83_FR_4097 83 FR 4078 - Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Containment Air Filtration Exhaust Rooms West Walls Removal

83 FR 4078 - Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Containment Air Filtration Exhaust Rooms West Walls Removal

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range4078-4079
FR Document2018-01520

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 Nos. 98 and 97 to Combined Licenses (COL), NPF-91 and NPF-92, respectively. 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 83 Issue 19 (Monday, January 29, 2018) 
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4078-4079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01520]


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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; Containment Air Filtration Exhaust 
Rooms West Walls Removal

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 Nos. 98 and 97 to Combined Licenses (COL), NPF-91 and 
NPF-92, respectively. 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.

DATES: The exemption and amendment were issued on November 14, 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 website: 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 24, 2017 (ADAMS Accession No. ML17144A413), as 
supplemented by letter dated August 31, 2017 (ADAMS Accession No. 
ML17243A445).
     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 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 Nos. 98 and 97 to COLs, NPF-91 
and NPF-92, respectively, 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 to the Updated Final Safety Analysis 
Report in the form of departures from the incorporated

[[Page 4079]]

plant-specific Design Control Document Tier 2 information and involves 
changes to COL Appendix C. The proposed changes revise the COLs to 
remove the west walls of containment air filtration exhaust rooms A and 
B in the annex building to facilitate ease of access to equipment in 
the room during installation and maintenance.
    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 Sec. Sec.  50.12, 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. ML17283A313.
    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. ML17283A316 and 
ML17283A317, 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. ML17283A314 and 
ML17283A315, 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 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 24, 2017, as supplemented by letter dated 
August 31, 2017, the licensee requested from the Commission an 
exemption to allow departures from Tier 1 information in the certified 
DCD incorporated by reference in 10 CFR part 52, appendix D, as part of 
license amendment request 17-017, ``Containment Air Filtration Exhaust 
Rooms West Walls Removal.''
    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. 
ML17283A313, the Commission finds that:

    A. The exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
safety;
    C. the exemption is consistent with the common defense and 
security;
    D. special circumstances are present in that the application of 
the rule in this circumstance is not necessary to serve the 
underlying purpose of the rule;
    E. the special circumstances outweigh any decrease in safety 
that may result from the reduction in standardization caused by the 
exemption; and
    F. the exemption will not result in a significant decrease in 
the level of safety otherwise provided by the design.

    2. Accordingly, the licensee is granted an exemption from the 
certified DCD Tier 1 information, with corresponding changes to 
Appendix C of the Facility Combined License as described in the request 
dated May 24, 2017, as supplemented by letter dated August 31, 2017. 
This exemption is related to, and necessary for the granting of License 
Amendment No. 98 (Unit 3) and 97 (Unit 4), 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. ML17283A313), 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 24, 2017 (ADAMS Accession No. ML17144A413), as 
supplemented by letter dated August 31, 2017 (ADAMS Accession No. 
ML17243A445), 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 COL, 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 
August 8, 2017 (82 FR 37128). 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 exemptions and issued the amendments that the 
licensee requested on May 24, 2017, as supplemented by letter dated 
August 31, 2017.
    The exemptions and amendments were issued on November 14, 2017, as 
part of a combined package to the licensee (ADAMS Accession No. 
ML17283A312).

    Dated at Rockville, Maryland, this 22nd day of January, 2018.

    For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2018-01520 Filed 1-26-18; 8:45 am]
 BILLING CODE 7590-01-P

4078 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices relevant facts to support the PRB’s the final action of the Commission 25 information related to this document review. days after the date of the decision unless using any of the following methods: The NRC sent a copy of the proposed the Commission, on its own motion, • Federal Rulemaking website: Go to director’s decision to the Petitioners and institutes a review of the director’s http://www.regulations.gov and search to the licensees for comment by letters decision in that time. for Docket ID NRC–2008–0252. Address dated September 18, 2017 (ADAMS Dated at Rockville, Maryland, this 23rd day questions about NRC dockets to Carol Accession Nos. ML17156A197 and of January, 2018. Gallagher; telephone: 301–415–3463; ML17156A214, respectively). The For the Nuclear Regulatory Commission. email: Carol.Gallagher@nrc.gov. For Petitioners and the licensees were technical questions, contact the Tanya M. Mensah, provided the opportunity to provide individual listed in the FOR FURTHER comments on any part of the proposed Senior Project Manager, ROP Oversight and INFORMATION CONTACT section of this Generic Communications Branch, Division of director’s decision that was considered document. Inspection and Regional Support, Office of to be erroneous or any issues in the Nuclear Reactor Regulation. • NRC’s Agencywide Documents petition that were not addressed. The Access and Management System [FR Doc. 2018–01514 Filed 1–26–18; 8:45 am] Petitioners provided comments by letter (ADAMS): You may obtain publicly- BILLING CODE 7590–01–P dated October 11, 2017 (ADAMS available documents online in the Accession No. ML17291A040), and the ADAMS Public Documents collection at Nuclear Energy Institute (NEI) provided http://www.nrc.gov/reading-rm/ NUCLEAR REGULATORY comments, on behalf of licensees, by adams.html. To begin the search, select COMMISSION letter dated October 16, 2017 (ADAMS ‘‘ADAMS Public Documents’’ and then Accession No. ML17291A846). No new select ‘‘Begin Web-based ADAMS information was provided. To enhance [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] Search.’’ For problems with ADAMS, the clarity of the director’s decision, the please contact the NRC’s Public NRC staff revised the description of the Southern Nuclear Operating Company, Document Room (PDR) reference staff at NRC’s accident sequence precursor Inc., Vogtle Electric Generating Plant, 1–800–397–4209, 301–415–4737, or by (ASP) program provided in Section D of Units 3 and 4; Containment Air email to pdr.resource@nrc.gov. The the director’s decision, to differentiate Filtration Exhaust Rooms West Walls ADAMS accession number for each between condition and event Removal document referenced (if it is available in assessments. The comments from the ADAMS) is provided the first time that Petitioners and NEI, along with the NRC AGENCY: Nuclear Regulatory it is mentioned in this document. The staff’s responses to the comments, are Commission. request for the amendment and included as an attachment to the ACTION: Exemption and combined exemption was submitted by letter director’s decision. The attachment license amendment; issuance. dated May 24, 2017 (ADAMS Accession identifies any updates to the director’s No. ML17144A413), as supplemented decision, as a result of comments SUMMARY: The U.S. Nuclear Regulatory by letter dated August 31, 2017 received from the Petitioners and NEI. Commission (NRC) is granting an (ADAMS Accession No. ML17243A445). On December 12, 2017, the NRC exemption to allow a departure from the • NRC’s PDR: You may examine and issued a final director’s decision certification information of Tier 1 of the purchase copies of public documents at (ADAMS Accession No. ML17304A893). generic design control document (DCD) the NRC’s PDR, Room O1–F21, One Subsequently, the NRC was informed of and is issuing License Amendment Nos. White Flint North, 11555 Rockville a minor error in the final director’s 98 and 97 to Combined Licenses (COL), Pike, Rockville, Maryland 20852. decision. Specifically, Section D of the NPF–91 and NPF–92, respectively. The FOR FURTHER INFORMATION CONTACT: final director’s decision refers to a COLs were issued to Southern Nuclear December 2015 open phase condition Chandu Patel, Office of New Reactors, Operating Company, Inc., and Georgia U.S. Nuclear Regulatory Commission, event at Oconee and states, ‘‘Two Power Company, Oglethorpe Power separate transformers required for safe Washington, DC 20555–0001; telephone: Corporation, MEAG Power SPVM, LLC, 301–415–3025; email: Chandu.Patel@ shutdown of the three operating Oconee MEAG Power SPVJ, LLC, MEAG Power nuclear units were identified with open nrc.gov. SPVP, LLC, Authority of Georgia, and phase conditions.’’ This statement is in the City of Dalton, Georgia (the SUPPLEMENTARY INFORMATION: error because only one Oconee licensee); for construction and operation I. Introduction transformer experienced an open phase of the Vogtle Electric Generating Plant condition. Although this error does not (VEGP) Units 3 and 4, located in Burke The NRC is granting an exemption change the decision in the director’s County, Georgia. from paragraph B of section III, ‘‘Scope decision, the NRC revised it, as The granting of the exemption allows and Contents,’’ of appendix D, ‘‘Design appropriate, for accuracy. the changes to Tier 1 information asked Certification Rule for the AP1000,’’ to The Director, Office of Nuclear for in the amendment. Because the part 52 of title 10 of the Code of Federal Reactor Regulation, has determined that acceptability of the exemption was Regulations (10 CFR), and issuing the request(s) to issue orders to determined in part by the acceptability License Amendment Nos. 98 and 97 to operating reactor licensees regarding an of the amendment, the exemption and COLs, NPF–91 and NPF–92, open phase condition be denied. The amendment are being issued respectively, to the licensee. The reasons for this decision are explained concurrently. exemption is required by paragraph A.4 of section VIII, ‘‘Processes for Changes sradovich on DSK3GMQ082PROD with NOTICES in the Director’s Decision DD–17–04, pursuant to 10 CFR 2.206. DATES: The exemption and amendment and Departures,’’ appendix D, to 10 CFR The NRC will file a copy of the were issued on November 14, 2017. part 52 to allow the licensee to depart director’s decision with the Secretary of ADDRESSES: Please refer to Docket ID from Tier 1 information. With the the Commission for the Commission’s NRC–2008–0252 when contacting the requested amendment, the licensee review in accordance with 10 CFR NRC about the availability of sought proposed changes to the Updated 2.206. As provided by this regulation, information regarding this document. Final Safety Analysis Report in the form the director’s decision will constitute You may obtain publicly-available of departures from the incorporated VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1

Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices 4079 plant-specific Design Control Document Accession No. ML17283A313, the determination, and opportunity for a Tier 2 information and involves changes Commission finds that: hearing in connection with these to COL Appendix C. The proposed A. The exemption is authorized by law; actions, was published in the Federal changes revise the COLs to remove the B. the exemption presents no undue risk to Register on August 8, 2017 (82 FR west walls of containment air filtration public health and safety; 37128). No comments were received exhaust rooms A and B in the annex C. the exemption is consistent with the during the 30-day comment period. building to facilitate ease of access to common defense and security; The Commission has determined that equipment in the room during D. special circumstances are present in that these amendments satisfy the criteria for installation and maintenance. the application of the rule in this circumstance is not necessary to serve the categorical exclusion in accordance Part of the justification for granting with 10 CFR 51.22. Therefore, pursuant underlying purpose of the rule; the exemption was provided by the E. the special circumstances outweigh any to 10 CFR 51.22(b), no environmental review of the amendment. Because the decrease in safety that may result from the impact statement or environmental exemption is necessary in order to issue reduction in standardization caused by the assessment need be prepared for these the requested license amendment, the exemption; and amendments. NRC granted the exemption and issued F. the exemption will not result in a the amendment concurrently, rather significant decrease in the level of safety IV. Conclusion than in sequence. This included issuing otherwise provided by the design. Using the reasons set forth in the a combined safety evaluation containing 2. Accordingly, the licensee is granted combined safety evaluation, the staff the NRC staff’s review of both the an exemption from the certified DCD granted the exemptions and issued the exemption request and the license Tier 1 information, with corresponding amendments that the licensee requested amendment. The exemption met all changes to Appendix C of the Facility on May 24, 2017, as supplemented by applicable regulatory criteria set forth in Combined License as described in the letter dated August 31, 2017. §§ 50.12, 52.7, and section VIII.A.4 of request dated May 24, 2017, as The exemptions and amendments appendix D to 10 CFR part 52. The supplemented by letter dated August 31, were issued on November 14, 2017, as license amendment was found to be 2017. This exemption is related to, and part of a combined package to the acceptable as well. The combined safety necessary for the granting of License licensee (ADAMS Accession No. evaluation is available in ADAMS under Amendment No. 98 (Unit 3) and 97 ML17283A312). Accession No. ML17283A313. (Unit 4), which is being issued Identical exemption documents Dated at Rockville, Maryland, this 22nd concurrently with this exemption. day of January, 2018. (except for referenced unit numbers and 3. As explained in Section 5.0 of the license numbers) were issued to the For the Nuclear Regulatory Commission. NRC staff’s Safety Evaluation (ADAMS licensee for VEGP Units 3 and 4 (COLs Accession No. ML17283A313), this Jennifer L. Dixon-Herrity, NPF–91 and NPF–92). The exemption exemption meets the eligibility criteria Chief, Licensing Branch 4, Division of New documents for VEGP Units 3 and 4 can for categorical exclusion set forth in 10 Reactor Licensing, Office of New Reactors. be found in ADAMS under Accession CFR 51.22(c)(9). Therefore, pursuant to [FR Doc. 2018–01520 Filed 1–26–18; 8:45 am] Nos. ML17283A316 and ML17283A317, 10 CFR 51.22(b), no environmental BILLING CODE 7590–01–P respectively. The exemption is impact statement or environmental reproduced (with the exception of assessment needs to be prepared in abbreviated titles and additional connection with the issuance of the NUCLEAR REGULATORY citations) in Section II of this document. exemption. COMMISSION The amendment documents for COLs 4. This exemption is effective as of the [Docket No. 40–9091; NRC–2011–0148] NPF–91 and NPF–92 are available in date of its issuance. ADAMS under Accession Nos. Strata Energy, Inc.; Ross Uranium In III. License Amendment Request ML17283A314 and ML17283A315, Situ Recovery Facility; Source and respectively. A summary of the By letter dated May 24, 2017 (ADAMS Byproduct Materials License amendment documents is provided in Accession No. ML17144A413), as Section III of this document. supplemented by letter dated August 31, AGENCY: Nuclear Regulatory 2017 (ADAMS Accession No. Commission. II. Exemption ML17243A445), the licensee requested ACTION: Final environmental assessment Reproduced below is the exemption that the NRC amend the COLs for VEGP, and finding of no significant impact; document issued to VEGP Units 3 and Units 3 and 4, COLs NPF–91 and NPF– issuance. Unit 4. It makes reference to the 92. The proposed amendment is combined safety evaluation that described in Section I of this Federal SUMMARY: The U.S. Nuclear Regulatory provides the reasoning for the findings Register notice. Commission (NRC) is considering an made by the NRC (and listed under Item The Commission has determined for amendment of Source and Byproduct (1) in order to grant the exemption: these amendments that the application Materials License SUA–1601 to modify 1. In a letter dated May 24, 2017, as complies with the standards and a License Condition for the Strata supplemented by letter dated August 31, requirements of the Atomic Energy Act Energy, Inc. (Strata) Ross In Situ 2017, the licensee requested from the of 1954, as amended (the Act), and the Recovery (ISR) Project. Specifically, Commission an exemption to allow Commission’s rules and regulations. Strata is requesting that NRC approve a departures from Tier 1 information in The Commission has made appropriate modification to License Condition 11.3(C) for Mine Units Nos. 1 and 2 sradovich on DSK3GMQ082PROD with NOTICES the certified DCD incorporated by findings as required by the Act and the reference in 10 CFR part 52, appendix Commission’s rules and regulations in (MU1 and MU2) that would reduce the D, as part of license amendment request 10 CFR Chapter I, which are set forth in number of monitoring wells placed in 17–017, ‘‘Containment Air Filtration the license amendment. the underlying aquifer. The NRC has Exhaust Rooms West Walls Removal.’’ A notice of consideration of issuance prepared a final environmental For the reasons set forth in Section 3.1 of amendment to facility operating assessment (EA) and finding of no of the NRC staff’s Safety Evaluation, license or COL, as applicable, proposed significant impact (FONSI) for this which can be found in ADAMS under no significant hazards consideration licensing action. VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1


Document Created: 2018-01-27 00:57:28
Document Modified: 2018-01-27 00:57:28
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.
DatesThe exemption and amendment were issued on November 14, 2017.
ContactChandu Patel, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3025; email: [email protected]
FR Citation83 FR 4078 
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