Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Company; Addition of Instruments to Design Reliability Assurance Program (D-RAP), 11295-11296 [2016-04754]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11295-11296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04754]


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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; Addition of Instruments to Design 
Reliability Assurance Program (D-RAP)

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an 
exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and is issuing 
License Amendment No. 43 to Combined Licenses (COLs), NPF-91 and NPF-
92. The COLs were issued to Southern Nuclear Operating Company, Inc., 
(SNC), Georgia Power Company, Oglethorpe Power Corporation, MEAG Power 
SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City 
of Dalton, Georgia (together ``the licensee''); for construction and 
operation of the Vogtle Electric Generating Plant (VEGP) Units 3 and 4, 
located in Burke County, Georgia.
    The granting of the exemption allows the changes to Tier 1 
information 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: March 3, 2016.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at 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 letter dated 
October 7, 2014 (ADAMS Accession No. ML14280A391) and supplemented by 
letter dated September 4, 2015 (ADAMS Accession No. ML15247A515).
     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 C. Reyes, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-3249; email: Ruth.Reyes@nrc.gov.

SUPPLEMENTARY INFORMATION:

[[Page 11296]]

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. 43 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 sought a change to the feedwater controller 
program so it will respond as required to plant transients while 
minimizing the potential for actuation when it is not desirable.
    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. ML15258A559.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VEGP Units 3 and 4 
(COLs NPF-91 and NPF-92). The exemption documents for VEGP Units 3 and 
4 can be found in ADAMS under Accession Nos. ML15258A536 and 
ML15258A550, respectively. The exemption is reproduced (with the 
exception of abbreviated titles and additional citations) in Section II 
of this document. The amendment documents for COLs NPF-91 and NPF-92 
are available in ADAMS under Accession Nos. ML15258A479 and 
ML15258A530, 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 Vogtle Units 3 
and 4. It makes reference to the combined safety evaluation that 
provides the reasoning for the findings made by the NRC (and listed 
under Item 1) in order to grant the exemption:
    1. In a letter dated October 7, 2014, and supplemented by letter 
dated September 4, 2015, the licensee requested from the Commission an 
exemption to allow departures from Tier 1 information in the certified 
DCD incorporated by reference in 10 CFR part 52, appendix D as part of 
license amendment request 14-006, ``Addition of Instruments to Design 
Reliability Assurance Program (D-RAP).''
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation that supports this license amendment, which can be found at 
ADAMS Accession No. ML15258A559, the Commission finds that:
    A. The exemption is authorized by law;
    B. the exemption presents no undue risk to public health and 
safety;
    C. the exemption is consistent with the common defense and 
security;
    D. special circumstances are present in that the application of the 
rule in this circumstance is not necessary to serve the underlying 
purpose of the rule;
    E. the special circumstances outweigh any decrease in safety that 
may result from the reduction in standardization caused by the 
exemption; and
    F. the exemption will not result in a significant decrease in the 
level of safety otherwise provided by the design.
    2. Accordingly, the licensee is granted an exemption from the 
certified DCD Tier 1, as described in the licensee's request dated 
October 7, 2014, and supplemented by letter dated September 4, 2015. 
This exemption is related to, and necessary for, the granting of 
License Amendment No. 43, which is being issued concurrently with this 
exemption.
    3. As explained in Section 5.0 of the NRC staff's Safety Evaluation 
that supports this license amendment (ADAMS Accession No. ML15258A559), 
this exemption meets the eligibility criteria for categorical exclusion 
set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 
51.22(b), no environmental impact statement or environmental assessment 
needs to be prepared in connection with the issuance of the exemption.
    4. This exemption is effective as of the date of its issuance.

III. License Amendment Request

    By letter dated October 7, 2014, and supplemented by letter dated 
September 4, 2015, the licensee requested that the NRC amend the COLs 
for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The proposed amendment 
is described in Section I, 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 July 7, 2015 (80 FR 38761). The September 4, 2015, 
supplement had no effect on the no significant hazards consideration 
determination, and no comments were received during the 30-day comment 
period.
    The Commission has determined that these amendments satisfy the 
criteria for categorical exclusion in accordance with 10 CFR 51.22. 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment need be prepared for these 
amendments.

IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the 
staff granted the exemption and issued the amendment that the licensee 
requested on October 7, 2014, as supplemented by letter dated September 
4, 2015. The exemption and amendment were issued on January 12, 2016 as 
part of a combined package to the licensee (ADAMS Accession No. 
ML15258A465).

    Dated at Rockville, Maryland, this 25th day of February 2016.

    For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2016-04754 Filed 3-2-16; 8:45 am]
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