Vogtle Electric Generating Plant, Units 3 and 4, 7796-7799 [2020-02704]
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III. Discussion
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A. The Exemption Is Authorized by Law
The NRC’s regulations in 10 CFR
20.2301 allow the Commission to grant
exemptions from the requirements of
the regulations in 10 CFR part 20 if it
determines the exemption would be
authorized by law and would not result
in undue hazard to life or property.
There are no provisions in the Atomic
Energy Act of 1954, as amended (or in
any other Federal statute) that impose a
requirement to investigate and report on
low-level radioactive waste shipments
that have not been acknowledged by the
recipient within 20 days of transfer.
Therefore, the NRC concludes that there
is no statutory prohibition on the
issuance of the requested exemption
and the NRC is authorized to grant the
exemption by law.
With respect to compliance with
Section 102(2) of the National
Environmental Policy Act, 42 U.S.C.
4332(2) (NEPA), the NRC staff has
determined that the proposed action,
namely, the approval of the NorthStar
NDC exemption request, is within the
scope of the two categorical exclusions
listed at 10 CFR 51.22(c)(25)(vi)(B) and
10 CFR 51.22(c)(25)(vi)(C). The
categorical exclusion listed at 10 CFR
51.22(c)(25)(vi)(B) concerns approval of
exemption requests from reporting
requirements and the categorical
exclusion listed at 10 CFR
51.22(c)(25)(vi)(C) concerns approval of
exemption requests from inspection or
surveillance requirements. Therefore, no
further analysis is required under
NEPA.
B. The Exemption Would Not Result in
Undue Hazard to Life or Property
The purpose of 10 CFR part 20,
Appendix G, Section III.E is to require
licensees to investigate, trace, and report
radioactive shipments that have not
reached their destination, as scheduled,
for unknown reasons. Data from the VY
(for example see NorthStar NDC reports
on investigation pursuant to 10 CFR part
20, Appendix G (ADAMS Accession
Nos. ML19233A015, ML19233A032,
ML19233A019, ML20014D560, and
ML19347B109) found that several
shipments took longer than 20 days, and
one up to 59 days, to reach the Waste
Control Specialist disposal facility in
Andrews, Texas once they left the VY
facility. The NRC acknowledges that,
based on the history of low-level
radioactive waste shipments from VY,
the need to investigate, trace and report
on shipments that take longer than 20
days could result in an excessive
administrative burden on the licensee.
As stated in the request for exemption,
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NorthStar NDC will request a daily
update to be provided for the location
of the shipment from the appropriate
carriers of the low-level radioactive
waste shipments.
Because of the oversight and
monitoring of radioactive waste
shipments throughout the entire journey
from VY to the disposal site, it is
unlikely that a shipment could be lost,
misdirected, or diverted without the
knowledge of the carrier or NorthStar
NDC. Furthermore, by extending the
elapsed time for receipt
acknowledgment to 45 days before
requiring investigations, tracing, and
reporting, a reasonable upper limit on
shipment duration (based on historical
analysis) is still maintained if a
breakdown of normal tracking systems
were to occur. Consequently, the NRC
finds that extending the receipt of
notification period from 20 to 45 days
after transfer of the low-level radioactive
waste as described by NorthStar NDC in
its August 28, 2019, letter would not
result in an undue hazard to life or
property.
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
20.2301, the exemption is authorized by
law and will not result in undue hazard
to life or property. Therefore, the
Commission hereby grants NorthStar
NDC an exemption from 10 CFR part 20,
Appendix G, Section III.E to extend the
receipt of notification period from 20
days to 45 days after transfer for rail or
mixed-mode shipments of low-level
radioactive waste from the VY facility to
a licensed land disposal facility.
[FR Doc. 2020–02681 Filed 2–10–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 052–00025 and 052–00026;
NRC–2008–0252]
Vogtle Electric Generating Plant, Units
3 and 4
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment and
exemption to Combined Licenses (NPF–
91 and NPF–92), issued to Southern
Nuclear Operating Company, Inc. (SNC),
and Georgia Power Company,
SUMMARY:
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Oglethorpe Power Corporation, MEAG
Power SPVM, LLC, MEAG Power SPVJ,
LLC, MEAG Power SPVP, LLC,
Authority of Georgia, and the City of
Dalton, Georgia (collectively, SNC), for
construction and operation of the Vogtle
Electric Generating Plant (VEGP), Units
3 and 4, located in Burke County,
Georgia.
Submit comments by March 12,
2020. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received before this date. A request for
a hearing or petition for leave to
intervene must be filed by April 13,
2020.
DATES:
You may submit comments
by 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:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Donald Habib, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
000; telephone: 301–415–1035; email:
Donald.Habib@nrc.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2008–
0252 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
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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 pdr.resource@
nrc.gov. The application for
amendment, dated September 6, 2019,
and supplemented by letter dated
January 31, 2020, is available in
ADAMS under Accession Nos.
ML19249C738 and ML20031E665,
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.
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B. Submitting Comments
Please include Docket ID NRC–2008–
0252 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an
amendment to facility Operating
License Nos. NPF–91 and NPF–92,
issued to SNC for operation of the VEGP
Units 3 and 4, located in Burke County,
Georgia.
The proposed changes would revise
the Updated Final Safety Analysis
Report (UFSAR) in the form of
departures from the incorporated plantspecific Design Control Document
(DCD) Tier 2 information and related
changes to the VEGP Units 3 and 4
combined license (COL) Appendix C
(and corresponding plant-specific DCD
Tier 1) information. Specifically, the
request proposes to remove the natural
circulation test of the passive residual
heat removal (PRHR) heat exchanger,
which is conducted during
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preoperational testing, from the scope of
the initial test program described in the
UFSAR. In lieu of performing this test
according to Inspections, Tests,
Analyses, and Acceptance Criteria
(ITAAC) 2.2.03.08b.01 specified in COL
Appendix C, the ITAAC would be
updated to reflect the heat removal
performance test of the PRHR heat
exchanger under forced flow conditions.
Because this proposed change requires a
departure from Tier 1 information in the
Westinghouse AP1000 DCD, the
licensee also requested an exemption
from the requirements of the Generic
DCD Tier 1 in accordance with section
52.63(b)(1) of title 10 of the Code of
Federal Regulations (10 CFR).
Before any issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and NRC’s regulations.
The NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in 10 CFR 50.92,
this means that operation of the facility
in accordance with the proposed
amendment 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. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed changes do not affect the
operation of any systems or equipment that
initiates an analyzed accident or alter any
structures, systems, or components (SSC)
accident initiator or initiating sequence of
events. The proposed changes remove the
requirement to perform the preoperational
PRHR heat exchanger natural circulation test
and revise ITAAC which demonstrates the
heat removal capability of the PRHR heat
exchanger. The remaining preoperational
testing and ITAAC will confirm the PRHR
heat exchanger can perform its design and
licensing bases functions. The changes do not
adversely affect any methodology which
would increase the probability or
consequences of a previously evaluated
accident.
The changes do not impact the support,
design, or operation of mechanical or fluid
systems. There is no change to plant systems
or the response of systems to postulated
accident conditions. There is no change to
predicted radioactive releases due to normal
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operation or postulated accident conditions.
The plant response to previously evaluated
accidents or external events is not adversely
affected, nor does the proposed change create
any new accident precursors.
Therefore, the proposed amendment does
not involve a significant increase in the
probability or consequences of a previously
evaluated accident.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed changes do not affect the
operation of any systems or equipment that
may initiate a new or different kind of
accident, or alter any SSC such that a new
accident initiator or initiating sequence of
events is created.
The proposed changes remove the
requirement to perform the preoperational
PRHR heat exchanger natural circulation test
and revise ITAAC related to the PRHR heat
exchanger. The remaining tests will
demonstrate the heat removal capabilities of
the PRHR heat exchanger. The remaining
preoperational testing and ITAAC will
confirm the PRHR heat exchanger can
perform its design and licensing bases
functions. The proposed changes do not
adversely affect any design function of any
SSC design functions or methods of
operation in a manner that results in a new
failure mode, malfunction, or sequence of
events that affect safety-related or non-safetyrelated equipment. This activity does not
allow for a new fission product release path,
result in a new fission product barrier failure
mode, or create a new sequence of events that
result in significant fuel cladding failures.
Therefore, the proposed amendment does
not create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed changes maintain the
existing safety margin and provide adequate
protection through continued application of
the existing requirements in the UFSAR. The
proposed changes satisfy the same design
functions in accordance with the same codes
and standards as stated in the UFSAR. The
changes do not adversely affect any design
code, function, design analysis, safety
analysis input or result, or design/safety
margin. No safety analysis or design basis
acceptance limit/criterion is challenged or
exceeded by the proposed change.
Since no safety analysis or design basis
acceptance limit/criterion is changed, the
margin of safety is not reduced.
Therefore, the proposed amendment does
not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
amendment request involves no
significant hazards consideration.
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The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. Any
comments received within 30 days after
the date of publication of this notice
will be considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day notice period if the Commission
concludes the amendment involves no
significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 30-day comment period should
circumstances change during the 30-day
comment period such that failure to act
in a timely way would result, for
example, in derating or shutdown of the
facility. Should the Commission take
action prior to the expiration of either
the comment period or the notice
period, the Commission will publish a
notice of issuance in the Federal
Register. Should the Commission make
a final no significant hazards
consideration determination, any
hearing will take place after issuance.
The Commission expects that the need
to take this action will occur very
infrequently.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s website at
https://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of
the regulations is available at the NRC’s
Public Document Room, located at One
White Flint North, Room O1–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. If a petition is filed,
the Commission or a presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
As required by 10 CFR 2.309(d) the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements for
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standing: (1) The name, address, and
telephone number of the petitioner; (2)
the nature of the petitioner’s right to be
made a party to the proceeding; (3) the
nature and extent of the petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
petitioner’s interest.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the
specific contentions which the
petitioner seeks to have litigated in the
proceeding. Each contention must
consist of a specific statement of the
issue of law or fact to be raised or
controverted. In addition, the petitioner
must provide a brief explanation of the
bases for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to the specific
sources and documents on which the
petitioner intends to rely to support its
position on the issue. The petition must
include sufficient information to show
that a genuine dispute exists with the
applicant or licensee on a material issue
of law or fact. Contentions must be
limited to matters within the scope of
the proceeding. The contention must be
one which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements at 10
CFR 2.309(f) with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene. Parties have the opportunity
to participate fully in the conduct of the
hearing with respect to resolution of
that party’s admitted contentions,
including the opportunity to present
evidence, consistent with the NRC’s
regulations, policies, and procedures.
Petitions must be filed no later than
60 days from the date of publication of
this notice. Petitions and motions for
leave to file new or amended
contentions that are filed after the
deadline will not be entertained absent
a determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i) through (iii). The petition
must be filed in accordance with the
filing instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document.
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
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Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to
establish when the hearing is held. If the
final determination is that the
amendment request involves no
significant hazards consideration, the
Commission may issue the amendment
and make it immediately effective,
notwithstanding the request for a
hearing. Any hearing would take place
after issuance of the amendment. If the
final determination is that the
amendment request involves a
significant hazards consideration, then
any hearing held would take place
before the issuance of the amendment
unless the Commission finds an
imminent danger to the health or safety
of the public, in which case it will issue
an appropriate order or rule under 10
CFR part 2.
A State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission no later than 60 days from
the date of publication of this notice.
The petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions set
forth in this section, except that under
10 CFR 2.309(h)(2) a State, local
governmental body, or Federallyrecognized Indian Tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. Alternatively, a State,
local governmental body, Federallyrecognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
If a hearing is granted, any person
who is not a party to the proceeding and
is not affiliated with or represented by
a party may, at the discretion of the
presiding officer, be permitted to make
a limited appearance pursuant to the
provisions of 10 CFR 2.315(a). A person
making a limited appearance may make
an oral or written statement of his or her
position on the issues but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to the
limits and conditions as may be
imposed by the presiding officer. Details
regarding the opportunity to make a
limited appearance will be provided by
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the presiding officer if such sessions are
scheduled.
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IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/sitehelp/e-submittals.html. Participants
may not submit paper copies of their
filings unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the hearing in this proceeding
if the Secretary has not already
established an electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
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(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this manner are
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responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘cancel’’ when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
For further details with respect to this
action, see the application for license
amendment dated September 6, 2019,
and supplement dated January 31, 2020.
Attorney for licensee: Mr. M. Stanford
Blanton, Balch & Bingham LLP, 1710
Sixth Avenue North, Birmingham, AL
35203–2015.
NRC Branch Chief: Victor E. Hall.
Dated at Rockville, Maryland, this 6th day
of February 2020.
For the Nuclear Regulatory Commission.
Victor E. Hall,
Chief, Vogtle Project Office, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020–02704 Filed 2–10–20; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\11FEN1.SGM
11FEN1
]]>Agencies
[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Notices]
[Pages 7796-7799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02704]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 052-00025 and 052-00026; NRC-2008-0252]
Vogtle Electric Generating Plant, Units 3 and 4
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment and exemption to Combined Licenses (NPF-91 and
NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), and
Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM,
LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia,
and the City of Dalton, Georgia (collectively, SNC), for construction
and operation of the Vogtle Electric Generating Plant (VEGP), Units 3
and 4, located in Burke County, Georgia.
DATES: Submit comments by March 12, 2020. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date. A request for a hearing or petition for leave to intervene must
be filed by April 13, 2020.
ADDRESSES: You may submit comments by 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.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Donald Habib, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-000; telephone: 301-415-1035; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2008-0252 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at
[[Page 7797]]
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
application for amendment, dated September 6, 2019, and supplemented by
letter dated January 31, 2020, is available in ADAMS under Accession
Nos. ML19249C738 and ML20031E665, 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.
B. Submitting Comments
Please include Docket ID NRC-2008-0252 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to facility
Operating License Nos. NPF-91 and NPF-92, issued to SNC for operation
of the VEGP Units 3 and 4, located in Burke County, Georgia.
The proposed changes would revise the Updated Final Safety Analysis
Report (UFSAR) in the form of departures from the incorporated plant-
specific Design Control Document (DCD) Tier 2 information and related
changes to the VEGP Units 3 and 4 combined license (COL) Appendix C
(and corresponding plant-specific DCD Tier 1) information.
Specifically, the request proposes to remove the natural circulation
test of the passive residual heat removal (PRHR) heat exchanger, which
is conducted during preoperational testing, from the scope of the
initial test program described in the UFSAR. In lieu of performing this
test according to Inspections, Tests, Analyses, and Acceptance Criteria
(ITAAC) 2.2.03.08b.01 specified in COL Appendix C, the ITAAC would be
updated to reflect the heat removal performance test of the PRHR heat
exchanger under forced flow conditions. Because this proposed change
requires a departure from Tier 1 information in the Westinghouse AP1000
DCD, the licensee also requested an exemption from the requirements of
the Generic DCD Tier 1 in accordance with section 52.63(b)(1) of title
10 of the Code of Federal Regulations (10 CFR).
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in 10 CFR 50.92, this means that operation of the
facility in accordance with the proposed amendment 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. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes do not affect the operation of any systems
or equipment that initiates an analyzed accident or alter any
structures, systems, or components (SSC) accident initiator or
initiating sequence of events. The proposed changes remove the
requirement to perform the preoperational PRHR heat exchanger
natural circulation test and revise ITAAC which demonstrates the
heat removal capability of the PRHR heat exchanger. The remaining
preoperational testing and ITAAC will confirm the PRHR heat
exchanger can perform its design and licensing bases functions. The
changes do not adversely affect any methodology which would increase
the probability or consequences of a previously evaluated accident.
The changes do not impact the support, design, or operation of
mechanical or fluid systems. There is no change to plant systems or
the response of systems to postulated accident conditions. There is
no change to predicted radioactive releases due to normal operation
or postulated accident conditions. The plant response to previously
evaluated accidents or external events is not adversely affected,
nor does the proposed change create any new accident precursors.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of a previously
evaluated accident.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed changes do not affect the operation of any systems
or equipment that may initiate a new or different kind of accident,
or alter any SSC such that a new accident initiator or initiating
sequence of events is created.
The proposed changes remove the requirement to perform the
preoperational PRHR heat exchanger natural circulation test and
revise ITAAC related to the PRHR heat exchanger. The remaining tests
will demonstrate the heat removal capabilities of the PRHR heat
exchanger. The remaining preoperational testing and ITAAC will
confirm the PRHR heat exchanger can perform its design and licensing
bases functions. The proposed changes do not adversely affect any
design function of any SSC design functions or methods of operation
in a manner that results in a new failure mode, malfunction, or
sequence of events that affect safety-related or non-safety-related
equipment. This activity does not allow for a new fission product
release path, result in a new fission product barrier failure mode,
or create a new sequence of events that result in significant fuel
cladding failures.
Therefore, the proposed amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed changes maintain the existing safety margin and
provide adequate protection through continued application of the
existing requirements in the UFSAR. The proposed changes satisfy the
same design functions in accordance with the same codes and
standards as stated in the UFSAR. The changes do not adversely
affect any design code, function, design analysis, safety analysis
input or result, or design/safety margin. No safety analysis or
design basis acceptance limit/criterion is challenged or exceeded by
the proposed change.
Since no safety analysis or design basis acceptance limit/
criterion is changed, the margin of safety is not reduced.
Therefore, the proposed amendment does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves no significant hazards
consideration.
[[Page 7798]]
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should circumstances change during the 30-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, the Commission will publish a notice of issuance in the Federal
Register. Should the Commission make a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right to be made a party
to the proceeding; (3) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or Federally-recognized Indian Tribe, or agency thereof does not need
to address the standing requirements in 10 CFR 2.309(d) if the facility
is located within its boundaries. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by
[[Page 7799]]
the presiding officer if such sessions are scheduled.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated September 6, 2019, and
supplement dated January 31, 2020.
Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Branch Chief: Victor E. Hall.
Dated at Rockville, Maryland, this 6th day of February 2020.
For the Nuclear Regulatory Commission.
Victor E. Hall,
Chief, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-02704 Filed 2-10-20; 8:45 am]
BILLING CODE 7590-01-P
