Southern Nuclear Operating Company Inc; Vogtle Electric Generating Plant Units 3 and 4, 27364-27367 [2019-12375]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27364-27367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12375]


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NUCLEAR REGULATORY COMMISSION

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


Southern Nuclear Operating Company Inc; Vogtle Electric 
Generating Plant Units 3 and 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a December 6, 2018, request from Southern 
Nuclear Operating Company, Inc. (SNC), as applicable to Vogtle Electric 
Generating Plant (VEGP) Units 3 and 4. Specifically, SNC requested an 
exemption that would modify the requirement for individuals who 
construct or direct the construction of safety- or security-related 
structures, systems, and components (SSCs) to be

[[Page 27365]]

subject to a fitness-for-duty (FFD) program at nuclear power reactors 
under construction.

DATES: This exemption was issued on June 12, 2019.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. 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 ``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 [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document. The request for the 
exemption was submitted by letter dated December 6, 2018, and available 
in ADAMS under Accession No. ML18340A280.
     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: Donald Habib, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-1035; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Southern Nuclear Operating Company, Inc., Georgia Power Company, 
Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, 
LLC, MEAG Power SPVP, LLC, and the City of Dalton, Georgia 
(collectively SNC) are the holders of facility Combined License (COL) 
Nos. NFP-91 and NPF-92, which authorize the construction and operation 
of VEGP Units 3 and 4. The COLs, issued under part 52 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Licenses, Certifications, 
and Approvals for Nuclear Power Plants,'' provide, among other things, 
that the facilities are subject to all rules, regulations, and orders 
of the NRC or the Commission now or hereafter in effect. The facilities 
consist of two AP1000 pressurized-water reactors located in Burke 
County, Georgia.
    Because the Commission has not made the finding under section 
52.103(g) for VEGP Units 3 and 4, 10 CFR 26.3(c) requires, in part, 
before the receipt of special nuclear material (SNM) in the form of 
fuel assemblies, that SNC comply with the requirements of 10 CFR part 
26, ``Fitness for Duty Programs,'' except for subpart I, ``Managing 
Fatigue,'' and, no later than the receipt of SNM in the form of fuel 
assemblies, that SNC implement a 10 CFR part 26 program. Section 
26.4(f) of 10 CFR requires, for VEGP Units 3 and 4, that any individual 
who is constructing or directing the construction of safety- or 
security-related SSCs shall be subject to an FFD program that meets the 
requirements of 10 CFR part 26, subpart K, ``FFD Program for 
Construction.''

II. Request/Action

    Pursuant to 10 CFR 26.9, ``Specific exemptions,'' SNC requested, by 
letter dated December 6, 2018 (ADAMS Accession No. ML18340A280), and by 
a supplement dated March 8, 2019 (ADAMS Accession No. ML19067A173), an 
exemption from the requirements of 10 CFR 26.4(f), as applicable to 
VEGP Units 3 and 4. Specifically, SNC requested an exemption that would 
modify the requirement for a limited number of individuals who are 
needed for a short period of time (30 days or fewer in a 60-day period) 
to construct or direct the construction of safety- or security-related 
SSCs such that those individuals would be allowed to come onsite under 
escort prior to the establishment of an operational protected area or 
the 10 CFR 52.103(g) finding. The exemption for VEGP Unit 3 would 
expire when a protected area is established for VEGP Unit 3, and the 
exemption for VEGP Unit 4 would expire when a protected area is 
established for VEGP Unit 4.

III. Discussion

    Pursuant to 10 CFR 26.9, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 26 when the exemptions (1) are 
authorized by law, (2) will not endanger life or property, (3) will not 
endanger the common defense and security, and (4) are in the public 
interest.
    1. The exemption is authorized by law.
    The regulation in 10 CFR 26.9 states, in part, that upon 
application of any interested person or on its own initiative, the 
Commission may grant such exemptions from the requirements of the 
regulations in 10 CFR part 26 as it determines are authorized by law. 
The NRC staff has determined that granting SNC's proposed exemption 
will not result in a violation of the Atomic Energy Act of 1954, as 
amended, the Energy Reorganization Act of 1979, as amended, or the 
Commission's regulations. Therefore, this exemption is authorized by 
law.
    2. The exemption will not endanger life or property.
    The exemption from the 10 CFR 26.4(f) requirement would allow SNC 
to construct or direct the construction of safety- or security-related 
SSCs at VEGP Units 3 and 4 using individuals who would not be subject 
to a 10 CFR part 26 FFD program, but who would be under direct 
observation of an escort. Because the exemption only enables the 
escorting of construction workers, the exemption does not, in part, 
change any SSC, any existing natural or man-made geological/biological 
feature, or other material property on the construction site nor does 
the exemption introduce any new industrial, chemical, or radiological 
hazard that would present itself as a latent or apparent adverse effect 
on life or property. The exemption also does not request any relaxation 
in work controls, processes, quality assurance, quality verification, 
or the training, qualification, and personal injury protections 
afforded to individuals constructing or directing the construction of 
safety- or security-related SSCs.
    To provide assurance that individuals who are escorted and 
construct or direct the construction of safety- or security-related 
SSCs only perform assigned duties and responsibilities, SNC stated that 
the escorts will be trained, in part, to: Stop work if the escort 
identifies conditions that adversely affect a safety- or security-
related SSC; immediately communicate with security if a problem arises; 
maintain control of their construction workers under escort; and 
observe workers for unsafe and improper actions and for aberrant 
behavior. The escorts will also be trained in behavioral observation 
techniques. SNC also stated that construction workers who are escorted 
will be escorted for a limited period of time (30 days or fewer in a 
60-day

[[Page 27366]]

period) and if this SNC-proposed administrative limit will be exceeded, 
SNC would remove the construction worker from the escort program and 
place him/her in the FFD program.
    Consequently, the exemption does not endanger life or property 
principally because SNC's proposal would not result in a change that 
diminishes the personal safety protections provided to individuals on 
the construction site and would not result in a physical or material 
condition detrimental to the use or value of property. This occurs 
because the exemption is administrative and SNC has stated that 
construction workers will be escorted by individuals who are subject to 
the FFD program, trained, and empowered to ensure that individuals 
performing activities that would otherwise subject them to 10 CFR 
26.4(f) follow SNC-established work processes and do not demonstrate 
physical and mental impairment that could adversely affect their 
ability to safely and competently perform their duties. This provides 
assurance that VEGP Units 3 and 4 will continue to be constructed, 
inspected, tested, accepted, maintained, and ultimately operated in 
accordance with applicable requirements by individuals who can safely 
and competently perform assigned duties and responsibilities. 
Accordingly, the exemption will not endanger life or property.
    3. The exemption will not endanger the common defense and security.
    The exemption from the 10 CFR 26.4(f) requirement would allow SNC 
to construct VEGP Units 3 and 4 using individuals who are not subject 
to a 10 CFR part 26 FFD program, but who would be under direct 
observation of an escort who is trained and empowered to ensure that 
individuals performing 10 CFR 26.4(f) duties and responsibilities 
follow SNC-established work processes and are not afforded unauthorized 
access to sensitive information. The exemption would not remove or 
relax any requirement for the design, construction, inspection, test, 
acceptance, maintenance, or operation of a physical protection system 
which will have capabilities for the protection of SNM at this fixed 
site and in transit or any safeguards system designed to protect 
against acts of radiological sabotage, nor will the exemption relax the 
safeguarding of sensitive information.
    The implementation of the SNC escort program would not endanger the 
common defense and security principally because SNC's proposal would 
not result in a change that diminishes the physical protection plans, 
policies, procedures, or security related SSCs or programs at the site. 
This occurs because, under the SNC-proposed exemption, SNC will 
establish procedures that will require escorts to be trained and 
empowered to ensure that individuals performing 10 CFR 26.4(f) duties 
and responsibilities are acting in accordance with SNC-established work 
processes and do not demonstrate characteristics of an insider threat. 
Such a threat could be an individual who possesses both intent and 
access to sensitive information or SSCs, to aid or cause an attack, 
condition, or theft inimical to public health and safety or the common 
defense and security. Accordingly, the exemption will not endanger the 
common defense and security.
    4. The exemption is otherwise in the public interest.
    In a letter dated December 6, 2018, SNC stated, in part, that 
requiring all individuals who perform 10 CFR 26.4(f) duties and 
responsibilities to be subject to a 10 CFR part 26, subpart K, FFD 
program prior to the 10 CFR 52.103(g) finding is costly and an 
unnecessary burden. As supplemented by a letter dated March 8, 2019, 
SNC stated that the exemption would result in a schedule benefit 
because individuals would be immediately available to perform emergent 
work activities ``directly related to construction critical path . . . 
which would allow the licensee to bring the unit online earlier, 
resulting in reduced construction costs . . .'' Furthermore, SNC stated 
that there would be a reduction in burden because the exemption would 
increase flexibility in the manner in which workers can be brought 
onsite during emergent construction activities.
    The NRC staff finds that it is in the public's interest that SNC be 
allowed to escort certain individuals who direct or perform 10 CFR 
26.4(f) duties and responsibilities because the SNC-proposed exemption 
has a direct nexus to improved flexibility in construction scheduling, 
work planning, and conduct of construction activities. This occurs 
because the exemption would enable SNC to implement process and 
procedural changes in a manner that leverages immediately available 
construction workers for short duration construction activities without 
a reduction in the assurance of public health and safety or the common 
defense and security because of the SNC-proposed administrative 
controls for its escort program. This flexibility could enable SNC to 
implement methods to use public finances more effectively and 
efficiently to construct the facility while meeting licensing and 
regulatory requirements. For these reasons, the exemption is in the 
public interest.
    5. Environmental Considerations.
    The NRC staff determined that the exemption discussed herein meets 
the eligibility criteria for the categorical exclusion set forth 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 chapter I of 10 CFR 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 certain categories of requirements, such as administrative and 
managerial requirements.
    As required by 10 CFR 51.22(c)(25)(i), and using the criteria set 
out in 10 CFR 50.92(c), the NRC staff reviewed whether the exemption 
request involves no significant hazards consideration.
    (1) Does the requested exemption involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    The proposed exemption from the requirements of 10 CFR 26.4(f) 
would allow SNC to use escorted construction workers to construct or 
direct the construction of safety- or security-related SSCs. The 
requested exemption does not alter the design, function, or operation 
of any plant equipment. Therefore, granting this exemption would not 
involve a significant increase in the probability or consequences of an 
accident previously evaluated.
    (2) Does the requested exemption create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    The requested exemption does not alter the design, function, or 
operation of any plant equipment. The requested exemption does not 
create any new failure mechanisms, malfunctions, or accident 
initiators. Therefore, granting this exemption does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    (3) Does the requested exemption involve a significant reduction in 
a margin of safety?
    The requested exemption does not affect an SSC, SSC design 
function, or method of performing or controlling a

[[Page 27367]]

design function. Construction FFD requirements are not related to or 
used to establish the design bases of an SSC nor are they considered in 
the safety analyses. Furthermore, the requested exemption does not 
exceed or alter a design basis or safety limit. Therefore, granting 
this exemption does not involve a significant reduction in a margin of 
safety.
    As all of the responses to the above questions are in the negative, 
under 10 CFR 51.22(c)(25)(i), the NRC staff has concluded that the 
requested exemption involves no significant hazards consideration.
    To grant the exemption, the requested exemption must not involve a 
significant change in the types or significant increase in the amounts 
of any effluents that may be released offsite [10 CFR 
51.22(c)(25)(ii)]. The requested exemption does not alter the design, 
function, or operation of any plant equipment. There are no changes to 
effluent types, plant radiological or non-radiological effluent release 
quantities, any effluent release path, or the functionality of any 
design or operational features credited with controlling the release of 
effluents during plant operation or construction. Therefore, the NRC 
concludes that the proposed exemption does not involve a significant 
change in the types or significant increase in the amounts of any 
effluents that may be released offsite.
    The requested exemption must not involve a significant increase in 
individual or cumulative public or occupational radiation exposure [10 
CFR 51.22(c)(25)(iii)]. There are no changes to plant radiation zones, 
nor any change to controls required under 10 CFR part 20, ``Standards 
for Protection Against Radiation,'' which preclude a significant 
increase in occupational radiation exposure. Therefore, the NRC 
concludes that the proposed exemption does not involve a significant 
increase in individual or cumulative public or occupational radiation 
exposure.
    To grant the exemption, the requested exemption must not involve a 
significant construction impact [10 CFR 51.22(c)(25)(iv)]. The 
requested exemption does not alter the materials or methods of 
constructing or testing of any SSCs. No change to the construction of 
the facility is being made as a result of this exemption. Therefore, 
the NRC concludes that the proposed exemption does not involve a 
significant construction impact.
    To grant the exemption, the requested exemption must not involve a 
significant increase in the potential for or consequences from 
radiological accidents [10 CFR 51.22(c)(25)(v)]. The requested 
exemption does not alter the design, function, or operation of any 
plant equipment. There are no changes to plant radiation zones, nor any 
change to controls required under 10 CFR part 20 which preclude a 
significant increase in occupational radiation exposure. Therefore, the 
NRC concludes that the proposed exemption does not involve a 
significant increase in the potential for or consequences from 
radiological accidents.
    The requested exemption involves employment suitability 
requirements related to FFD programs, as obtaining an FFD authorization 
is a prerequisite for working on or directing work on safety- or 
security-related SSCs [10 CFR 51.22(c)(25)(vi)(E)].
    Based on the evaluation above, the NRC staff concludes that the 
exemption meets the criteria of 10 CFR 51.22(c). Therefore, in 
accordance with 10 CFR 51.22(b), an environmental impact statement or 
environmental assessment is not required for the NRC staff's 
consideration of this exemption request.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
26.9, the exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest. Therefore, the Commission hereby grants SNC an 
exemption from 10 CFR 26.4(f) related to the FFD program for 
construction for a limited number of individuals who construct or 
direct the construction of safety- or security-related SSCs.

    Dated at Rockville, Maryland, this 7th day of June 2019.

    For the Nuclear Regulatory Commission.
Robert M. Taylor,
Director, Division of Licensing, Siting, and Environmental Analysis, 
Office of New Reactors.
[FR Doc. 2019-12375 Filed 6-11-19; 8:45 am]
 BILLING CODE 7590-01-P