Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Unit 3; Unit 3 Auxiliary Building Wall 11 Seismic Gap Requirements, 2464-2465 [2021-00410]

Download as PDF 2464 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices complying with the NRC’s regulations for fire protection programs for licensees that have certified that their plants have permanently ceased operations and that the fuel has been permanently removed from the reactor vessels. The staff does not, at this time, intend to impose the positions represented in the RG in a manner that would constitute backfitting or affect the issue finality of a part 52 of title 10 of the Code of Federal Regulations approval. If, in the future, the staff seeks to impose a position in the RG in a manner that constitutes backfitting or does not provide issue finality as described in the applicable issue finality provision, then the staff would need to address the backfit rule or the criteria for avoiding issue finality as described in the applicable issue finality provision. The staff does not, at this time, intend to impose the positions represented in the RG in a manner that would constitute forward fitting. If, in the future, the staff seeks to impose a position in the RG in a manner that constitutes forward fitting, then the staff would need to address the forward fitting criteria in Management Directive 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’ (ADAMS Accession No. ML18093B087). Dated: January 6, 2021. For the Nuclear Regulatory Commission. Meraj Rahimi, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2021–00334 Filed 1–11–21; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–025; NRC–2008–0252] Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Unit 3; Unit 3 Auxiliary Building Wall 11 Seismic Gap Requirements Nuclear Regulatory Commission. ACTION: Exemption and combined license amendment; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information in Tier 1 of the plant-specific design control document (DCD) and is issuing License Amendment No. 182 to Combined License (COL) NPF–91. The COL is for construction and operation of the Vogtle Electric Generating Plant (VEGP) Unit 3, khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:09 Jan 11, 2021 Jkt 253001 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. The exemption and amendment were issued on August 4, 2020. DATES: 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 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. • 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 pdr.resource@ nrc.gov. 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) 20–001 and submitted by letter dated February 7, 2020, (ADAMS Accession No. ML20038A939). • Attention: The PDR, where you may examine and order copies of public documents is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1– 800–397–4209 or 301–415–4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Cayetano Santos, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 7270; email: Cayetano.Santos@nrc.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 I. Introduction The NRC is issuing License Amendment No. 182 to COL NPF–91 and is granting an exemption from Tier 1 information in the plant-specific DCD for VEGP Unit 3. The generic 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 the north-south minimum seismic gap requirements above grade between the nuclear island and the annex building west of Column Line I from elevation 141 feet through 154 feet to accommodate as-built localized nonconformances. 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 and license amendment requests. The exemption met all applicable regulatory criteria set forth in §§ 50.12, 52.7, and 52.63, and in 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. ML20132A078. The exemption document for VEGP Unit 3 can be found in ADAMS under Accession No. ML20132A077. The exemption is reproduced (with the exception of abbreviated titles and additional citations) in Section II of this document. The amendment documents for COL NPF–91 are available in ADAMS under Accession No. ML20132A052. A summary of the amendment documents is provided in Section III of this document. II. Exemption Reproduced in this notice is the exemption document issued to VEGP Unit 3. It makes reference to the combined safety evaluation that provides the reasoning for the findings made by the NRC (and listed under Item 1) in order to grant the exemption: 1. In a letter dated February 7, 2020, Southern Nuclear Operating Company requested from the Nuclear Regulatory Commission an exemption to allow E:\FR\FM\12JAN1.SGM 12JAN1 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES departures from Tier 1 information in the certified 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) 20–001, ‘‘Unit 3 Auxiliary Building Wall Seismic Gap Requirements.’’ For the reasons set forth in Section 3.2 of the NRC staff’s Safety Evaluation, 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 changes to Appendix C of the facility Combined License, as described in the licensee’s request dated February 7, 2020. This exemption is related to, and necessary for, the granting of License Amendment No. 182, which is being issued concurrently with this exemption. 3. As explained in Section 6.0 of the NRC staff’s Safety Evaluation, 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 February 7, 2020, SNC requested that the NRC amend COL NPF–91 for VEGP Unit 3. The proposed amendment is described in Section I of this Federal Register notice. The Commission has determined for this amendment 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 the findings required by the Act and the Commission’s rules and regulations in 10 CFR chapter I, which are set forth in the license amendment. VerDate Sep<11>2014 17:09 Jan 11, 2021 Jkt 253001 A notice of consideration of issuance of amendment to the COL, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with this action, was published in the Federal Register on March 10, 2020 (85 FR 13944). No comments were received during the 30day comment period. The Commission has determined that this amendment satisfies 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 this amendment. IV. Final No Significant Hazards Consideration Determination A request for hearing was filed on May 11, 2020, by the Blue Ridge Environmental Defense League and its chapter, Concerned Citizens of Shell Bluff (collectively ‘‘BREDL’’) (ADAMS Package Accession No. ML20132D299). Under its regulations, the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before it of a request for a hearing from any person, in advance of the holding and completion of any required hearing, where it has made a final determination that no significant hazards consideration is involved. While the hearing request was pending before an Atomic Safety and Licensing Board (ASLB), the NRC staff issued the amendment on August 4, 2020, after making a final determination that no significant hazards consideration was involved, as discussed in Section 4.0 of the combined safety evaluation. Subsequently, the ASLB denied BREDL’s request for hearing and terminated the proceeding in its order LBP–20–08, dated August 10, 2020 (ADAMS Accession No. ML20223A385). On September 4, 2020, BREDL appealed the ASLB decision (ADAMS Accession No. ML20248J166). On December 22, 2020, the Commission affirmed the ASLB’s decision (ADAMS Accession No. ML20357A101). V. Conclusion For the reasons set forth in the combined safety evaluation, the staff granted the exemption and issued the amendment that SNC requested on February 7, 2020. The exemption and amendment were issued on August 4, 2020, as part of a combined package to SNC (ADAMS Package Accession No. ML20132A032). Dated: January 7, 2021. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 2465 For the Nuclear Regulatory Commission. Omar R. Lopez-Santiago, Chief, Vogtle Project Office, Office of Nuclear Reactor Regulation. [FR Doc. 2021–00410 Filed 1–11–21; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2020–0221] Information Collection: NRC Form 483, ‘‘Registration Certificate—In Vitro Testing with Byproduct Material Under General License’’ Nuclear Regulatory Commission. ACTION: Notice of submission to the Office of Management and Budget; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, NRC Form 483, ‘‘Registration Certificate—In Vitro Testing with Byproduct Material Under General License.’’ DATES: Submit comments by February 11, 2021. 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 on or before this date. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review— Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–2084; email: Infocollects.Resource@nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2020– 0221 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 E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2464-2465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00410]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-025; NRC-2008-0252]


Southern Nuclear Operating Company, Inc.; Vogtle Electric 
Generating Plant, Unit 3; Unit 3 Auxiliary Building Wall 11 Seismic Gap 
Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an 
exemption to allow a departure from the certification information in 
Tier 1 of the plant-specific design control document (DCD) and is 
issuing License Amendment No. 182 to Combined License (COL) NPF-91. The 
COL is for construction and operation of the Vogtle Electric Generating 
Plant (VEGP) Unit 3, 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 August 4, 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 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 
amendment and exemption was designated License Amendment Request (LAR) 
20-001 and submitted by letter dated February 7, 2020, (ADAMS Accession 
No. ML20038A939).
     Attention: The PDR, where you may examine and order copies 
of public documents is currently closed. You may submit your request to 
the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Cayetano Santos, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-7270; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing License Amendment No. 182 to COL NPF-91 and is 
granting an exemption from Tier 1 information in the plant-specific DCD 
for VEGP Unit 3. The generic 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 the north-south minimum 
seismic gap requirements above grade between the nuclear island and the 
annex building west of Column Line I from elevation 141 feet through 
154 feet to accommodate as-built localized nonconformances.
    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 and license amendment 
requests. The exemption met all applicable regulatory criteria set 
forth in Sec. Sec.  50.12, 52.7, and 52.63, and in 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. ML20132A078.
    The exemption document for VEGP Unit 3 can be found in ADAMS under 
Accession No. ML20132A077. The exemption is reproduced (with the 
exception of abbreviated titles and additional citations) in Section II 
of this document. The amendment documents for COL NPF-91 are available 
in ADAMS under Accession No. ML20132A052. A summary of the amendment 
documents is provided in Section III of this document.

II. Exemption

    Reproduced in this notice is the exemption document issued to VEGP 
Unit 3. It makes reference to the combined safety evaluation that 
provides the reasoning for the findings made by the NRC (and listed 
under Item 1) in order to grant the exemption:
    1. In a letter dated February 7, 2020, Southern Nuclear Operating 
Company requested from the Nuclear Regulatory Commission an exemption 
to allow

[[Page 2465]]

departures from Tier 1 information in the certified 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) 20-
001, ``Unit 3 Auxiliary Building Wall Seismic Gap Requirements.''
    For the reasons set forth in Section 3.2 of the NRC staff's Safety 
Evaluation, 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 changes to Appendix C of the 
facility Combined License, as described in the licensee's request dated 
February 7, 2020. This exemption is related to, and necessary for, the 
granting of License Amendment No. 182, which is being issued 
concurrently with this exemption.
    3. As explained in Section 6.0 of the NRC staff's Safety 
Evaluation, 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 February 7, 2020, SNC requested that the NRC amend 
COL NPF-91 for VEGP Unit 3. The proposed amendment is described in 
Section I of this Federal Register notice.
    The Commission has determined for this amendment 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 the findings 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 the COL, 
proposed no significant hazards consideration determination, and 
opportunity for a hearing in connection with this action, was published 
in the Federal Register on March 10, 2020 (85 FR 13944). No comments 
were received during the 30-day comment period.
    The Commission has determined that this amendment satisfies 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 this 
amendment.

IV. Final No Significant Hazards Consideration Determination

    A request for hearing was filed on May 11, 2020, by the Blue Ridge 
Environmental Defense League and its chapter, Concerned Citizens of 
Shell Bluff (collectively ``BREDL'') (ADAMS Package Accession No. 
ML20132D299). Under its regulations, the Commission may issue and make 
an amendment immediately effective, notwithstanding the pendency before 
it of a request for a hearing from any person, in advance of the 
holding and completion of any required hearing, where it has made a 
final determination that no significant hazards consideration is 
involved. While the hearing request was pending before an Atomic Safety 
and Licensing Board (ASLB), the NRC staff issued the amendment on 
August 4, 2020, after making a final determination that no significant 
hazards consideration was involved, as discussed in Section 4.0 of the 
combined safety evaluation.
    Subsequently, the ASLB denied BREDL's request for hearing and 
terminated the proceeding in its order LBP-20-08, dated August 10, 2020 
(ADAMS Accession No. ML20223A385). On September 4, 2020, BREDL appealed 
the ASLB decision (ADAMS Accession No. ML20248J166). On December 22, 
2020, the Commission affirmed the ASLB's decision (ADAMS Accession No. 
ML20357A101).

V. Conclusion

    For the reasons set forth in the combined safety evaluation, the 
staff granted the exemption and issued the amendment that SNC requested 
on February 7, 2020. The exemption and amendment were issued on August 
4, 2020, as part of a combined package to SNC (ADAMS Package Accession 
No. ML20132A032).

    Dated: January 7, 2021.

    For the Nuclear Regulatory Commission.
Omar R. Lopez-Santiago,
Chief, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-00410 Filed 1-11-21; 8:45 am]
BILLING CODE 7590-01-P
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