Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company, 76330-76332 [2015-30879]

Download as PDF 76330 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0 ........................ Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ...................... 60 ...................... 20 ...................... 25 ...................... 30 ...................... 40 ...................... A ....................... A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. [FR Doc. 2015–30154 Filed 12–7–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–027 and 52–028; NRC– 2008–0441] Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company 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 issuing License Amendment No. 35 to Combined Licenses (COL), NPF–93 and NPF–94. The COLs were issued to South Carolina Electric & Gas Company (SCE&G), and South Carolina Public Service Authority (the licensee), for construction and operation of the Virgil C. Summer Nuclear Station (VCSNS), Lhorne on DSK9F6TC42PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:17 Dec 07, 2015 Jkt 238001 Units 2 and 3 located in Fairfield County, South Carolina. The granting of the exemption allows the changes to Tier 1 information requested in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently. DATES: December 8, 2015. ADDRESSES: Please refer to Docket ID NRC–2008–0441 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–2008–0441. 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- PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 available documents online in the ADAMS Public Documents collection at 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 (if it is available in ADAMS) is provided the first time that a document is referenced. The request for the amendment and exemption was submitted by the letter dated December 4, 2014 (ADAMS Accession No. ML14339A637). The licensee supplemented this request by letters dated July 23 and August 27, 2015 (ADAMS Accession Nos. ML15204A845 and ML15239A814, respectively). • 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: Ruth Reyes, Office of New Reactors, U.S. Nuclear Regulatory Commission, E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices Washington, DC 20555–0001; telephone: 301–415–3249; email: Ruth.Reyes@ nrc.gov. SUPPLEMENTARY INFORMATION: Lhorne on DSK9F6TC42PROD with NOTICES I. Introduction The NRC is granting an exemption from Tier 1 information in the certified DCD incorporated by reference in part 52 of title 10 of the Code of Federal Regulations (10 CFR), appendix D, ‘‘Design Certification Rule for the AP1000 Design,’’ and issuing License Amendment No. 35 to COLs, NPF–93 and NPF–94, to the licensee. The exemption is required by Paragraph A.4 of Section VIII, ‘‘Processes for Changes and Departures,’’ Appendix D to 10 CFR part 52 to allow the licensee to depart from Tier 1 information. With the requested amendment, the licensee sought proposed changes related to the structure and layout of various areas of the annex building. The proposed changes to Tier 2 information in the VCSNS Units 2 and 3 Updated Final Safety Analysis Report (UFSAR), plantspecific Tier 1 information, and corresponding COL appendix C information would allow: (1) Installation of an additional nonsafety-related battery; (2) Revision to the annex building internal configuration by converting a shift turnover room to a battery room, adding an additional battery equipment room, and moving a fire area wall; (3) Increase in the height of a room in the annex building; and (4) Increase in thicknesses of certain annex building floor slabs. Part of the justification for granting the exemption was provided by the review of the amendment. Because the exemption is necessary in order to issue the requested license amendment, the NRC granted the exemption and issued the amendment concurrently, rather than in sequence. This included issuing a combined safety evaluation containing the NRC staff’s review of both the exemption request and the license amendment. The exemption met all applicable regulatory criteria set forth in 10 CFR 50.12, 10 CFR 52.7, and 10 CFR 52.63(b)(1). The license amendment was found to be acceptable as well. The combined safety evaluation is available in ADAMS under Accession No. ML15254A216. Identical exemption documents (except for referenced unit numbers and license numbers) were issued to the licensee for VCSNS Units 2 and 3 (COLs NPF–93 and NPF–94). These documents can be found in ADAMS under Accession Nos. ML15254A203 and ML15254A207, respectively. The VerDate Sep<11>2014 14:17 Dec 07, 2015 Jkt 238001 exemption is reproduced (with the exception of abbreviated titles and additional citations) in Section II of this document. The amendment documents for COLs NPF–93 and NPF–94 are available in ADAMS under Accession Nos. ML15254A197 and ML15254A200, 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 VCSNS, Units 2 and 3. 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 4, 2014, and supplemented by letters dated July 23 and August 27, 2015, South Carolina Electric & Gas Company (licensee) requested from the Nuclear Regulatory Commission (Commission) an exemption to allow departures from Tier 1 information in the certified Design Control Document (DCD) incorporated by reference in 10 CFR part 52, Appendix D, ‘‘Design Certification Rule for the AP1000 Design,’’ as part of license amendment request (LAR) 13– 22, ‘‘Annex Building Structure and Layout Changes.’’ For the reasons set forth in Section 3.1 of the NRC staff’s Safety Evaluation, which can be found in ADAMS under Accession No. ML15254A216, 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 DCD Tier 1 Table 3.3–1 and Figure 3.3– 11A, as described in the licensee’s request dated December 4, 2014, and supplemented by letters dated July 23 and August 27, 2015. This exemption is related to, and necessary for the granting of License Amendment No. 35, which is being issued concurrently with this exemption. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 76331 3. As explained in Section 5.0 of the NRC staff’s Safety Evaluation (ADAMS Accession No. ML15254A216), this exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption. 4. This exemption is effective as of the date of its issuance. III. License Amendment Request The request for the amendment and exemption was submitted by the letter dated December 4, 2014. The licensee supplemented this request by the letters dated July 23 and August 27, 2015. The proposed amendment is described in Section I, above. The Commission has determined for these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR chapter I, which are set forth in the license amendment. A notice of consideration of issuance of amendment to facility operating license or combined license, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register on March 31, 2015 (80 FR 17093). No comments were received during the 30day comment period. The NRC staff has found that the amendment involves no significant hazards consideration. The Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. 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 on December 4, 2014, and supplemented by the letters dated July 23 and August 27, 2015. The exemption and amendment were issued on October 22, 2015, as part of a combined package to the licensee (ADAMS Accession No. ML15254A194). Dated at Rockville, Maryland, this 30th day of November 2015. E:\FR\FM\08DEN1.SGM 08DEN1 76332 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices For the Nuclear Regulatory Commission. Lawrence Burkhart, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. Management, 1900 E St. NW., Suite 5H35, Washington, DC 20415. Phone (202) 606–0020 FAX (202) 606–6012 or email at sharon.wong@opm.gov. [FR Doc. 2015–30879 Filed 12–7–15; 8:45 am] U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. BILLING CODE 7590–01–P [FR Doc. 2015–30833 Filed 12–7–15; 8:45 am] OFFICE OF PERSONNEL MANAGEMENT BILLING CODE 6820–B2–P Notice of Meeting of the Hispanic Council on Federal Employment SECURITIES AND EXCHANGE COMMISSION U.S. Office of Personnel Management. ACTION: December 10, 2015 Council Meeting. AGENCY: The Hispanic Council on Federal Employment (Council) meeting will be held on Thursday, December 10, 2015 at the location shown below from 1:30 p.m. to 3:00 p.m. The Council is an advisory committee composed of representatives from Hispanic organizations and senior government officials. Along with its other responsibilities, the Council shall advise the Director of the Office of Personnel Management on matters involving the recruitment, hiring, and advancement of Hispanics in the Federal workforce. The Council is cochaired by the Director of the Office of Personnel Management and the Chair of the National Hispanic Leadership Agenda (NHLA). The meeting is open to the public. Please contact the Office of Personnel Management at the address shown below if you wish to present material to the Council at any of the meetings. The manner and time prescribed for presentations may be limited, depending upon the number of parties that express interest in presenting information. SUMMARY: U.S. Office of Personnel Management, 1900 E St. NW., Executive Conference Room, 5th Floor, Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: Sharon Wong, Deputy Director, Policy & Coordination for the Office of Diversity and Inclusion, Office of Personnel ADDRESSES: Investment Advisers Act of 1940, Release No. 4285/December 2, 2015; Notice of Intention To Cancel Registrations of Certain Investment Advisers Pursuant to Section 203(H) of the Investment Advisers Act of 1940 Notice is given that the Securities and Exchange Commission (the ‘‘Commission’’) intends to issue an order or orders, pursuant to Section 203(h) of the Investment Advisers Act of 1940 (the ‘‘Act’’), cancelling the registrations of the investment advisers whose names appear in the attached Appendix, hereinafter referred to as the registrants. Section 203(h) of the Act provides, in pertinent part, that if the Commission finds that any person registered under Section 203, or who has pending an application for registration filed under that section, is no longer in existence, is not engaged in business as an investment adviser, or is prohibited from registering as an investment adviser under section 203A, the Commission shall by order, cancel the registration of such person. The registrants listed in the Appendix either have not filed a Form ADV amendment with the Commission as required by rule 204–1 under the Act and appear to be no longer in business as investment advisers, or have indicated on Form ADV that they are no longer eligible to remain registered with the Commission as investment advisers but have not filed Form ADV–W to withdraw their registration. Accordingly, the Commission believes that reasonable grounds exist for a finding that these registrants are no longer in existence, are not engaged in business as investment advisers, or are prohibited from registering as investment advisers under section 203A of the Act, and that their registrations should be cancelled pursuant to section 203(h) of the Act. Notice is also given that any interested person may, by Monday, December 28, 2015, at 5:30 p.m., submit to the Commission in writing a request for a hearing on the cancellation of a registrant, accompanied by a statement as to the nature of the writer’s interest, the reason for such request, and the issues, if any, of fact or law proposed to be controverted, and the writer may request to be notified if the Commission should order a hearing thereon. Any such communication should be addressed: Secretary, Securities and Exchange Commission, Washington, DC 20549. At any time after Monday, December 28, 2015, the Commission may issue an order or orders cancelling the registrations of any or all of the registrants listed in the Appendix, upon the basis of the information stated above, unless an order or orders for a hearing on the cancellation shall be issued upon request or upon the Commission’s own motion. Persons who requested a hearing, or to be advised as to whether a hearing is ordered, will receive any notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof. Any adviser whose registration is cancelled under delegated authority may appeal that decision directly to the Commission in accordance with rules 430 and 431 of the Commission’s rules of practice (17 CFR 201.430 and 431). For further information contact: Jamie Lynn Walter, Senior Counsel at 202– 551–6999 (Division of Investment Management, Office of Investment Adviser Regulation). For the Commission, by the Division of Investment Management, pursuant to delegated authority.1 Robert W. Errett, Deputy Secretary. Lhorne on DSK9F6TC42PROD with NOTICES APPENDIX 801–72059 ...................................... 801–9488 ........................................ 801–71810 ...................................... 801–69144 ...................................... 801–70781 ...................................... 801–70401 ...................................... 801–70533 ...................................... 801–71189 ...................................... 1 17 SOLOMON HENDRIX & CO. MAURY WADE & COMPANY. BISHOP ASSET MANAGEMENT, LLC. SAFE HAVEN ADVISORS, INC WANGER OMNIWEALTH, LLC. MIDWEST MORTGAGE ANALYTICS. ALPHAMETRIX, LLC. MORGAN FINCH, LLC. CFR 200.30–5(e)(2). VerDate Sep<11>2014 14:17 Dec 07, 2015 Jkt 238001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Pages 76330-76332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30879]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-027 and 52-028; NRC-2008-0441]


Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina 
Electric & Gas Company

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 issuing License 
Amendment No. 35 to Combined Licenses (COL), NPF-93 and NPF-94. The 
COLs were issued to South Carolina Electric & Gas Company (SCE&G), and 
South Carolina Public Service Authority (the licensee), for 
construction and operation of the Virgil C. Summer Nuclear Station 
(VCSNS), Units 2 and 3 located in Fairfield County, South Carolina.
    The granting of the exemption allows the changes to Tier 1 
information requested in the amendment. Because the acceptability of 
the exemption was determined in part by the acceptability of the 
amendment, the exemption and amendment are being issued concurrently.

DATES: December 8, 2015.

ADDRESSES: Please refer to Docket ID NRC-2008-0441 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-2008-0441. 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 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 (if it is available 
in ADAMS) is provided the first time that a document is referenced. The 
request for the amendment and exemption was submitted by the letter 
dated December 4, 2014 (ADAMS Accession No. ML14339A637). The licensee 
supplemented this request by letters dated July 23 and August 27, 2015 
(ADAMS Accession Nos. ML15204A845 and ML15239A814, respectively).
     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: Ruth Reyes, Office of New Reactors, 
U.S. Nuclear Regulatory Commission,

[[Page 76331]]

Washington, DC 20555-0001; telephone: 301-415-3249; email: 
Ruth.Reyes@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is granting an exemption from Tier 1 information in the 
certified DCD incorporated by reference in part 52 of title 10 of the 
Code of Federal Regulations (10 CFR), appendix D, ``Design 
Certification Rule for the AP1000 Design,'' and issuing License 
Amendment No. 35 to COLs, NPF-93 and NPF-94, to the licensee. The 
exemption is required by Paragraph A.4 of Section VIII, ``Processes for 
Changes and Departures,'' Appendix D to 10 CFR part 52 to allow the 
licensee to depart from Tier 1 information. With the requested 
amendment, the licensee sought proposed changes related to the 
structure and layout of various areas of the annex building. The 
proposed changes to Tier 2 information in the VCSNS Units 2 and 3 
Updated Final Safety Analysis Report (UFSAR), plant-specific Tier 1 
information, and corresponding COL appendix C information would allow:
    (1) Installation of an additional non-safety-related battery;
    (2) Revision to the annex building internal configuration by 
converting a shift turnover room to a battery room, adding an 
additional battery equipment room, and moving a fire area wall;
    (3) Increase in the height of a room in the annex building; and
    (4) Increase in thicknesses of certain annex building floor slabs.
    Part of the justification for granting the exemption was provided 
by the review of the amendment. Because the exemption is necessary in 
order to issue the requested license amendment, the NRC granted the 
exemption and issued the amendment concurrently, rather than in 
sequence. This included issuing a combined safety evaluation containing 
the NRC staff's review of both the exemption request and the license 
amendment. The exemption met all applicable regulatory criteria set 
forth in 10 CFR 50.12, 10 CFR 52.7, and 10 CFR 52.63(b)(1). The license 
amendment was found to be acceptable as well. The combined safety 
evaluation is available in ADAMS under Accession No. ML15254A216.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VCSNS Units 2 and 
3 (COLs NPF-93 and NPF-94). These documents can be found in ADAMS under 
Accession Nos. ML15254A203 and ML15254A207, 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-93 and NPF-94 are available in ADAMS under Accession Nos. 
ML15254A197 and ML15254A200, 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 VCSNS, Units 2 
and 3. 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 4, 2014, and supplemented by letters 
dated July 23 and August 27, 2015, South Carolina Electric & Gas 
Company (licensee) requested from the Nuclear Regulatory Commission 
(Commission) an exemption to allow departures from Tier 1 information 
in the certified Design Control Document (DCD) incorporated by 
reference in 10 CFR part 52, Appendix D, ``Design Certification Rule 
for the AP1000 Design,'' as part of license amendment request (LAR) 13-
22, ``Annex Building Structure and Layout Changes.''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation, which can be found in ADAMS under Accession No. 
ML15254A216, 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 DCD Tier 1 Table 3.3-1 and Figure 3.3-
11A, as described in the licensee's request dated December 4, 2014, and 
supplemented by letters dated July 23 and August 27, 2015. This 
exemption is related to, and necessary for the granting of License 
Amendment No. 35, which is being issued concurrently with this 
exemption.
    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation 
(ADAMS Accession No. ML15254A216), this exemption meets the eligibility 
criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment needs to be prepared in 
connection with the issuance of the exemption.
    4. This exemption is effective as of the date of its issuance.

III. License Amendment Request

    The request for the amendment and exemption was submitted by the 
letter dated December 4, 2014. The licensee supplemented this request 
by the letters dated July 23 and August 27, 2015. The proposed 
amendment is described in Section I, above.
    The Commission has determined for these amendments that the 
application complies with the standards and requirements of the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's rules 
and regulations. The Commission has made appropriate findings as 
required by the Act and the Commission's rules and regulations in 10 
CFR chapter I, which are set forth in the license amendment.
    A notice of consideration of issuance of amendment to facility 
operating license or combined license, as applicable, proposed no 
significant hazards consideration determination, and opportunity for a 
hearing in connection with these actions, was published in the Federal 
Register on March 31, 2015 (80 FR 17093). No comments were received 
during the 30-day comment period.
    The NRC staff has found that the amendment involves no significant 
hazards consideration. The Commission has determined that these 
amendments satisfy the criteria for categorical exclusion in accordance 
with 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared for these amendments.

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 on December 4, 2014, and supplemented by the letters dated 
July 23 and August 27, 2015. The exemption and amendment were issued on 
October 22, 2015, as part of a combined package to the licensee (ADAMS 
Accession No. ML15254A194).

    Dated at Rockville, Maryland, this 30th day of November 2015.


[[Page 76332]]


    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2015-30879 Filed 12-7-15; 8:45 am]
BILLING CODE 7590-01-P
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