own                   experience from the most recent core
                                                  initiative, grant exemptions from the                                                                          Facility licensees that propose to use a
                                                                                                          load is not available. Predicted core                  PRS to meet the control manipulation
                                                  requirements of 10 CFR part 55 as it                    performance is acceptable because
                                                  determines are (1) authorized by law                                                                           requirements in 10 CFR 55.31(a)(5) must
                                                                                                          operating experience with core design                  ensure that:
                                                  and (2) will not endanger life or                       has demonstrated that the reactor
                                                  property and (3) are otherwise in the                                                                            (i) The plant-referenced simulator utilizes
                                                                                                          physics and thermal hydraulic
                                                  public interest.                                                                                               models relating to nuclear and thermal-
                                                                                                          characteristics associated with a core                 hydraulic characteristics that replicate the
                                                  1. The Exemption Is Authorized by Law                   design can be accurately predicted. As                 most recent core load in the nuclear power
                                                                                                          described in the staff’s evaluation of the             reference plant for which a license is being
                                                     Exemptions are authorized by law                     simulation facility for VEGP 3 & 4,                    sought; and
                                                  where they are not expressly prohibited                 simulator performance testing has                        (ii) Simulator fidelity has been
                                                  by statute or regulation. A proposed                    demonstrated that the core performance                 demonstrated so that significant control
                                                  exemption is implicitly ‘‘authorized by                 predictions have been accurately                       manipulations are completed without
                                                  law’’ if all of the conditions listed                                                                          procedural exceptions, simulator
                                                                                                          modeled.
                                                  therein are met (i.e., will not endanger                                                                       performance exceptions, or deviation from
                                                                                                             The staff’s evaluation of the                       the approved training scenario sequence.
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                                                  life or property and is otherwise in the                simulation facility for VEGP 3 & 4
                                                  public interest) and no other provision                                                                          In its safety evaluation documenting
                                                  prohibits, or otherwise restricts, its                    2 The publicly-available portions of the             Commission-approval of the simulation
                                                  application. As discussed in this section               Commission-approved simulation facility request        facility for VEGP 3 & 4, the staff found
                                                  of the evaluation, no provisions in law                 submittal (‘‘CAS request submittal’’) and enclosures   that the VEGP 3 & 4 Commission-
                                                                                                          are available at ADAMS Accession No.
                                                  restrict or prohibit an exemption to the                ML15265A107. Pursuant to 10 CFR 2.390, SNC
                                                                                                                                                                 approved simulation facility meets these
                                                  requirements concerning control                         requested that some information be withheld from       criteria and, therefore, is equivalent to a
                                                  manipulations; the ‘‘endanger’’ and                     public disclosure.                                     PRS with respect to performing control


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                                                  20692                             Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices

                                                  manipulations. Thus, the simulation                     & 4 conforms to the same control                      regulatory activities. Regulatory
                                                  facility for VEGP 3 & 4 is an acceptable                manipulation requirements as a PRS,                   activities should be consistent with the
                                                  simulation facility for meeting the                     the NRC staff will continue to comply                 degree of risk reduction they achieve.
                                                  experience requirements in 10 CFR                       with its requirements governing                       Where several effective alternatives are
                                                  55.31(a)(5).                                            uniformity and operator qualifications.               available, the option which minimizes
                                                     Accordingly, because a PRS and the                     Accordingly, for the reasons above,                 the use of resources should be adopted.
                                                  Commission-approved simulation                          and in light of the reasons discussed in              Regulatory decisions should be made
                                                  facility for VEGP 3 & 4 are essentially                 Sections 2 and 3 below, the Commission                without undue delay. As applied to
                                                  the same with respect to control                        concludes that the exemption is                       using a CAS rather than a PRS or the
                                                  manipulations, an exemption from 10                     authorized by law.                                    facility, in light of the Commission’s
                                                  CFR 55.31(a)(5) allowing the use of the                 2. The Exemption Will Not Endanger                    findings that the capabilities of the
                                                  Commission-approved simulation                          Life or Property                                      VEGP 3 & 4 CAS are equivalent to those
                                                  facility for VEGP 3 & 4 in lieu of a PRS                                                                      of a PRS for control manipulations, the
                                                  or the facility for control manipulations                  As discussed above, as part of its                 usage of the VEGP 3 & 4 CAS provides
                                                  will still satisfy the applicable statutory             review and approval of SNC’s request                  both an effective and an efficient
                                                  requirements of the AEA that the                        for a Commission-approved simulation                  alternative for the VEGP 3 & 4 operator
                                                  Commission prescribe uniform                            facility for VEGP 3 & 4, the staff found              license applicant to gain the required
                                                  conditions for licensing individuals as                 that the simulator demonstrates                       experience.
                                                  operators and determine the                             expected plant response to operator                      Concerning Reliability, once
                                                  qualifications of operators.                            input and to normal, transient, and                   established, regulations should be
                                                     The acceptability of the simulation                  accident conditions to which the                      perceived to be reliable and not
                                                  facility for VEGP 3 & 4 with respect to                 simulator has been designed to respond.               unjustifiably in a state of transition.
                                                  the significant control manipulations                   Further, the staff found that the                     Regulatory actions should always be
                                                  required by 10 CFR 55.31(a)(5) is                       simulator is designed and implemented                 fully consistent with written regulations
                                                  additionally assured by the fact that                   so that (i) it is sufficient in scope and             and should be promptly, fairly, and
                                                  SNC performs scenario-based testing                     fidelity to allow conduct of the                      decisively administered so as to lend
                                                  (SBT) for scenarios used to satisfy the                 evolutions listed in 10 CFR 55.45(a)(1)               stability to the nuclear operational and
                                                  control manipulation requirement. To                    through (13), and 10 CFR                              planning processes. Here, where the
                                                  ensure that simulator discrepancies                     55.59(c)(3)(i)(A) through (AA), as                    staff has already found that the VEGP 3
                                                  and/or procedure issues do not affect                   applicable to the design of the reference             & 4 CAS is equivalent to a PRS with
                                                  control manipulations, SNC, as a                        plant and (ii) it allows for the                      respect to control manipulations, the
                                                  standard practice in accordance with its                completion of control manipulations for               substantive requirements upon the
                                                  licensing basis, implements SBT in                      operator license applicants.                          operator license applicant are
                                                  accordance with Revision 1 of NEI 09–                   Accordingly, the staff concludes that the             unchanged with the granting of the
                                                  09, ‘‘Nuclear Power Plant-Referenced                    simulation facility for VEGP 3 & 4 will               exemption. Further, the public has an
                                                  Simulator Scenario Based Testing                        replicate reference plant performance                 interest in reliability in terms of the
                                                  Methodology.’’ 3 The NRC staff endorsed                 for the significant control manipulations             stability of the nuclear planning
                                                  NEI 09–09 in Regulatory Guide 1.149,                    required by 10 CFR 55.31(a)(5).                       process. This exemption aids planning
                                                  Revision 4, dated April 2011. NEI 09–                      Because the Commission-approved                    by allowing operator license applicants
                                                  09 describes SBT as follows:                            simulation facility for VEGP 3 & 4                    to complete their applications sooner,
                                                                                                          matches the criteria of a PRS with                    with the underlying requirements
                                                     Key to the SBT Methodology is parallel               respect to control manipulations, the                 essentially unchanged, and could result
                                                  testing and evaluation of simulator
                                                  performance while instructors validate
                                                                                                          staff concludes that there is no basis to             in licensing decisions being made
                                                  simulator training and evaluation scenarios.            find endangerment of life or property as              earlier than would be possible if the
                                                  As instructors validate satisfactory                    a consequence of the exemption.                       applicants had to wait for a PRS to be
                                                  completion of training or evaluation                                                                          available.
                                                  objectives, procedure steps and scenario
                                                                                                          3. The Exemption Is Otherwise in the                     Concerning Clarity, there should be a
                                                  content, they are also ensuring satisfactory            Public Interest                                       clear nexus between regulations and
                                                  simulator performance in parallel, not series,             The Commission’s values guide the                  agency goals and objectives whether
                                                  making the process an ‘‘online’’ method of              NRC in maintaining certain principles                 explicitly or implicitly stated. Agency
                                                  evaluating simulator performance. Also                  as it carries out regulatory activities in
                                                  critical is the assembly of the SBT package—
                                                                                                                                                                positions should be readily understood
                                                  the collection of a marked-up scenario,
                                                                                                          furtherance of its safety and security                and easily applied. For the reasons
                                                  appropriate procedures, monitored                       mission. These principles focus the NRC               explained in the NRC’s evaluation of the
                                                  parameters, an alarm summary and an                     on ensuring safety and security while                 VEGP 3 & 4 CAS, the CAS is sufficient
                                                  affirmation checklist that serves as the proof          appropriately considering the interests               for administering operating tests, and is
                                                  of the robust nature of this method of                  of the NRC’s stakeholders, including the              able to meet the requirements of a PRS
                                                  performance testing. Proper conduct of the              public and licensees. These principles                with respect to control manipulations.
                                                  SBT Methodology is intended to alleviate the            include Independence, Openness,                       The exemption accordingly recognizes
                                                  need for post-scenario evaluation of                    Efficiency, Clarity, and Reliability.                 that the capabilities of the VEGP 3 & 4
                                                  simulator performance since the performance
                                                  of the simulator is being evaluated (i.e.:              Whether the grant of an exemption to                  CAS are suitable to accomplish the
                                                  compared to actual or predicted reference               the requirement to use a PRS or the                   regulatory purpose underlying the
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                                                  plant performance) during the parallel                  facility rather than the Commission-                  requirements of 10 CFR 55.31(a)(5).
                                                  conduct of SBT and scenario validation.                 approved simulation facility for VEGP 3                  The exemption is also consistent with
                                                                                                          & 4 would be in the public interest                   the principles of Independence and
                                                    Therefore, since the Commission-
                                                                                                          depends on the consideration and                      Openness; the Commission has
                                                  approved simulation facility for VEGP 3
                                                                                                          balancing of the foregoing factors.                   independently and objectively
                                                    3 By letter dated March 23, 2016 (ADAMS                  Concerning Efficiency, the public has              considered the regulatory interests
                                                  Accession No. ML16083A463), SNC stated that it          an interest in the best possible                      involved and has explicitly documented
                                                  conforms to Revision 1 of NEI 09–09.                    management and administration of                      its reasons for issuing the exemption.


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                                                                                    Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices                                         20693

                                                    Accordingly, on balance the                           IV. Conclusion                                        possible. The goal of this effort is to
                                                  Commission concludes that the                              Accordingly, the Commission has                    reduce the reporting burden on clients
                                                  exemption is in the public interest.                    determined that, pursuant to 10 CFR                   that receive financing from multiple
                                                                                                          55.11, issuing this exemption from the                DFIs and to instill best practices in the
                                                  Conclusion
                                                                                                          requirements in 10 CFR 55.31(a)(5) is                 collection and the reporting on OPIC’s
                                                     The Commission concludes that the                                                                          developmental impacts. To minimize
                                                                                                          authorized by law and will not endanger
                                                  exemption is (1) authorized by law and                                                                        the reporting burden on respondents.
                                                                                                          life or property and is otherwise in the
                                                  (2) will not endanger life or property                                                                        OPIC has designed OPIC–162 as an
                                                                                                          public interest. The Commission will
                                                  and (3) is otherwise in the public                                                                            electronic form with questions
                                                                                                          accept evidence of control
                                                  interest. Therefore, in lieu of the                                                                           populating if they relate to the project.
                                                                                                          manipulations performed on the VEGP
                                                  requirements of 10 CFR 55.31(a)(5), the                                                                       DATES: Comments must be received
                                                                                                          3 & 4 Commission-approved simulation
                                                  Commission will accept evidence that                                                                          within thirty (30) calendar days of
                                                                                                          facility instead of on the VEGP 3 & 4
                                                  the applicant for a VEGP 3 & 4 operator                                                                       publication of this Notice.
                                                                                                          facility or a PRS.
                                                  license has completed the required                                                                            ADDRESSES: Mail all comments and
                                                  manipulations on the VEGP 3 & 4                           Dated at Rockville, Maryland, this 31st day
                                                                                                          of March 2016.                                        requests for copies of the subject form
                                                  Commission-approved simulation                                                                                to OPIC’s Agency Submitting Officer:
                                                  facility that meets the requirements of                   For the Nuclear Regulatory Commission.
                                                                                                                                                                James Bobbitt, Overseas Private
                                                  10 CFR 55.46(b), rather than on a PRS                   Mark Delligatti,
                                                                                                                                                                Investment Corporation, 1100 New York
                                                  or the facility.                                        Deputy Director, Division of New Reactor
                                                                                                                                                                Avenue NW., Washington, DC 20527.
                                                                                                          Licensing, Office of New Reactors.
                                                  Expiration and Limitation                                                                                     See SUPPLEMENTARY INFORMATION for
                                                                                                          [FR Doc. 2016–08122 Filed 4–7–16; 8:45 am]
                                                    This exemption will expire when a                                                                           other information about filing.
                                                                                                          BILLING CODE 7590–01–P
                                                  VEGP 3 & 4 plant-referenced simulator                                                                         FOR FURTHER INFORMATION CONTACT:
                                                  that meets the requirements in 10 CFR                                                                         OPIC Agency Submitting Officer: James
                                                  55.46(c) is available. Furthermore, this                                                                      Bobbitt, (202) 336–8558.
                                                                                                          OVERSEAS PRIVATE INVESTMENT
                                                  exemption is subject to the condition                                                                         SUPPLEMENTARY INFORMATION: OPIC
                                                                                                          CORPORATION
                                                  that the Commission-approved                                                                                  received no comments in response to
                                                  simulation facility for VEGP 3 & 4                      [OPIC–162, OMB 3420–0019]                             the sixty (60) day notice published in
                                                  continues to model the reference plant                                                                        Federal Register volume 81 page 5505
                                                                                                          Submission for OMB Review;                            on February 2, 2016. All mailed
                                                  with sufficient scope and fidelity, in
                                                                                                          Comments Request                                      comments and requests for copies of the
                                                  accordance with 10 CFR 55.46(c) and
                                                  (d).                                                    AGENCY: Overseas Private Investment                   subject form should include form
                                                                                                          Corporation (OPIC).                                   number OPIC–162 on both the envelope
                                                  Environmental Consideration                                                                                   and in the subject line of the letter.
                                                                                                          ACTION: Notice and request for
                                                    This exemption allows the five                        comments.                                             Electronic comments and requests for
                                                  significant control manipulations                                                                             copies of the subject form may be sent
                                                  required by 10 CFR 55.31(a)(5) to be                    SUMMARY:    Under the provisions of the               to James.Bobbitt@opic.gov, subject line
                                                  performed on the VEGP 3 & 4 CAS that                    Paperwork Reduction Act (44 U.S.C.                    OPIC–162.
                                                  has been approved for the                               Chapter 35), agencies are required to
                                                                                                                                                                Summary Form Under Review
                                                  administration of operating tests instead               publish a Notice in the Federal Register
                                                  of on the VEGP 3 & 4 facility or a PRS.                 notifying the public that the agency is                 Type of Request: Revision of a
                                                    For the following reasons, this                       modifying an existing information                     currently approved information
                                                  exemption meets the eligibility criteria                collection for OMB review and approval                collection.
                                                  of 10 CFR 51.22(c)(25) for a categorical                and requests public review and                          Title: Self-Monitoring Questionnaire.
                                                  exclusion. There is no significant                      comment on the submission. OPIC                         Form Number: OPIC–162.
                                                  hazards consideration related to this                   received no comments in response to                     Frequency of Use: One per investor
                                                  exemption. The staff has also                           the sixty (60) day notice. The purpose                per project annually.
                                                  determined that the exemption involves                                                                          Type of Respondents: Business or
                                                                                                          of this notice is to allow an additional
                                                  no significant increase in the amounts,                                                                       other institutions and individuals.
                                                                                                          thirty (30) days for public comments to                 Standard Industrial Classification
                                                  and no significant change in the types,                 be submitted. Comments are being                      Codes: All.
                                                  of any effluents that may be released                   solicited on the need for the                           Description of Affected Public: U.S.
                                                  offsite; that there is no significant                   information; the accuracy of OPIC’s                   companies or citizens investing
                                                  increase in individual or cumulative                    burden estimate; the quality, practical               overseas.
                                                  public or occupational radiation                        utility, and clarity of the information to              Reporting Hours: 2,186 (4.7 hours per
                                                  exposure; that there is no significant                  be collected; and ways to minimize                    form).
                                                  construction impact; and that there is no               reporting the burden, including                         Number of Responses: 465 per year.
                                                  significant increase in the potential for               automated collection techniques and                     Federal Cost: $48,518.
                                                  or consequences from radiological                       uses of other forms of technology.                      Authority for Information Collection:
                                                  accidents. Finally, the requirements to                    The proposed change to OPIC–162                    Sections 231, 231A, 239(d), and 240A of
                                                  which the exemption applies involve                     clarifies existing questions, incorporates            the Foreign Assistance Act of 1961, as
                                                  qualification requirements. Accordingly,                sector-specific development impact                    amended.
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                                                  the exemption meets the eligibility                     questions and eliminates ineffective                    Abstract (Needs and Uses): The Self
                                                  criteria for categorical exclusion set                  questions in an effort to harmonize                   Monitoring Questionnaire is the
                                                  forth in 10 CFR 51.22(c)(25). Pursuant to               development impact indicators with                    principal document used by OPIC to
                                                  10 CFR 51.22(b), no environmental                       other Development Finance Institutions                monitor the developmental effects of
                                                  impact statement or environmental                       (‘‘DFIs’’). OPIC is a signatory to a                  OPIC’s investment projects, monitor the
                                                  assessment need be prepared in                          ‘‘Memorandum of Understanding’’ with                  economic effects on the U.S. economy,
                                                  connection with the issuance of the                     25 partnering DFIs to harmonize                       and collect information on compliance
                                                  exemption.                                              development impact metrics where                      with environmental and labor policies.


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Document Created: 2018-02-07 13:50:19
Document Modified: 2018-02-07 13:50:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
DatesThis exemption is effective as of April 8, 2016.
ContactPaul Kallan, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2809; email: [email protected]
FR Citation81 FR 20690 

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