Dominion Virginia Power Combined License Application for North Anna, Unit 3, 75480-75483 [2015-30536]
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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices
H. Recordkeeping
1. NSCI must/would maintain a
record of any recordable injury, illness,
in-patient hospitalizations, amputations,
loss of an eye or fatality (using the
OSHA 301 Incident Report form to
investigate and record energy controlrelated recordable injuries as defined by
29 CFR 1904.4, 1904.7, 1904.8 through
1904.12 10), resulting from the task of
grinding roll mill passes located in the
roll mill stands by completing the
OSHA 301 Incident Report form and
OSHA 300 Log of Work-Related Injuries
and Illnesses.
2. NSCI must/would maintain records
of all tests and inspections of the
component configuration or operation,
and energy control procedures, as well
as associated hazardous condition
corrective actions and repairs.
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I. Notifications
To assist OSHA in administering the
conditions specified herein, NSCI shall/
would:
1. Notify the OTPCA and the
Bridgeport, CT, Area Office of any
recordable injuries, illnesses, in-patient
hospitalizations, amputations, loss of an
eye or fatality (by submitting the
completed OSHA 301 Incident Report
form) resulting from implementing the
alternative energy control procedures of
the proposed variance conditions while
completing the task of grinding roll mill
passes located in the roll mill stands.
The notification must be made within 8
hours of the incident or 8 hours after
becoming aware of a recordable injury,
illness, in-patient hospitalizations,
amputations, loss of an eye, or fatality.
2. Submit a copy of the preliminary
incident investigation (OSHA form 301)
to the OTPCA and the Bridgeport, CT,
Area Office within 24 hours of the
incident or 24 hours after becoming
aware of a recordable case and submit
a copy of the full incident investigation
within 7 calendar days of the incident
or 7 calendar days after becoming aware
of the case. In addition to the
information required by the OSHA form
301, the incident-investigation report
must include a root-cause
determination, and the preventive and
corrective actions identified and
implemented.
3. Provide certification within 15
working days of the incident that NSCI
informed affected workers of the
incident and the results of the incident
investigation (including the root-cause
determination and preventive and
corrective actions identified and
implemented).
10 See
footnote 5.
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4. Notify the OTPCA and the
Bridgeport, CT, Area Office in writing
and 15 working days prior to any
proposed change in the energy control
operations (including changes
addressed by condition C–13) that
affects NSCI’s ability to comply with the
conditions specified herein.
5. Obtain OSHA’s approval prior to
implementing the proposed change in
the energy control operations that
affects NSCI’s ability to comply with the
conditions specified herein.
6. Provide a written evaluation report,
by January 31st at the beginning of each
calendar year, with a report covering the
year just ended, to the OTPCA and the
Bridgeport, CT, Area Office
summarizing the quarterly inspections
and functionality tests of the trapped
key system components and
configuration or operation and energy
control procedures that affect the
grinding of roll mill passes located in
the roll mill stands, to ensure that the
energy control procedure and the
conditions of this variance are being
followed.
Note: The evaluation report is to
contain summaries of: (1) The number
of variance-related incidents (as
recorded on OSHA 301 forms); and (2)
root causes of any incidents, and
preventive and corrective actions
identified and implemented.
7. Inform the OTPCA and the
Bridgeport, CT, Area Office as soon as
possible after it has knowledge that it
will:
a. Cease to do business;
b. change the location and address of
the main office for managing the
alternative energy control procedures
specified herein; or
c. transfer the operations specified
herein to a successor company.
8. Notify all affected employees of this
interim order/proposed permanent
variance by the same means required to
inform them of its application for a
variance.
9. Request approval from OSHA for
the transfer of the interim order/
proposed permanent variance to a
successor company.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to Section
29 U.S.C. 655(6)(d), Secretary of Labor’s
Order No. 1–2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1905.11.
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Signed at Washington, DC, on November
25, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2015–30483 Filed 12–1–15; 8:45 am]
BILLING CODE 4510–26–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–016; NRC–2008–0066]
Dominion Virginia Power Combined
License Application for North Anna,
Unit 3
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in a response to a September
23, 2015, letter from Dominion Virginia
Power (Dominion or applicant), which
requested an exemption from the
requirement to submit an annual update
of the Final Safety Analysis Report
(FSAR) included in Dominion’s
Combined License (COL) application for
calendar year 2015. The NRC staff
reviewed this request and determined
that it is appropriate to grant the
exemption based on the schedule for
completion of the applicant’s seismic
closure plan (SCP) submitted on
October 22, 2014, which outlined a
revised approach to performing certain
aspects of the seismic analysis for the
North Anna 3 COL application (COLA)
as well as use of the most current NRCapproved ground motion model.
DATES: The effective date of the
Dominion FSAR exemption issuance is
December 2, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2008–0066 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
https://www.regulations.gov and search
for Docket ID NRC–2008–0066. 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
SUMMARY:
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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices
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https://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.
• 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:
James Shea, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1388; email: James.Shea@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By letter dated November 26, 2007
(ADAMS accession number
ML073320913), Dominion submitted its
application to the NRC for a COL to
construct and operate a General ElectricHitachi Economic Simplified BoilingWater Reactor (ESBWR) at North Anna
Power Station (North Anna), Unit 3 site
pursuant to part 52 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ By letter
dated June 28, 2010, Dominion revised
its application to incorporate by
reference the Mitsubishi Heavy
Industries, Ltd. United States–Advanced
Pressurized Water Reactor technology to
construct and operate at the North
Anna, Unit 3 site.
On August 23, 2011, a 5.8 magnitude
earthquake occurred near Mineral,
Virginia, which is approximately 11
miles from the North Anna Unit 3 site.
In view of the earthquake, the NRC staff
requested additional analysis of the
proposed reactor design to verify that
the design, if built at the North Anna
site, would satisfy the requirements of
10 CFR part 50, Appendix A, ‘‘General
Design Criteria,’’ Criterion 2, ‘‘Design
Bases for Protection Against Natural
Phenomena,’’ and 10 CFR part 50,
Appendix S, ‘‘Earthquake Engineering
Criteria for Nuclear Power Plants.’’
During the applicant’s seismic
evaluation, the NRC staff had requests
for additional information and had held
public meetings with the applicant to
provide staff feedback on the North
Anna 3 site seismic analyses.
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By letter dated April 25, 2013,
Dominion notified the NRC staff that it
planned to revert back to ESBWR
reactor technology for its North Anna
Unit 3 COLA. Dominion then submitted
a revised application that incorporated
by reference the ESBWR Design Control
Document (DCD), Revision 9, by letter
dated December 18, 2013. After meeting
with the NRC staff in 2014 and
performing seismic sensitivity analyses,
Dominion modified its site-specific
seismic analyses approach intended to
simplify it and make it more consistent
with the seismic analyses presented in
the ESBWR DCD. Therefore, in its SCP
submitted on October 22, 2014 (ADAMS
accession number ML14297A199),
Dominion outlined a schedule for
completing all technical reports,
analyses, and COLA changes needed to
address seismic issues by December 31,
2015.
II. Request/Action
The regulations specified in 10 CFR
50.71(e)(3)(iii) require that an applicant
for a COL under 10 CFR part 52 shall,
during the period from docketing of a
COL application until the NRC makes a
finding under 10 CFR 52.103(g)
pertaining to facility operation, submit
an annual update to the application’s
FSAR, which is a part of the
application.
Pursuant to 10 CFR 50.71(e)(3)(iii),
the next annual update of the North
Anna, Unit 3, COL application FSAR
would be due on or before December 31,
2015. By letter to the NRC dated
September 23, 2015, Dominion
requested a one-time exemption from
the 10 CFR 50.71(e)(3)(iii) requirement
to submit the scheduled 2015 COL
application FSAR update, and proposed
a new submission deadline of June 30,
2016, for the next FSAR update
(ADAMS Accession Number
ML15268A039). Dominion then
proposes to submit the next annual
FSAR update required by 10 CFR
50.71(e)(3) in 2017.
Dominion’s requested exemption is a
one-time schedule change from the
requirements of 10 CFR 50.71(e)(3)(iii).
The exemption, as requested, would
allow Dominion to submit the next
FSAR update no later than June 30,
2016. Dominion states that the FSAR, if
submitted as requested, would include
all the FSAR changes based on the
Dominion SCP to allow a more efficient
and effective submittal of an updated
FSAR reflecting all changes associated
with the site-specific seismic analyses.
III. Discussion
Pursuant to 10 CFR 50.12, the NRC
may, upon application by any interested
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75481
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR part 50, including section
50.71(e)(3)(iii) when: (1) The
exemptions are authorized by law, will
not present an undue risk to public
health or safety, and are consistent with
the common defense and security; and
(2) special circumstances are present. As
relevant to the requested exemption,
special circumstances exist if: (1)
‘‘Application of the regulation in the
particular circumstances would not
serve the underlying purpose of the rule
or is not necessary to achieve the
underlying purpose of the rule’’ (10 CFR
50.12(a)(2)(ii)); or (2) ‘‘The exemption
would provide only temporary relief
from the applicable regulation and the
licensee or applicant has made good
faith efforts to comply with the
regulation’’ (10 CFR 50.12(a)(2)(v)).
The review of the North Anna, Unit
3, ESBWR COL application has been
ongoing since Dominion submitted the
revised COL application dated
December 18, 2013. The technical issues
currently under consideration by the
NRC staff are primarily associated with
the revised North Anna, Unit 3 seismic
analyses, which Dominion has been
addressing since it submitted the
revised COL application, as described in
detail in the 2014 SCP. According to the
SCP, in December 2015, Dominion is
scheduled to submit to the NRC
technical reports and COL application
markups that incorporate the results of
analyses of seismic design capacities of
certain structures, systems, and
components. In addition, during the
week of September 28, 2015, the NRC
staff completed an audit associated with
the proposed North Anna, Unit 3 sitespecific seismic issues. The NRC staff
plans to conduct a second audit in the
first or second quarter of 2016 relating
to the capacities of the systems
structures and components to withstand
the site-specific seismic ground motion.
Therefore, the NRC staff may identify
additional requests for information
regarding seismic issues in the course of
its review through the end of December
2015; as a result of the technical reports
and COL application markups due to be
submitted in December 2015; and as a
result of the second technical audit
planned for spring 2016. The COL
application markups due in December
2015, together with any NRC staff
requests for additional information, will
likely result in the need to change the
FSAR. These changes could not be
completed before the current FSAR
update is due at the end of calendar year
2015.
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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices
Authorized by Law
The exemption is a one-time schedule
exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption, as
requested, would allow Dominion to
submit the next North Anna, Unit 3,
COL application FSAR update on or
before June 30, 2016, in lieu of the
required scheduled submittal on or
before December 31, 2015. As stated
above, 10 CFR 50.12 allows the NRC to
grant such an exemption. The NRC staff
has determined that granting Dominion
a one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii)
with updates to the FSAR to be
submitted on or before June 30, 2016,
will provide only temporary relief from
this regulation and will not result in a
violation of the Atomic Energy Act of
1954, as amended, or NRC regulations.
Therefore, the exemption is authorized
by law.
No Undue Risk to Public Health and
Safety
The underlying purpose of 10 CFR
50.71(e)(3)(iii) is to provide for a timely
and comprehensive update of the FSAR
associated with a COL application in
order to support an effective and
efficient review by the NRC staff and
issuance of the NRC staff’s safety
evaluation report. The requested
exemption is solely administrative in
nature, in that it pertains to the
schedule for submission to the NRC of
revisions to an application under 10
CFR part 52, for which a license has not
been granted. Based on the nature of the
requested exemption as described
above, no new accident precursors are
created by the exemption; thus, neither
the probability, nor the consequences of
postulated accidents are increased.
Therefore, there is no undue risk to
public health and safety.
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Consistent With Common Defense and
Security
The exemption would allow
Dominion to submit the next FSAR
update prior to final North Anna, Unit
3 NRC staff safety evaluation. This
schedule change has no relation to
security issues. Therefore, the common
defense and security is not impacted by
this exemption.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2), are present
whenever: (1) Application of the
regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule’’ (10 CFR
50.12(a)(2)(ii)); or (2) The exemption
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would provide only temporary relief
from the applicable regulation and the
licensee or applicant has made good
faith efforts to comply with the
regulation (10 CFR 50.12(a)(2)(v)).
The underlying purpose of 10 CFR
50.71(e)(3)(iii) in the context of a COL
application is to provide for a timely
and comprehensive update of the FSAR
associated with a COL application in
order to support an effective and
efficient review by the NRC staff and
issuance of the NRC staff’s safety
evaluation report. As discussed above,
the requested one-time exemption is
solely administrative in nature, in that
it pertains to a one-time schedule
change for submittal of revisions to an
application under 10 CFR part 52, for
which a license has not been granted. In
addition, since the remaining review of
the application primarily relates to the
issues discussed in the Dominion SCP,
there will not likely be any significant
FSAR updates until the elements of the
SCP and the NRC staff seismic audits
are completed. Completion of the SCP
(through submission of technical reports
and COL application markups) in
December 2015 and the additional
information submitted as a result of
NRC staff audits scheduled for spring of
2016 cannot be reflected in a December
2015 FSAR update, but will be reflected
in an FSAR update scheduled for June
2016. At that time, the revised FSAR
update submitted by Dominion will be
reviewed by the NRC to confirm that
COL markups and changes identified in
requests for additional information
responses will be reflected in the FSAR
prior to completion of the final North
Anna, Unit 3 NRC staff safety
evaluation. The requested one-time
exemption would permit Dominion time
to submit all the necessary technical
information for NRC staff review and
the updated COL markups associated
with the revised North Anna, Unit 3,
seismic analyses in accordance with the
submitted Dominion SCP. The NRC staff
has determined that this one-time
exemption will support the staff’s
effective and efficient review of the COL
application, as well as issuance of the
safety evaluation report, and, therefore,
submission of an FSAR update in
December 2015 is not necessary to
achieve the underlying purpose of 10
CFR 50.71(e)(3)(iii). Accordingly, the
NRC staff finds that special
circumstances are present under 10 CFR
50.12(a)(2)(ii) in connection with
Dominion’s requested exemption.
Further, the NRC staff finds that
granting a one-time exemption from 10
CFR 50.71(e)(3)(iii) would provide only
temporary relief, since Dominion would
update the FSAR in June 2016. The
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2014 Dominion SCP outlined the
approach to meet NRC regulatory
requirements and address requests for
additional information as a result of
NRC staff technical review. Under the
Dominion SCP for the proposed North
Anna, Unit 3, technical reports and
analyses have been submitted as they
have been completed to date, and two
sets of COLA markups (the first revising
geotechnical information and the
second incorporating the results of soilstructure interaction analyses, structuresoil-structure interaction analyses, and
stability analyses) have been completed
and submitted for NRC staff review. As
described in the Dominion SCP, the last
technical reports and a third set of
COLA markups, which incorporate the
results of the analyses of the design
capacities of certain structures, systems,
and components (SSCs), are scheduled
in the SCP to be submitted in December
2015. Accordingly, the NRC staff finds
that Dominion has made good faith
efforts to comply with the regulation,
and the special circumstances defined
by 10 CFR 50.12(a)(2)(v) are present.
Therefore, the special circumstances
required by 10 CFR 50.12(a)(2) for the
granting of an exemption from 10 CFR
50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion
From Environmental Review
With respect to the exemption’s
impact on the quality of the human
environment, the NRC has determined
that this specific exemption request is
eligible for categorical exclusion as
identified in 10 CFR 51.22(c)(25). Under
10 CFR 51.22(c)(25), granting of an
exemption from the requirements of any
regulation of 10 CFR Chapter 1 (which
includes 10 CFR 50.71(e)(3)(iii)) is an
action that is a categorical exclusion,
provided that:
(i) There is no significant hazards
consideration;
(ii) There is no significant change in
the types or significant increase in the
amounts of any effluents that may be
released offsite;
(iii) There is no significant increase in
individual or cumulative public or
occupational radiation exposure;
(iv) There is no significant
construction impact;
(v) There is no significant increase in
the potential for or consequences from
radiological accidents; and
(vi) The requirements from which an
exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance
requirements;
(D) Equipment servicing or
maintenance scheduling requirements;
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(E) Education, training, experience,
qualification, requalification or other
employment suitability requirements;
(F) Safeguard plans, and materials
control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity
requirements; or
(I) Other requirements of an
administrative, managerial, or
organizational nature.
The requirements from which this
exemption is sought involve only ‘‘(B)
Reporting requirements’’ or ‘‘(G)
Scheduling requirements’’ of those
required by 10 CFR 51.22(c)(25)(vi).
The NRC staff’s determination that
each of the applicable criteria for this
categorical exclusion is met as follows:
I. 10 CFR 51.22(c)(25)(i): There is no
significant hazards consideration.
Staff Analysis: The criteria for
determining if an exemption involves a
significant hazards consideration are
found in 10 CFR 50.92. The proposed
action involves only a schedule change
regarding the submission of an update
to the application for which the
licensing review is ongoing. Therefore,
there is no significant hazard
consideration because granting the
proposed exemption would not:
(1) Involve a significant increase in
the probability or consequences of an
accident previously evaluated; or
(2) Create the possibility of a new or
different kind of accident from any
accident previously evaluated; or
(3) Involve a significant reduction in
a margin of safety.
II. 10 CFR 51.22(c)(25)(ii): There is no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite.
Staff Analysis: The proposed action
involves only a schedule change, which
is administrative in nature, and does not
involve any changes in the types or
significant increase in the amounts of
effluents that may be released offsite.
III. 10 CFR 51.22(c)(25)(iii): There is
no significant increase in individual or
cumulative public or occupational
radiation exposure.
Staff Analysis: Since the proposed
action involves only a schedule change,
which is administrative in nature, it
does not contribute to any significant
increase in occupational or public
radiation exposure.
IV. 10 CFR 51.22(c)(25)(iv): There is
no significant construction impact.
Staff Analysis: The proposed action
involves only a schedule change, which
is administrative in nature. The NRC
has not granted the COL application,
and the requested exemption will not
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allow construction at the North Anna
site; therefore, the proposed action does
not involve any construction impact.
V. 10 CFR 51.22(c)(25)(v): There is no
significant increase in the potential for
or consequences from radiological
accidents.
Staff Analysis: The proposed action
involves only a schedule change which
is administrative in nature and does not
impact the probability or consequences
of accidents.
VI. 10 CFR 51.22(c)(25)(vi): The
requirements from which this
exemption is sought involve only ‘‘(B)
Reporting requirements’’ or ‘‘(G)
Scheduling requirements.’’
Staff Analysis: The exemption request
involves requirements in both of these
categories because it involves
submitting an updated FSAR by
Dominion, and also relates to the
schedule for submitting FSAR updates
to the NRC.
Accordingly, Dominion’s exemption
requests satisfies the criteria of 10 CFR
51.22(c)(25) for categorical exclusion
from environmental review, and the
granting of this exemption will not have
a significant effect on the quality of the
human environment.
IV. Conclusion
The NRC has determined that,
pursuant to 10 CFR 50.12, the
exemption is authorized by law, will not
present an undue risk to the public
health and safety, and is consistent with
the common defense and security. Also,
special circumstances as described in 10
CFR 50.12(a)(2)(ii) and (v) are present.
Therefore, the NRC hereby grants
Dominion a one-time exemption from
the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the North
Anna, Unit 3, COL application to allow
submission of the next North Anna 3
FSAR update no later than June 30,
2016.
Pursuant to 10 CFR 51.22, the NRC
has determined that the exemption
request meets the applicable categorical
exclusion criteria set forth in 10 CFR
51.22(c)(25), and the granting of this
exemption will not have a significant
effect on the quality of the human
environment.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 20th day
November 2015.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2015–30536 Filed 12–1–15; 8:45 am]
BILLING CODE 7590–01–P
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75483
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2016–20 and CP2016–26;
Order No. 2842]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
the addition of Priority Mail Express &
Priority Mail Contract 22 to the
competitive product list. This notice
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: December 4,
2015.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs
I. Introduction
In accordance with 39 U.S.C. 3642
and 39 CFR 3020.30 et seq., the Postal
Service filed a formal request and
associated supporting information to
add Priority Mail Express & Priority
Mail Contract 22 to the competitive
product list.1
The Postal Service
contemporaneously filed a redacted
contract related to the proposed new
product under 39 U.S.C. 3632(b)(3) and
39 CFR 3015.5. Request, Attachment B.
To support its Request, the Postal
Service filed a copy of the contract, a
copy of the Governors’ Decision
authorizing the product, proposed
changes to the Mail Classification
Schedule, a Statement of Supporting
Justification, a certification of
compliance with 39 U.S.C. 3633(a), and
an application for non-public treatment
of certain materials. It also filed
supporting financial workpapers.
1 Request of the United States Postal Service to
Add Priority Mail Express & Priority Mail Contract
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[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Notices]
[Pages 75480-75483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30536]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-016; NRC-2008-0066]
Dominion Virginia Power Combined License Application for North
Anna, Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in a response to a September 23, 2015, letter from Dominion
Virginia Power (Dominion or applicant), which requested an exemption
from the requirement to submit an annual update of the Final Safety
Analysis Report (FSAR) included in Dominion's Combined License (COL)
application for calendar year 2015. The NRC staff reviewed this request
and determined that it is appropriate to grant the exemption based on
the schedule for completion of the applicant's seismic closure plan
(SCP) submitted on October 22, 2014, which outlined a revised approach
to performing certain aspects of the seismic analysis for the North
Anna 3 COL application (COLA) as well as use of the most current NRC-
approved ground motion model.
DATES: The effective date of the Dominion FSAR exemption issuance is
December 2, 2015.
ADDRESSES: Please refer to Docket ID NRC-2008-0066 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 https://www.regulations.gov and search for Docket ID NRC-2008-0066. 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
[[Page 75481]]
https://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.
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: James Shea, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-1388; email: James.Shea@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By letter dated November 26, 2007 (ADAMS accession number
ML073320913), Dominion submitted its application to the NRC for a COL
to construct and operate a General Electric-Hitachi Economic Simplified
Boiling-Water Reactor (ESBWR) at North Anna Power Station (North Anna),
Unit 3 site pursuant to part 52 of title 10 of the Code of Federal
Regulations (10 CFR), ``Licenses, Certifications, and Approvals for
Nuclear Power Plants.'' By letter dated June 28, 2010, Dominion revised
its application to incorporate by reference the Mitsubishi Heavy
Industries, Ltd. United States-Advanced Pressurized Water Reactor
technology to construct and operate at the North Anna, Unit 3 site.
On August 23, 2011, a 5.8 magnitude earthquake occurred near
Mineral, Virginia, which is approximately 11 miles from the North Anna
Unit 3 site. In view of the earthquake, the NRC staff requested
additional analysis of the proposed reactor design to verify that the
design, if built at the North Anna site, would satisfy the requirements
of 10 CFR part 50, Appendix A, ``General Design Criteria,'' Criterion
2, ``Design Bases for Protection Against Natural Phenomena,'' and 10
CFR part 50, Appendix S, ``Earthquake Engineering Criteria for Nuclear
Power Plants.'' During the applicant's seismic evaluation, the NRC
staff had requests for additional information and had held public
meetings with the applicant to provide staff feedback on the North Anna
3 site seismic analyses.
By letter dated April 25, 2013, Dominion notified the NRC staff
that it planned to revert back to ESBWR reactor technology for its
North Anna Unit 3 COLA. Dominion then submitted a revised application
that incorporated by reference the ESBWR Design Control Document (DCD),
Revision 9, by letter dated December 18, 2013. After meeting with the
NRC staff in 2014 and performing seismic sensitivity analyses, Dominion
modified its site-specific seismic analyses approach intended to
simplify it and make it more consistent with the seismic analyses
presented in the ESBWR DCD. Therefore, in its SCP submitted on October
22, 2014 (ADAMS accession number ML14297A199), Dominion outlined a
schedule for completing all technical reports, analyses, and COLA
changes needed to address seismic issues by December 31, 2015.
II. Request/Action
The regulations specified in 10 CFR 50.71(e)(3)(iii) require that
an applicant for a COL under 10 CFR part 52 shall, during the period
from docketing of a COL application until the NRC makes a finding under
10 CFR 52.103(g) pertaining to facility operation, submit an annual
update to the application's FSAR, which is a part of the application.
Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the
North Anna, Unit 3, COL application FSAR would be due on or before
December 31, 2015. By letter to the NRC dated September 23, 2015,
Dominion requested a one-time exemption from the 10 CFR
50.71(e)(3)(iii) requirement to submit the scheduled 2015 COL
application FSAR update, and proposed a new submission deadline of June
30, 2016, for the next FSAR update (ADAMS Accession Number
ML15268A039). Dominion then proposes to submit the next annual FSAR
update required by 10 CFR 50.71(e)(3) in 2017.
Dominion's requested exemption is a one-time schedule change from
the requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as
requested, would allow Dominion to submit the next FSAR update no later
than June 30, 2016. Dominion states that the FSAR, if submitted as
requested, would include all the FSAR changes based on the Dominion SCP
to allow a more efficient and effective submittal of an updated FSAR
reflecting all changes associated with the site-specific seismic
analyses.
III. Discussion
Pursuant to 10 CFR 50.12, the NRC may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR part 50, including section 50.71(e)(3)(iii)
when: (1) The exemptions are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present.
As relevant to the requested exemption, special circumstances exist if:
(1) ``Application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule or is not necessary
to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); or (2) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation'' (10 CFR
50.12(a)(2)(v)).
The review of the North Anna, Unit 3, ESBWR COL application has
been ongoing since Dominion submitted the revised COL application dated
December 18, 2013. The technical issues currently under consideration
by the NRC staff are primarily associated with the revised North Anna,
Unit 3 seismic analyses, which Dominion has been addressing since it
submitted the revised COL application, as described in detail in the
2014 SCP. According to the SCP, in December 2015, Dominion is scheduled
to submit to the NRC technical reports and COL application markups that
incorporate the results of analyses of seismic design capacities of
certain structures, systems, and components. In addition, during the
week of September 28, 2015, the NRC staff completed an audit associated
with the proposed North Anna, Unit 3 site-specific seismic issues. The
NRC staff plans to conduct a second audit in the first or second
quarter of 2016 relating to the capacities of the systems structures
and components to withstand the site-specific seismic ground motion.
Therefore, the NRC staff may identify additional requests for
information regarding seismic issues in the course of its review
through the end of December 2015; as a result of the technical reports
and COL application markups due to be submitted in December 2015; and
as a result of the second technical audit planned for spring 2016. The
COL application markups due in December 2015, together with any NRC
staff requests for additional information, will likely result in the
need to change the FSAR. These changes could not be completed before
the current FSAR update is due at the end of calendar year 2015.
[[Page 75482]]
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as requested,
would allow Dominion to submit the next North Anna, Unit 3, COL
application FSAR update on or before June 30, 2016, in lieu of the
required scheduled submittal on or before December 31, 2015. As stated
above, 10 CFR 50.12 allows the NRC to grant such an exemption. The NRC
staff has determined that granting Dominion a one-time exemption from
the requirements of 10 CFR 50.71(e)(3)(iii) with updates to the FSAR to
be submitted on or before June 30, 2016, will provide only temporary
relief from this regulation and will not result in a violation of the
Atomic Energy Act of 1954, as amended, or NRC regulations. Therefore,
the exemption is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
a timely and comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
the NRC staff and issuance of the NRC staff's safety evaluation report.
The requested exemption is solely administrative in nature, in that it
pertains to the schedule for submission to the NRC of revisions to an
application under 10 CFR part 52, for which a license has not been
granted. Based on the nature of the requested exemption as described
above, no new accident precursors are created by the exemption; thus,
neither the probability, nor the consequences of postulated accidents
are increased. Therefore, there is no undue risk to public health and
safety.
Consistent With Common Defense and Security
The exemption would allow Dominion to submit the next FSAR update
prior to final North Anna, Unit 3 NRC staff safety evaluation. This
schedule change has no relation to security issues. Therefore, the
common defense and security is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present whenever: (1) Application of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); or (2) The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation (10 CFR
50.12(a)(2)(v)).
The underlying purpose of 10 CFR 50.71(e)(3)(iii) in the context of
a COL application is to provide for a timely and comprehensive update
of the FSAR associated with a COL application in order to support an
effective and efficient review by the NRC staff and issuance of the NRC
staff's safety evaluation report. As discussed above, the requested
one-time exemption is solely administrative in nature, in that it
pertains to a one-time schedule change for submittal of revisions to an
application under 10 CFR part 52, for which a license has not been
granted. In addition, since the remaining review of the application
primarily relates to the issues discussed in the Dominion SCP, there
will not likely be any significant FSAR updates until the elements of
the SCP and the NRC staff seismic audits are completed. Completion of
the SCP (through submission of technical reports and COL application
markups) in December 2015 and the additional information submitted as a
result of NRC staff audits scheduled for spring of 2016 cannot be
reflected in a December 2015 FSAR update, but will be reflected in an
FSAR update scheduled for June 2016. At that time, the revised FSAR
update submitted by Dominion will be reviewed by the NRC to confirm
that COL markups and changes identified in requests for additional
information responses will be reflected in the FSAR prior to completion
of the final North Anna, Unit 3 NRC staff safety evaluation. The
requested one-time exemption would permit Dominion time to submit all
the necessary technical information for NRC staff review and the
updated COL markups associated with the revised North Anna, Unit 3,
seismic analyses in accordance with the submitted Dominion SCP. The NRC
staff has determined that this one-time exemption will support the
staff's effective and efficient review of the COL application, as well
as issuance of the safety evaluation report, and, therefore, submission
of an FSAR update in December 2015 is not necessary to achieve the
underlying purpose of 10 CFR 50.71(e)(3)(iii). Accordingly, the NRC
staff finds that special circumstances are present under 10 CFR
50.12(a)(2)(ii) in connection with Dominion's requested exemption.
Further, the NRC staff finds that granting a one-time exemption
from 10 CFR 50.71(e)(3)(iii) would provide only temporary relief, since
Dominion would update the FSAR in June 2016. The 2014 Dominion SCP
outlined the approach to meet NRC regulatory requirements and address
requests for additional information as a result of NRC staff technical
review. Under the Dominion SCP for the proposed North Anna, Unit 3,
technical reports and analyses have been submitted as they have been
completed to date, and two sets of COLA markups (the first revising
geotechnical information and the second incorporating the results of
soil-structure interaction analyses, structure-soil-structure
interaction analyses, and stability analyses) have been completed and
submitted for NRC staff review. As described in the Dominion SCP, the
last technical reports and a third set of COLA markups, which
incorporate the results of the analyses of the design capacities of
certain structures, systems, and components (SSCs), are scheduled in
the SCP to be submitted in December 2015. Accordingly, the NRC staff
finds that Dominion has made good faith efforts to comply with the
regulation, and the special circumstances defined by 10 CFR
50.12(a)(2)(v) are present.
Therefore, the special circumstances required by 10 CFR 50.12(a)(2)
for the granting of an exemption from 10 CFR 50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion From Environmental Review
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25). Under 10 CFR 51.22(c)(25), granting of an exemption from
the requirements of any regulation of 10 CFR Chapter 1 (which includes
10 CFR 50.71(e)(3)(iii)) is an action that is a categorical exclusion,
provided that:
(i) There is no significant hazards consideration;
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
(iv) There is no significant construction impact;
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
(vi) The requirements from which an exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance requirements;
(D) Equipment servicing or maintenance scheduling requirements;
[[Page 75483]]
(E) Education, training, experience, qualification, requalification
or other employment suitability requirements;
(F) Safeguard plans, and materials control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity requirements; or
(I) Other requirements of an administrative, managerial, or
organizational nature.
The requirements from which this exemption is sought involve only
``(B) Reporting requirements'' or ``(G) Scheduling requirements'' of
those required by 10 CFR 51.22(c)(25)(vi).
The NRC staff's determination that each of the applicable criteria
for this categorical exclusion is met as follows:
I. 10 CFR 51.22(c)(25)(i): There is no significant hazards
consideration.
Staff Analysis: The criteria for determining if an exemption
involves a significant hazards consideration are found in 10 CFR 50.92.
The proposed action involves only a schedule change regarding the
submission of an update to the application for which the licensing
review is ongoing. Therefore, there is no significant hazard
consideration because granting the proposed exemption would not:
(1) Involve a significant increase in the probability or
consequences of an accident previously evaluated; or
(2) Create the possibility of a new or different kind of accident
from any accident previously evaluated; or
(3) Involve a significant reduction in a margin of safety.
II. 10 CFR 51.22(c)(25)(ii): There is no significant change in the
types or significant increase in the amounts of any effluents that may
be released offsite.
Staff Analysis: The proposed action involves only a schedule
change, which is administrative in nature, and does not involve any
changes in the types or significant increase in the amounts of
effluents that may be released offsite.
III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in
individual or cumulative public or occupational radiation exposure.
Staff Analysis: Since the proposed action involves only a schedule
change, which is administrative in nature, it does not contribute to
any significant increase in occupational or public radiation exposure.
IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction
impact.
Staff Analysis: The proposed action involves only a schedule
change, which is administrative in nature. The NRC has not granted the
COL application, and the requested exemption will not allow
construction at the North Anna site; therefore, the proposed action
does not involve any construction impact.
V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the
potential for or consequences from radiological accidents.
Staff Analysis: The proposed action involves only a schedule change
which is administrative in nature and does not impact the probability
or consequences of accidents.
VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this
exemption is sought involve only ``(B) Reporting requirements'' or
``(G) Scheduling requirements.''
Staff Analysis: The exemption request involves requirements in both
of these categories because it involves submitting an updated FSAR by
Dominion, and also relates to the schedule for submitting FSAR updates
to the NRC.
Accordingly, Dominion's exemption requests satisfies the criteria
of 10 CFR 51.22(c)(25) for categorical exclusion from environmental
review, and the granting of this exemption will not have a significant
effect on the quality of the human environment.
IV. Conclusion
The NRC has determined that, pursuant to 10 CFR 50.12, the
exemption is authorized by law, will not present an undue risk to the
public health and safety, and is consistent with the common defense and
security. Also, special circumstances as described in 10 CFR
50.12(a)(2)(ii) and (v) are present. Therefore, the NRC hereby grants
Dominion a one-time exemption from the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the North Anna, Unit 3, COL application
to allow submission of the next North Anna 3 FSAR update no later than
June 30, 2016.
Pursuant to 10 CFR 51.22, the NRC has determined that the exemption
request meets the applicable categorical exclusion criteria set forth
in 10 CFR 51.22(c)(25), and the granting of this exemption will not
have a significant effect on the quality of the human environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 20th day November 2015.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2015-30536 Filed 12-1-15; 8:45 am]
BILLING CODE 7590-01-P
