83 FR 54622 - Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Changes to Tier 2* Departure Evaluation Process

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 210 (October 30, 2018)

Page Range		54622-54623
FR Document		2018-23627

The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption for prior NRC approval of any departure from Tier 2* information or any departure from Tier 2 information that involves a change to or departure from Tier 2* information, provided that specified criteria are not met, and is issuing License Amendment Nos. 142 and 141 to Combined Licenses (COLs) 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, and the City of Dalton, Georgia (collectively SNC); 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 imposition of License Condition 2.D.13 asked for in the amendment request. 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 210 (Tuesday, October 30, 2018)

[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54622-54623]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-23627]

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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; Changes to Tier 2* Departure
Evaluation Process

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 for prior NRC approval of any departure from Tier 2*
information or any departure from Tier 2 information that involves a
change to or departure from Tier 2* information, provided that
specified criteria are not met, and is issuing License Amendment Nos.
142 and 141 to Combined Licenses (COLs) 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, and
the City of Dalton, Georgia (collectively SNC); 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 imposition of License
Condition 2.D.13 asked for in the amendment request. 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 September 20, 2018.

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 Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: Jennifer.Borges@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 ``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 December 21,
2017, and available in ADAMS under Accession No. ML17355A416.
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 paragraphs B.5.a, B.6.b, and
B.6.c of section VIII, ``Processes for Changes and Departures,'' of
Appendix D, of Part 52 of Title 10 of the Code of Federal Regulations
(10 CFR), and issuing License Amendment No. to COLs, NPF-91 and NPF-92,
to SNC. With the requested amendment, SNC sought proposed License
Condition 2.D.13 and proposed changes that would revise the Updated
Final Safety Analysis Report Tier 2 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 Sections 50.12 and 52.7 of 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. ML18207A262.
Identical exemption documents (except for referenced unit numbers
and license numbers) were issued to SNC 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. ML18235A031 and ML18235032,
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. ML18235A033 and ML18235A035,
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 December 21, 2017, as supplemented by letters
dated April 6, May 11, June 18, August 3, August 10, and September 13,
2018, SNC requested from the Commission an exemption from the
requirements of 10 CFR part 52, Appendix D, ``Design Certification Rule
for the AP1000 Design,'' Section VIII, ``Processes for Changes and
Departures,'' paragraphs VIII.B.5.a, VIII.B.6.b, and VIII.B.6.c, for
prior NRC approval of any departure from Tier 2* information or any
departure from Tier 2 information that involves a change to or
departure from Tier 2* information, provided that specified criteria
are not met. SNC specified the criteria in a new license condition in
license amendment request (LAR) 17-037, ``Changes to the Tier 2*
Departure Evaluation Process,'' which SNC submitted together with the
exemption request. The proposed license condition would allow SNC to
apply the change process for Tier 2 information in 10 CFR part 52,
Appendix D, Section VIII.B.5, to a

[[Page 54623]]

proposed departure from Tier 2* information in the UFSAR (which
includes the plant-specific design certification document (DCD),
provided the criteria in the new condition are not met. For the reasons
set forth in Section 3.2 of the NRC staff's Safety Evaluation, which
can be found at ADAMS Accession No. ML18207A262, 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;
2. Accordingly, SNC is granted an exemption from the requirements
to obtain prior NRC approval for any departure from Tier 2* information
and an exemption from the requirement to obtain prior NRC approval for
any departure from Tier 2 information that involves a change to or
departure from Tier 2* information, as described in the licensee's
request dated December 21, 2017, as supplemented by letters dated April
6, May 11, June 18, August 3, August 10, and September 13, 2018,
provided that each of the criteria in License Condition 2.D.(13)(a) is
not met for each such departure. These exemptions are related to, and
necessary for the granting of License Amendment No. 142, which is being
issued concurrently with this exemption.
3. As explained in Section 6.0 of the NRC staff's Safety Evaluation
(ADAMS Accession No. ML18207A262), 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 December 21, 2017 (ADAMS Accession No.
ML17355A416), SNC 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 Comission 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
February 13, 2018 (83 FR 6234). Public comments were received during
the 30-day comment period. The staff's responses to the comments appear
in Section 5.0 of the Safety Evaluation.
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 SNC requested
on September 20, 2018. The exemption and amendment were issued on
September 20, 2018, as part of a combined package to the licensee
(ADAMS Accession No. ML18235A029).

Dated at Rockville, Maryland, this 25th day of October 2018.

For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Licensing Branch 4, Division of Licensing, Siting, and
Environmental Analysis, Office of New Reactors.
[FR Doc. 2018-23627 Filed 10-29-18; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices 54623

proposed departure from Tier 2* findings as required by the Act and the (Open)—The ACRS Chairman will make
information in the UFSAR (which Commission’s rules and regulations in opening remarks regarding the conduct
includes the plant-specific design 10 CFR Chapter I, which are set forth in of the meeting.
certification document (DCD), provided the license amendment. 8:35 a.m.–10:30 a.m.: Waterford
the criteria in the new condition are not A notice of consideration of issuance Steam Electric Station, Unit 3 License
met. For the reasons set forth in Section of amendment to facility operating Renewal Application (Open)—The
3.2 of the NRC staff’s Safety Evaluation, license or COL, as applicable, proposed Committee will have briefings by and
which can be found at ADAMS no significant hazards consideration discussion with representatives of the
Accession No. ML18207A262, the determination, and opportunity for a NRC staff and Entergy regarding the
Commission finds that: hearing in connection with these safety evaluation associated with the
A. the exemption is authorized by actions, was published in the Federal subject license renewal application.
law; Register on February 13, 2018 (83 FR 10:45 a.m.–12:45 p.m.: River Bend
B. the exemption presents no undue 6234). Public comments were received Nuclear Generating Station, Unit 1
risk to public health and safety; during the 30-day comment period. The License Renewal Application (Open)—
C. the exemption is consistent with staff’s responses to the comments The Committee will have briefings by
the common defense and security; appear in Section 5.0 of the Safety and discussion with representatives of
D. special circumstances are present Evaluation. the NRC staff and Entergy regarding the
in that the application of the rule in this The Commission has determined that safety evaluation associated with the
circumstance is not necessary to serve these amendments satisfy the criteria for subject license renewal application.
the underlying purpose of the rule; categorical exclusion in accordance 1:45 p.m.–2:45 p.m.: Preparation for
2. Accordingly, SNC is granted an with 10 CFR 51.22. Therefore, pursuant Meeting with Commission (Open)—The
exemption from the requirements to to 10 CFR 51.22(b), no environmental Committee will prepare for the
obtain prior NRC approval for any impact statement or environmental upcoming meeting with the Commission
departure from Tier 2* information and assessment need be prepared for these in December.
an exemption from the requirement to amendments. 3 p.m.–6 p.m.: Preparation of ACRS
obtain prior NRC approval for any Reports (Open)—The Committee will
departure from Tier 2 information that IV. Conclusion continue its discussion of proposed
involves a change to or departure from Using the reasons set forth in the ACRS reports.
Tier 2* information, as described in the combined safety evaluation, the staff
licensee’s request dated December 21, Friday, November 2, 2018, Conference
granted the exemption and issued the
2017, as supplemented by letters dated Room 1C3 & 1C5, Three White Flint
amendment that SNC requested on
April 6, May 11, June 18, August 3, North, 11601 Landsdown Street, North
September 20, 2018. The exemption and
August 10, and September 13, 2018, Bethesda, MD 20852
amendment were issued on September
provided that each of the criteria in 20, 2018, as part of a combined package 8:30 a.m.–10 a.m.: Future ACRS
License Condition 2.D.(13)(a) is not met to the licensee (ADAMS Accession No. Activities/Report of the Planning and
for each such departure. These ML18235A029). Procedures Subcommittee and
exemptions are related to, and necessary Reconciliation of ACRS Comments and
Dated at Rockville, Maryland, this 25th day
for the granting of License Amendment of October 2018. Recommendations (Open/Closed)—The
No. 142, which is being issued Committee will hear discussion of the
For the Nuclear Regulatory Commission.
concurrently with this exemption. recommendations of the Planning and
Jennifer L. Dixon-Herrity,
3. As explained in Section 6.0 of the Procedures Subcommittee regarding
NRC staff’s Safety Evaluation (ADAMS Chief, Licensing Branch 4, Division of items proposed for consideration by the
Licensing, Siting, and Environmental
Accession No. ML18207A262), this Full Committee during future ACRS
Analysis, Office of New Reactors.
exemption meets the eligibility criteria meetings. [Note: A portion of this
[FR Doc. 2018–23627 Filed 10–29–18; 8:45 am]
for categorical exclusion set forth in 10 meeting may be closed pursuant to 5
BILLING CODE 7590–01–P
CFR 51.22(c)(9). Therefore, pursuant to U.S.C. 552b (c)(2) and (6) to discuss
10 CFR 51.22(b), no environmental organizational and personnel matters
impact statement or environmental that relate solely to internal personnel
NUCLEAR REGULATORY
assessment needs to be prepared in rules and practices of the ACRS, and
COMMISSION
connection with the issuance of the information the release of which would
exemption. Revised 658th Meeting of the Advisory constitute a clearly unwarranted
4. This exemption is effective as of the Committee on Reactor Safeguards invasion of personal privacy].
date of its issuance. (ACRS) 10:15 a.m.–12 p.m.: Preparation of
ACRS Reports (Open)—The Committee
III. License Amendment Request In accordance with the purposes of will continue its discussion of proposed
By letter dated December 21, 2017 Sections 29 and 182b of the Atomic ACRS reports.
(ADAMS Accession No. ML17355A416), Energy Act (42 U.S.C. 2039, 2232b), the 1 p.m.–6 p.m.: Preparation of ACRS
SNC requested that the NRC amend the Advisory Committee on Reactor Reports (Open)—The Committee will
COLs for VEGP, Units 3 and 4, COLs Safeguards (ACRS) will hold meetings continue its discussion of proposed
NPF–91 and NPF–92. The proposed on November 1–3, 2018, Three White ACRS reports and retreat items.
amendment is described in Section I of Flint North, 11601 Landsdown Street,
Saturday, November 3, 2018,
khammond on DSK30JT082PROD with NOTICES

this Federal Register notice. North Bethesda, MD 20852.
The Comission has determined for Conference Room 1C3 & 1C5, Three
these amendments that the application Thursday, November 1, 2018, White Flint North, 11601 Landsdown
complies with the standards and Conference Room 1C3 & 1C5, Three Street, North Bethesda, MD 20852
requirements of the Atomic Energy Act White Flint North, 11601 Landsdown 8:30 p.m.–12 p.m.: Preparation of
of 1954, as amended (the Act), and the Street, North Bethesda, MD 20852 ACRS Reports (Open)—The Committee
Commission’s rules and regulations. 8:30 a.m.–8:35 a.m.: Opening will continue its discussion of proposed
The Commission has made appropriate Remarks by the ACRS Chairman ACRS reports and retreat items.

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Document Created: 2018-10-30 00:43:42
Document Modified: 2018-10-30 00:43:42

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		The exemption and amendment were issued on September 20, 2018.
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		83 FR 54622