81_FR_75027 81 FR 74819 - Southern Nuclear Operating Company, Vogtle Electric Generating Plant, Units 3 and 4; Passive Core Cooling System (PXS) Design Changes To Address Potential Gas Intrusion

81 FR 74819 - Southern Nuclear Operating Company, Vogtle Electric Generating Plant, Units 3 and 4; Passive Core Cooling System (PXS) Design Changes To Address Potential Gas Intrusion

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74819-74820
FR Document2016-25981

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. 55 to Combined Licenses (COL), 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, Authority of Georgia, and the City of Dalton, Georgia (the licensee); 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 208 (Thursday, October 27, 2016) 
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74819-74820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25981]


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NUCLEAR REGULATORY COMMISSION

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


Southern Nuclear Operating Company, Vogtle Electric Generating 
Plant, Units 3 and 4; Passive Core Cooling System (PXS) Design Changes 
To Address Potential Gas Intrusion

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an 
exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and is issuing 
License Amendment No. 55 to Combined Licenses (COL), 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, Authority of Georgia, 
and the City of Dalton, Georgia (the licensee); 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.

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: Carol.Gallagher@nrc.gov. 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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. The request for the amendment and exemption was submitted by 
letter dated May 5, 2016 (ADAMS Accession No. ML16126A276).
     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: Paul.Kallan@nrc.gov.

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. 55 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 
would revise the Updated Final Safety Analysis Report in the form of 
departures from the incorporated plant-specific DCD Tier 2 information. 
The proposed amendment also involves related changes to plant-specific 
Tier 1 information, with corresponding changes to the associated COL 
Appendix C 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. ML16237A393.
    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. ML16237A325 and 
ML16237A344, 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. ML16237A315 and 
ML16237A319, 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 May 5, 2016, 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 16-004, 
``Passive Core Cooling System (PXS) Design Changes to Address Potential 
Gas Intrusion (LAR-16-004).''
    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. ML16237A393, 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

[[Page 74820]]

    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 information, with corresponding changes to 
Appendix C of the facility COLs as described in the licensee's request 
dated May 5, 2016. This exemption is related to, and necessary for, the 
granting of License Amendment No. 55, which is being issued 
concurrently with this exemption.
    3. As explained in Section 5.0, ``Environmental Consideration,'' of 
the NRC staff's Safety Evaluation this exemption meets the eligibility 
criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment needs to be prepared in 
connection with the issuance of the exemption.
    4. This exemption is effective as of the date of its issuance.

III. License Amendment Request

    By letter dated May 5, 2016, 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 July 19, 2016 (81 FR 46958). 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 May 5, 2016.
    The exemption and amendment were issued on October 4, 2016 as part 
of a combined package to the licensee (ADAMS Accession No. 
ML16237A283).

    Dated at Rockville, Maryland, this 20th day of October 2016.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2016-25981 Filed 10-26-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices 74819 For the Nuclear Regulatory Commission. • NRC’s Agencywide Documents a combined safety evaluation containing Michael T. Markley, Access and Management System the NRC staff’s review of both the Chief, Plant Licensing Branch II–1, Division (ADAMS): You may obtain publicly- exemption request and the license of Operating Reactor Licensing, Office of available documents online in the amendment. The exemption met all Nuclear Reactor Regulation. ADAMS Public Documents collection at applicable regulatory criteria set forth in [FR Doc. 2016–25987 Filed 10–26–16; 8:45 am] http://www.nrc.gov/reading-rm/ 10 CFR 50.12, 10 CFR 52.7, and Section BILLING CODE 7590–01–P adams.html. To begin the search, select VIII.A.4 of Appendix d to 10 CFR part ‘‘ADAMS Public Documents’’ and then 52. The license amendment was found select ‘‘Begin Web-based ADAMS to be acceptable as well. The combined NUCLEAR REGULATORY Search.’’ For problems with ADAMS, safety evaluation is available in ADAMS COMMISSION please contact the NRC’s Public under Accession No. ML16237A393. [Docket Nos. 52–025 and 52–026; NRC– Document Room (PDR) reference staff at Identical exemption documents 2008–0252] 1–800–397–4209, 301–415–4737, or by (except for referenced unit numbers and email to pdr.resource@nrc.gov. The license numbers) were issued to the Southern Nuclear Operating Company, ADAMS accession number for each licensee for VEGP Units 3 and 4 (COLs Vogtle Electric Generating Plant, Units document referenced (if it is available in NPF–91 and NPF–92). The exemption 3 and 4; Passive Core Cooling System ADAMS) is provided the first time that documents for VEGP Units 3 and 4 can (PXS) Design Changes To Address it is mentioned in this document. The be found in ADAMS under Accession Potential Gas Intrusion request for the amendment and Nos. ML16237A325 and ML16237A344, AGENCY: Nuclear Regulatory exemption was submitted by letter respectively. The exemption is Commission. dated May 5, 2016 (ADAMS Accession reproduced (with the exception of No. ML16126A276). abbreviated titles and additional ACTION: Exemption and combined • NRC’s PDR: You may examine and citations) in Section II of this document. license amendment; issuance. purchase copies of public documents at The amendment documents for COLs SUMMARY: The U.S. Nuclear Regulatory the NRC’s PDR, Room O1–F21, One NPF–91 and NPF–92 are available in Commission (NRC) is granting an White Flint North, 11555 Rockville ADAMS under Accession Nos. exemption to allow a departure from the Pike, Rockville, Maryland 20852. ML16237A315 and ML16237A319, certification information of Tier 1 of the FOR FURTHER INFORMATION CONTACT: Paul respectively. A summary of the generic design control document (DCD) Kallan, Office of New Reactors, U.S. amendment documents is provided in and is issuing License Amendment No. Nuclear Regulatory Commission, Section III of this document. 55 to Combined Licenses (COL), NPF– Washington, DC 20555–0001; telephone: 91 and NPF–92. The COLs were issued 301–415–2809; email: Paul.Kallan@ II. Exemption to Southern Nuclear Operating nrc.gov. Reproduced below is the exemption Company, Inc., and Georgia Power SUPPLEMENTARY INFORMATION: document issued to Vogtle Units 3 and Company, Oglethorpe Power Unit 4. It makes reference to the Corporation, MEAG Power SPVM, LLC, I. Introduction combined safety evaluation that MEAG Power SPVJ, LLC, MEAG Power The NRC is granting an exemption provides the reasoning for the findings SPVP, LLC, Authority of Georgia, and from paragraph B of section III, ‘‘Scope made by the NRC (and listed under Item the City of Dalton, Georgia (the and Contents,’’ of Appendix D, ‘‘Design 1) in order to grant the exemption: licensee); for construction and operation Certification Rule for the AP1000,’’ to 1. In a letter dated May 5, 2016, the of the Vogtle Electric Generating Plant part 52 of Title 10 of the Code of Federal licensee requested from the Commission (VEGP) Units 3 and 4, located in Burke Regulations (10 CFR), and issuing an exemption from the provisions of 10 County, Georgia. License Amendment No. 55 to COLs, CFR part 52, Appendix d, Section III.B, The granting of the exemption allows NPF–91 and NPF–92, to the licensee. as part of License Amendment Request the changes to Tier 1 information asked The exemption is required by paragraph 16–004, ‘‘Passive Core Cooling System for in the amendment. Because the A.4 of section VIII, ‘‘Processes for (PXS) Design Changes to Address acceptability of the exemption was Changes and Departures,’’ Appendix d, Potential Gas Intrusion (LAR–16–004).’’ determined in part by the acceptability to 10 CFR part 52 to allow the licensee For the reasons set forth in Section of the amendment, the exemption and to depart from Tier 1 information. With 3.1, ‘‘Evaluation of Exemption,’’ of the amendment are being issued the requested amendment, the licensee NRC staff’s Safety Evaluation, which concurrently. sought proposed changes that would can be found in ADAMS under ADDRESSES: Please refer to Docket ID revise the Updated Final Safety Accession No. ML16237A393, the NRC–2008–0252 when contacting the Analysis Report in the form of Commission finds that: NRC about the availability of departures from the incorporated plant- A. The exemption is authorized by information regarding this document. specific DCD Tier 2 information. The law; You may obtain publicly-available proposed amendment also involves B. the exemption presents no undue information related to this document related changes to plant-specific Tier 1 risk to public health and safety; using any of the following methods: information, with corresponding • Federal Rulemaking Web site: Go to changes to the associated COL C. the exemption is consistent with http://www.regulations.gov and search Appendix C information. the common defense and security; for Docket ID NRC–2008–0252. Address Part of the justification for granting D. special circumstances are present sradovich on DSK3GMQ082PROD with NOTICES questions about NRC dockets to Carol the exemption was provided by the in that the application of the rule in this Gallagher; telephone: 301–415–3463; review of the amendment. Because the circumstance is not necessary to serve email: Carol.Gallagher@nrc.gov. For exemption is necessary in order to issue the underlying purpose of the rule; technical questions, contact the the requested license amendment, the E. the special circumstances outweigh individual listed in the FOR FURTHER NRC granted the exemption and issued any decrease in safety that may result INFORMATION CONTACT section of this the amendment concurrently, rather from the reduction in standardization document. than in sequence. This included issuing caused by the exemption; and VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1

74820 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices F. the exemption will not result in a amendment that the licensee requested adams.html. To begin the search, select significant decrease in the level of safety on May 5, 2016. ‘‘ADAMS Public Documents’’ and then otherwise provided by the design. The exemption and amendment were select ‘‘Begin Web-based ADAMS 2. Accordingly, the licensee is granted issued on October 4, 2016 as part of a Search.’’ For problems with ADAMS, an exemption from the certified DCD combined package to the licensee please contact the NRC’s Public Tier 1 information, with corresponding (ADAMS Accession No. ML16237A283). Document Room (PDR) reference staff at changes to Appendix C of the facility Dated at Rockville, Maryland, this 20th day 1–800–397–4209, 301–415–4737, or by COLs as described in the licensee’s of October 2016. email to pdr.resource@nrc.gov. The request dated May 5, 2016. This For the Nuclear Regulatory Commission. ADAMS accession number for each exemption is related to, and necessary document referenced (if it is available in Jennifer Dixon-Herrity, for, the granting of License Amendment ADAMS) is provided the first time that Chief, Licensing Branch 4, Division of New No. 55, which is being issued it is mentioned in this document. Reactor Licensing, Office of New Reactors. concurrently with this exemption. • NRC’s PDR: You may examine and [FR Doc. 2016–25981 Filed 10–26–16; 8:45 am] purchase copies of public documents at 3. As explained in Section 5.0, ‘‘Environmental Consideration,’’ of the BILLING CODE 7590–01–P the NRC’s PDR, Room O1–F21, One NRC staff’s Safety Evaluation this White Flint North, 11555 Rockville exemption meets the eligibility criteria Pike, Rockville, Maryland 20852. for categorical exclusion set forth in 10 NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: CFR 51.22(c)(9). Therefore, pursuant to COMMISSION Thomas Wengert, Office of Nuclear 10 CFR 51.22(b), no environmental [Docket No. 50–333; NRC–2016–0221] Reactor Regulation; U.S. Nuclear impact statement or environmental Regulatory Commission, Washington, assessment needs to be prepared in Entergy Nuclear Operations, Inc.; DC 20555–0001; telephone: 301–415– connection with the issuance of the FitzPatrick Nuclear Power Plant 4037; email: Thomas.Wengert@nrc.gov. exemption. AGENCY: Nuclear Regulatory 4. This exemption is effective as of the I. Background Commission. Entergy is the holder of Renewed date of its issuance. ACTION: Exemption; issuance. Facility Operating License No. DPR–59, III. License Amendment Request which authorizes operation of JAF. The SUMMARY: The U.S. Nuclear Regulatory By letter dated May 5, 2016, the license provides, among other things, Commission (NRC) is issuing an licensee requested that the NRC amend that the facility is subject to all rules, exemption in response to a January 15, the COLs for VEGP, Units 3 and 4, COLs regulations, and orders of the NRC now 2016, request from Entergy Nuclear NPF–91 and NPF–92. The proposed or hereafter in effect. The facility Operations, Inc. (Entergy or the amendment is described in Section I of consists of a boiling-water reactor licensee), from certain regulatory this Federal Register notice. located in Oswego County, New York. The Commission has determined for requirements. The exemption would By letter dated November 18, 2015 these amendments that the application permit a certified fuel handler to (ADAMS Accession No. ML15322A273), complies with the standards and approve the emergency suspension of Entergy submitted to the NRC, the requirements of the Atomic Energy Act security measures for James A. certification, in accordance with of 1954, as amended (the Act), and the Fitzpatrick Nuclear Power Plant (JAF) § 50.82(a)(1)(i) of title 10 of the Code of Commission’s rules and regulations. during certain emergency conditions or Federal Regulations (10 CFR), indicating The Commission has made appropriate during severe weather. The exemption that it intended to permanently cease findings as required by the Act and the will be effective after JAF has submitted operations of JAF. By letter dated March Commission’s rules and regulations in the certifications that it has permanently 16, 2016 (ADAMS Accession No. 10 CFR chapter I, which are set forth in ceased power operation and has ML16076A391), Entergy certified that it the license amendment. permanently removed fuel from the plans to permanently cease power A notice of consideration of issuance reactor vessel. operations at JAF on January 27, 2017. of amendment to facility operating ADDRESSES: Please refer to Docket ID NRC–2016–0221 when contacting the II. Request/Action license or combined license, as applicable, proposed no significant NRC about the availability of On January 15, 2016 (ADAMS hazards consideration determination, information regarding this document. Accession No. ML16015A457), the and opportunity for a hearing in You may obtain publicly-available licensee requested an exemption from connection with these actions, was information related to this document § 73.55(p)(1)(i) and (ii), pursuant to published in the Federal Register on using any of the following methods: § 73.5, ‘‘Specific exemptions.’’ Section July 19, 2016 (81 FR 46958). No • Federal Rulemaking Web site: Go to 73.55(p)(1)(i) and (ii) require, in part, comments were received during the 30- http://www.regulations.gov and search that the suspension of security measures day comment period. for Docket ID NRC–2016–0221. Address during certain emergency conditions or The Commission has determined that questions about NRC dockets to Carol during severe weather be approved by a these amendments satisfy the criteria for Gallagher; telephone: 301–415–3463; licensed senior operator. The exemption categorical exclusion in accordance email: Carol.Gallagher@nrc.gov. For request relates solely to the licensing with 10 CFR 51.22. Therefore, pursuant technical questions, contact the requirements specified in the to 10 CFR 51.22(b), no environmental individual listed in the FOR FURTHER regulations directing suspension of INFORMATION CONTACT section of this security measures in accordance with sradovich on DSK3GMQ082PROD with NOTICES impact statement or environmental assessment need be prepared for these document. § 73.55(p)(1)(i)–(ii), and would expand amendments. • NRC’s Agencywide Documents on the requirement for a licensed senior Access and Management System operator to provide this approval. The IV. Conclusion (ADAMS): You may obtain publicly- exemption would allow the suspension Using the reasons set forth in the available documents online in the of security measures during certain combined safety evaluation, the staff ADAMS Public Documents collection at emergency conditions or during severe granted the exemption and issued the http://www.nrc.gov/reading-rm/ weather by a certified fuel handler VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1


Document Created: 2016-10-27 01:52:56
Document Modified: 2016-10-27 01:52:56
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 and combined license amendment; issuance.
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 74819 
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