Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Company; Change to the Primary Sampling System, 45987-45989 [2013-18246]

Download as PDF Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices action of granting an exemption will not significantly impact the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed exemption. pmangrum on DSK3VPTVN1PROD with NOTICES 6.0 Conclusion The NRC concludes that the licensee’s request for an exemption from certain requirements of 10 CFR 50.47(b) and 10 CFR Part 50, Appendix E, Section IV as specified in this SE are acceptable in view of the greatly reduced offsite radiological consequences associated with the ISFSI. The YNPS Emergency Plan has been reviewed against the acceptance criteria included in 10 CFR 50.47, Appendix E to 10 CFR Part 50, 10 CFR 72.32 and Interim Staff Guidance—16. The review considered the ISFSI and the low likelihood of any credible accident resulting in radiological releases requiring offsite protective measures. These evaluations were supported by the previously documented licensee and staff accident analyses. The staff concludes that: The YNPS Emergency Plan provides: (1) An adequate basis for an acceptable state of emergency preparedness; and (2) the Emergency Plan, in conjunction with arrangements made with offsite response agencies, provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the YNPS facility. The NRC has determined that pursuant to 10 CFR 50.12, the exemptions described in the SE are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest, and special circumstances are present. 7.0 Further Information Documents related to this action, including the application for renewal and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http:// www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC’s ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737 or by email to pdr.resource@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, VerDate Mar<15>2010 14:32 Jul 29, 2013 Jkt 229001 MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 17th day of July 2013. For the Nuclear Regulatory Commission. Michele M. Sampson, Chief, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2013–18252 Filed 7–29–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Company; Change to the Primary Sampling System Nuclear Regulatory Commission. ACTION: Exemption and combined license amendment: issuance. AGENCY: 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. 10 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, Municipal Electric 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 amendment requests to modify the Primary Sampling System (PSS) design, including changes to Tier 1 information located in Tables 2.2.1–2, 2.3.13–1, and 2.3.13–3, Figures 2.2.1–1 ‘‘Containment System’’ and 2.3.13–1 ‘‘Primary Sampling System,’’ and Subsection 2.3.13, ‘‘Primary Sampling System’’ of the Updated Final Safety Analysis Report (UFSAR). 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. SUMMARY: Please refer to Docket ID NRC–2008–0252 when contacting the NRC about the availability of information regarding this document. ADDRESSES: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 45987 You may access information related to this document, which the NRC possesses and is publicly available, 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: 301–492–3668; 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 access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/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 in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The request for the amendment and exemption were submitted by letter dated December 7, 2012 (ADAMS Accession No. ML12346A396). The licensee supplemented this request on January 25, 2013 (ADAMS Accession No. ML13028A267), and March 29, 2013 (ADAMS Accession No. ML13091A056). • 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: Anthony Minarik, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6185; email: Anthony.Minarik@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. 10 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 E:\FR\FM\30JYN1.SGM 30JYN1 45988 Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES sought to modify the design of the Primary Sampling System (PSS). As part of this request, the licensee needed to change Tier 1 information located in Tables 2.2.1–2, 2.3.13–1, and 2.3.13–3, Figures 2.2.1–1 ‘‘Containment System’’ and 2.3.13–1 ‘‘Primary Sampling System,’’ and Subsection 2.3.13, ‘‘Primary Sampling System’’ of the UFSAR. These changes were necessary as part of a design modification which changes the type of valve used as the air return check valve from a check valve to a solenoid-operated valve (SOV); redesigns the PSS inside-containment header; and adds a PSS containment penetration. 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. ML13150A088. Identical exemption documents (except for referenced unit numbers and license numbers) were issued to the licensee for Vogtle Units 3 and 4 (COLs NPF–91 and NPF–92). These documents can be found in ADAMS under Accession Nos. ML13150A064 and ML13150A066. 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. ML13150A070 and ML13150A077. 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 December 7, 2012, and as supplemented by letters dated January 25, 2013, and March 29, 2013, the licensee requested from the Commission an exemption from the provisions of 10 CFR part 52, Appendix VerDate Mar<15>2010 14:32 Jul 29, 2013 Jkt 229001 D, Section III.B, as part of license amendment request 12–012R, ‘‘Changes to the Primary Sampling System’’ (LAR 12–012R). 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. ML13150A088, 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 to the provisions of 10 CFR part 52, Appendix D, Section III.B, to allow deviations from the certified Design Control Document Tier 1 Section 2.3.13, Tables 2.2.1–2, 2.3.13–1, and 2.3.13–3, and Figures 2.2.1–1 and 2.3.13–1, as described in the licensee’s request dated December 7, 2012, and as supplemented on January 25, 2013, and March 29, 2013. This exemption is related to, and necessary for the granting of License Amendment No. 10, which is being issued concurrently with this exemption. 3. As explained in Section 3.1, ‘‘Evaluation of Exemption,’’ of the NRC staff’s Safety Evaluation (ADAMS Accession No. ML13150A088), 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 June 19, 2013. III. License Amendment Request By letter dated December 7, 2012, the licensee requested that the NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF–91 and NPF–92. The licensee supplemented this application on January 25, 2013, and March 29, 2013. The proposed amendment would depart from Tier 2 Material previously incorporated into the UFSAR. Additionally, these Tier 2 changes involve changes to Tier 1 Information in PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 the UFSAR, and the proposed amendment would also revise the associated material that has been included in Appendix C of each of the VEGP, Units 3 and 4 COLs. The requested amendment will revise the Tier 2 UFSAR information pertaining to the PSS air return valve, and various Tier 2 tables and sections regarding the PSS design. These Tier 2 changes require modifications to particular Tier 1 information located in Tables 2.2.1–2, 2.3.13–1, and 2.3.13–3, Figures 2.2.1–1 ‘‘Containment System’’ and 2.3.13–1 ‘‘Primary Sampling System,’’ and Subsection 2.3.13, ‘‘Primary Sampling System’’ of the UFSAR, as well as the corresponding information in Appendix C. These changes were necessary as part of a design modification which changes the type of valve used as the air return check valve from a check valve to a SOV; redesigns the PSS insidecontainment header; and adds a PSS containment penetration. 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 February 19, 2013 (78 FR 11693). The January 25, 2013 supplement revised the original no significant hazards consideration determination, but this revision was captured in the February 19, 2013 Federal Register Notice. The March 29, 2013 supplement had no effect on the no significant hazards consideration determination, and no comments were received during the 60day 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 E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices on December 7, 2012, and supplemented by letters dated January 25, 2013, and March 29, 2013. The exemption and amendment were issued on June 19, 2013 as part of a combined package to the licensee. (ADAMS Accession No. ML13150A052). Dated at Rockville, Maryland, this 23rd day of July 2013. For the Nuclear Regulatory Commission. Lawrence Burkhart, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2013–18246 Filed 7–29–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Company; Change to the Primary Sampling System Nuclear Regulatory Commission. ACTION: Exemption and combined license amendment: Issuance. AGENCY: 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. 10 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, Municipal Electric 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 amendment requests to modify the Primary Sampling System (PSS) design, including changes to Tier 1 information located in Tables 2.2.1–2, 2.3.13–1, and 2.3.13–3, Figures 2.2.1–1 ‘‘Containment System’’ and 2.3.13–1 ‘‘Primary Sampling System,’’ and Subsection 2.3.13, ‘‘Primary Sampling System’’ of the Updated Final Safety Analysis Report (UFSAR). 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. pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:32 Jul 29, 2013 Jkt 229001 Please refer to Docket ID NRC–2008–0252 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly available, 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: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/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 in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The request for the amendment and exemption were submitted by letter dated December 7, 2012 (ADAMS Accession No. ML12346A396). The licensee supplemented this request on January 25, 2013 (ADAMS Accession No. ML13028A267), and March 29, 2013 (ADAMS Accession No. ML13091A056). • 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: Anthony Minarik, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6185; email: Anthony.Minarik@nrc.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: 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. 10 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 45989 to 10 CFR part 52 to allow the licensee to depart from Tier 1 information. With the requested amendment, the licensee sought to modify the design of the Primary Sampling System (PSS). As part of this request, the licensee needed to change Tier 1 information located in Tables 2.2.1–2, 2.3.13–1, and 2.3.13–3, Figures 2.2.1–1 ‘‘Containment System’’ and 2.3.13–1 ‘‘Primary Sampling System,’’ and Subsection 2.3.13, ‘‘Primary Sampling System’’ of the UFSAR. These changes were necessary as part of a design modification which changes the type of valve used as the air return check valve from a check valve to a solenoid-operated valve (SOV); redesigns the PSS inside-containment header; and adds a PSS containment penetration. 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. ML13150A088. Identical exemption documents (except for referenced unit numbers and license numbers) were issued to the licensee for Vogtle Units 3 and 4 (COLs NPF–91 and NPF–92). These documents can be found in ADAMS under Accession Nos. ML13150A064 and ML13150A066. 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. ML13150A070 and ML13150A077. 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 December 7, 2012, and as supplemented by letters dated January 25, 2013, and March 29, 2013, E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45987-45989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18246]


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NUCLEAR REGULATORY COMMISSION

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


Vogtle Electric Generating Station, Units 3 and 4; Southern 
Nuclear Operating Company; Change to the Primary Sampling System

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment: issuance.

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

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. 10 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, Municipal Electric 
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 amendment 
requests to modify the Primary Sampling System (PSS) design, including 
changes to Tier 1 information located in Tables 2.2.1-2, 2.3.13-1, and 
2.3.13-3, Figures 2.2.1-1 ``Containment System'' and 2.3.13-1 ``Primary 
Sampling System,'' and Subsection 2.3.13, ``Primary Sampling System'' 
of the Updated Final Safety Analysis Report (UFSAR). 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 access information related to this document, which the NRC 
possesses and is publicly available, 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: 301-492-
3668; 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 access publicly available documents online in the NRC 
Library 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 in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The request for the amendment and exemption were submitted 
by letter dated December 7, 2012 (ADAMS Accession No. ML12346A396). The 
licensee supplemented this request on January 25, 2013 (ADAMS Accession 
No. ML13028A267), and March 29, 2013 (ADAMS Accession No. ML13091A056).
     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: Anthony Minarik, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6185; email: Anthony.Minarik@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. 10 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

[[Page 45988]]

sought to modify the design of the Primary Sampling System (PSS). As 
part of this request, the licensee needed to change Tier 1 information 
located in Tables 2.2.1-2, 2.3.13-1, and 2.3.13-3, Figures 2.2.1-1 
``Containment System'' and 2.3.13-1 ``Primary Sampling System,'' and 
Subsection 2.3.13, ``Primary Sampling System'' of the UFSAR. These 
changes were necessary as part of a design modification which changes 
the type of valve used as the air return check valve from a check valve 
to a solenoid-operated valve (SOV); redesigns the PSS inside-
containment header; and adds a PSS containment penetration.
    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. ML13150A088.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for Vogtle Units 3 and 
4 (COLs NPF-91 and NPF-92). These documents can be found in ADAMS under 
Accession Nos. ML13150A064 and ML13150A066. 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. ML13150A070 and 
ML13150A077. 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 December 7, 2012, and as supplemented by 
letters dated January 25, 2013, and March 29, 2013, 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 12-012R, ``Changes to the Primary Sampling System'' (LAR 12-
012R).
    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. ML13150A088, 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 to the 
provisions of 10 CFR part 52, Appendix D, Section III.B, to allow 
deviations from the certified Design Control Document Tier 1 Section 
2.3.13, Tables 2.2.1-2, 2.3.13-1, and 2.3.13-3, and Figures 2.2.1-1 and 
2.3.13-1, as described in the licensee's request dated December 7, 
2012, and as supplemented on January 25, 2013, and March 29, 2013. This 
exemption is related to, and necessary for the granting of License 
Amendment No. 10, which is being issued concurrently with this 
exemption.
    3. As explained in Section 3.1, ``Evaluation of Exemption,'' of the 
NRC staff's Safety Evaluation (ADAMS Accession No. ML13150A088), 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 June 19, 2013.

III. License Amendment Request

    By letter dated December 7, 2012, the licensee requested that the 
NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The 
licensee supplemented this application on January 25, 2013, and March 
29, 2013. The proposed amendment would depart from Tier 2 Material 
previously incorporated into the UFSAR. Additionally, these Tier 2 
changes involve changes to Tier 1 Information in the UFSAR, and the 
proposed amendment would also revise the associated material that has 
been included in Appendix C of each of the VEGP, Units 3 and 4 COLs. 
The requested amendment will revise the Tier 2 UFSAR information 
pertaining to the PSS air return valve, and various Tier 2 tables and 
sections regarding the PSS design. These Tier 2 changes require 
modifications to particular Tier 1 information located in Tables 2.2.1-
2, 2.3.13-1, and 2.3.13-3, Figures 2.2.1-1 ``Containment System'' and 
2.3.13-1 ``Primary Sampling System,'' and Subsection 2.3.13, ``Primary 
Sampling System'' of the UFSAR, as well as the corresponding 
information in Appendix C. These changes were necessary as part of a 
design modification which changes the type of valve used as the air 
return check valve from a check valve to a SOV; redesigns the PSS 
inside-containment header; and adds a PSS containment penetration.
    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 February 19, 2013 (78 FR 11693). The January 25, 2013 
supplement revised the original no significant hazards consideration 
determination, but this revision was captured in the February 19, 2013 
Federal Register Notice. The March 29, 2013 supplement had no effect on 
the no significant hazards consideration determination, and no comments 
were received during the 60-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

[[Page 45989]]

on December 7, 2012, and supplemented by letters dated January 25, 
2013, and March 29, 2013. The exemption and amendment were issued on 
June 19, 2013 as part of a combined package to the licensee. (ADAMS 
Accession No. ML13150A052).

    Dated at Rockville, Maryland, this 23rd day of July 2013.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2013-18246 Filed 7-29-13; 8:45 am]
BILLING CODE 7590-01-P