82 FR 8224 - Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4 CA04 Structural Module ITAAC Dimensions Change

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 14 (January 24, 2017)

Page Range		8224-8225
FR Document		2017-01548

The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and issuing License Amendment No. 42 to Combined Licenses (COL), NPF-91 and NPF-92. The COLs were issued to 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 licensees''), for construction and operation of 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 requested in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.

Federal Register, Volume 82 Issue 14 (Tuesday, January 24, 2017)

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8224-8225]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-01548]

[[Page 8224]]

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NUCLEAR REGULATORY COMMISSION

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

Southern Nuclear Operating Company, Inc., Vogtle Electric
Generating Plant, Units 3 and 4 CA04 Structural Module ITAAC Dimensions
Change

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption to allow a departure from the certification information of
Tier 1 of the generic design control document (DCD) and issuing License
Amendment No. 42 to Combined Licenses (COL), NPF-91 and NPF-92. The
COLs were issued to 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 licensees''), for construction and
operation of 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 requested in the amendment. Because the acceptability of
the exemption was determined in part by the acceptability of the
amendment, the exemption and amendment are being issued concurrently.

DATES: January 24, 2017.

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 a document is referenced. The
request for the amendment and exemption was submitted by the letter
dated September 18, 2015 (ADAMS Accession No. ML15261A757).
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: Chandu Patel, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-3025; email: Chandu.Patel@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC is granting an exemption from Tier 1 information in the
certified DCD incorporated by reference in part 52 of Title 10 of the
Code of Federal Regulations (10 CFR), appendix D, ``Design
Certification Rule for the AP1000 Design,'' and issuing License
Amendment No. 42 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 related to the design
details of the containment internal structural wall modules (CA04,
CA01, and CB65). The proposed changes to Tier 2 information in the VEGP
Units 3 and 4 Updated Final Safety Analysis Report (UFSAR), plant-
specific Tier 1 information, and corresponding COL Appendix C
information would allow an increase of the concrete wall thickness
tolerances. The proposed changes would allow:
(1) A change to Tier 2 information in UFSAR Subsection 3.8.3.6.1,
``Fabrication, Erection, and Construction of Structural Modules,'' to
allow an increase in wall thickness tolerance beyond the American
Concrete Institute (ACI) 117, ``Standard Specifications for Tolerance
for Concrete Construction and Material,'' specified tolerance for some
Containment Internal Structure (CIS) walls, and
(2) the addition of Note 10 to Tier 1 Table 3.3-1, which provides
the wall thickness tolerance deviations.
Part of the justification for granting the exemption was provided
by the review of the amendment. Because the exemption is necessary in
order to issue the requested license amendment, the NRC granted the
exemption and issued the amendment concurrently, rather than in
sequence. This included issuing a combined safety evaluation containing
the NRC staff's review of both the exemption request and the license
amendment. The exemption met all applicable regulatory criteria set
forth in 10 CFR 50.12, 10 CFR 52.7, and 10 CFR 52.63(b)(1). The license
amendment was found to be acceptable as well. The combined safety
evaluation is available in ADAMS under Accession No. ML15302A473.
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). These documents are available in ADAMS under
Accession Nos. ML15302A418 and ML15302A443, 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.
ML15302A406 and ML15302A413, 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 VEGP, Units 3
and 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 September 18, 2015, Southern Nuclear Operating
Company, Inc. (licensee) requested from the NRC an exemption to allow
departures from Tier 1 information in the certified Design Control
Document (DCD) incorporated by reference in 10 CFR part 52, appendix D,
``Design Certification Rule for the AP1000 Design,'' as part of license
amendment request (LAR) 15-015, ``CA04 Structural Module Inspection,
Test, Analysis, and Acceptance Criteria Dimensions Change.''
For the reasons set forth in Section 3.1 of the NRC staff's Safety
Evaluation, which can be found in ADAMS under Accession No.
ML15302A473, the Commission finds that:
A. The exemption is authorized by law;
B. the exemption presents no undue risk to public health and
safety;

[[Page 8225]]

C. the exemption is consistent with the common defense and
security;
D. special circumstances are present in that the application of the
rule in this circumstance is not necessary to serve the underlying
purpose of the rule;
E. the special circumstances outweigh any decrease in safety that
may result from the reduction in standardization caused by the
exemption, and
F. the exemption will not result in a significant decrease in the
level of safety otherwise provided by the design.
2. Accordingly, the licensee is granted an exemption from the
certified DCD Tier 1 Table: 3.3-1, as described in the licensee's
request dated September 18, 2015. This exemption is related to, and
necessary for the granting of License Amendment No. 42, which is being
issued concurrently with this exemption.
3. As explained in Section 5.0 of the NRC staff's Safety Evaluation
(ADAMS Accession No. ML15302A473), this exemption meets the eligibility
criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9).
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact
statement or environmental assessment needs to be prepared in
connection with the issuance of the exemption.
4. This exemption is effective as of the date of its issuance.

III. License Amendment Request

The request for the amendment and exemption was submitted by the
letter dated September 18, 2015. The proposed amendment is described in
Section I, above.
The Commission has determined for these amendments that the
application complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's rules
and regulations. The Commission has made appropriate findings as
required by the Act and the Commission's rules and regulations in 10
CFR chapter I, which are set forth in the license amendment.
A notice of consideration of issuance of amendment to facility
operating license or combined license, as applicable, proposed no
significant hazards consideration determination, and opportunity for a
hearing in connection with these actions, was published in the Federal
Register on October 8, 2015 (80 FR 60937). Comments were received
during the 30-day comment period.

IV. Public Comments

On November 9, 2015, the staff received a public comment from the
Blue Ridge Environmental Defense League and its Chapter Concerned
Citizens of Shell Bluff (BREDL), regarding the proposed amendment
request for the VEGP, Units 3 and 4. This document can be found in
ADAMS under Accession No. ML15320A016. On December 7, 2015, BREDL filed
its Petition and on December 23, 2015, BREDL filed a corrected petition
(ADAMS Accession Nos. ML15341A348 and ML15357A000, respectively). On
January 4, 2016, NRC and SNC filed their respective answers to the
Petition for Leave to Intervene and Request for Hearing (ADAMS
Accession Nos. ML16004A471 and ML16004A479, respectively). The Atomic
Safety and Licensing Board issued a ruling on the VEGP Units 3 and 4
license amendment request contention admissibility proceeding on April
29, 2016. This document can be found in ADAMS under Accession No.
ML16120A508.
The NRC staff has found that the amendment involves no significant
hazards consideration. The Commission has determined that these
amendments satisfy the criteria for categorical exclusion in accordance
with 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared for these amendments.

V. 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 September 18, 2015. The exemption and amendment were
issued on December 16, 2015, as part of a combined package to the
licensee (ADAMS Accession No. ML15302A398).

Dated at Rockville, Maryland, this 12th day of January 2017.

For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2017-01548 Filed 1-23-17; 8:45 am]
BILLING CODE 7590-01-P

Document Created: 2018-02-01 15:12:33
Document Modified: 2018-02-01 15:12:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Exemption and combined license amendment; issuance.
Dates		January 24, 2017.
Contact		Chandu Patel, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3025; email: [email protected]
FR Citation		82 FR 8224