Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Removal of the Preoperational Passive Residual Heat Removal Heat Exchanger Natural Circulation Test, 19780-19782 [2020-07380]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Notices]
[Pages 19780-19782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07380]


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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; Removal of the Preoperational Passive 
Residual Heat Removal Heat Exchanger Natural Circulation Test

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 Nos. 177 and 176 to Combined Licenses (COLs), NPF-91 
and NPF-92, respectively. The COLs were issued to Southern Nuclear 
Operating Company, Inc., and 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); 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 asked for 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: The exemption and amendment were issued on March 19, 2020.

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 dockets in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed

[[Page 19781]]

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 
amendment and exemption was designated License Amendment Request (LAR) 
19-017 and submitted by letter dated September 6, 2019, and 
supplemented by letter dated January 31, 2020 (ADAMS Accession Nos. 
ML19249C738 and ML20031E665, respectively).

FOR FURTHER INFORMATION CONTACT: Donald Habib, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1035; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is issuing License Amendment Nos. 177 and 176 to COLs NPF-
91 and NPF-92, respectively, and is granting an exemption from Tier 1 
information in the plant-specific DCD for the AP1000. The AP1000 DCD is 
incorporated by reference in Appendix D, ``Design Certification Rule 
for the AP1000,'' to part 52 of title 10 of the Code of Federal 
Regulations (10 CFR). The exemption, granted pursuant to paragraph A.4 
of section VIII, ``Processes for Changes and Departures,'' of 10 CFR 
part 52, appendix D, allows the licensee to depart from the Tier 1 
information. With the requested amendment, SNC sought proposed changes 
to remove the preoperational passive residual heat removal (PRHR) heat 
exchanger natural circulation test from the scope of the VEGP Units 3 
and 4 Initial Test Program (ITP). The proposed changes would revise 
licensing basis documents, including the Updated Final Safety Analyses 
Report (UFSAR) Subsections 1.9.4.2.1, 3.9.1.1.1.17, 6.3.6.1.2, and 
14.2.9.1.3. In addition, COL Appendix C (and plant-specific Tier 1) 
Inspections, Tests, Analyses and Acceptance Criteria (ITAAC) 
2.2.03.08b.01 (No. 175) would be revised to replace the PRHR heat 
exchanger natural circulation test with the PRHR heat exchanger forced 
flow test, which is described in UFSAR Subsection 14.2.9.1.3.
    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 Sec. Sec.  50.12, 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. ML20063L482.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to SNC 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. ML20045F061 and ML20045F070, 
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. ML20045F082 and ML20045F124, 
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 VEGP Units 3 
and Unit 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 September 6, 2019, as supplemented by letter 
dated January 31, 2020, Southern Nuclear Operating Company (SNC) 
requested from the Nuclear Regulatory Commission (NRC or 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) 19-017, ``Removal of the 
Preoperational Passive Residual Heat Removal Heat Exchanger Natural 
Circulation Test.''
    For the reasons set forth in Section 3.2 of the NRC staff's Safety 
Evaluation, which can be found in ADAMS under Accession No. 
ML20063L482, 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, SNC is granted an exemption from the certified DCD 
Tier 1 information, with corresponding information in COL Appendix C of 
the Facility Combined License as described in the licensee's request 
dated September 6, 2019, as supplemented by letter dated January 31, 
2020. This exemption is related to, and necessary for the granting of 
License Amendment No. 177 [for Unit 3, 176 for Unit 4] which is being 
issued concurrently with this exemption.
    3. As explained in Section 6.0 of the NRC staff's Safety Evaluation 
(ADAMS Accession No. ML20063L482), 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 September 6, 2019, as supplemented by letter dated 
January 31, 2020 (ADAMS Accession Nos. ML19249C738 and ML20031E665, 
respectively), SNC 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 of this Federal Register notice.
    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.

[[Page 19782]]

    A notice of consideration of issuance of amendment to facility 
operating license or COL, 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 
February 11, 2020 (85 FR 7796). 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 SNC requested 
on September 6, 2019 and January 31, 2020.
    The exemption and amendment were issued on March 19, 2020, as part 
of a combined package to SNC (ADAMS Accession No. ML20045F029).

    Dated: April 3, 2020.

    For the Nuclear Regulatory Commission.
Victor E. Hall,
Chief, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-07380 Filed 4-7-20; 8:45 am]
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