Southern Nuclear Operating Company Inc; Vogtle Electric Generating Plant Unit 4, 26552-26556 [2021-10254]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26552-26556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10254]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-026; NRC-2008-0252]


Southern Nuclear Operating Company Inc; Vogtle Electric 
Generating Plant Unit 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to a March 6, 2020, request from Southern Nuclear 
Operating Company, Inc. (SNC), as applicable to Vogtle Electric 
Generating Plant (VEGP) Unit 4. Specifically, the NRC has exempted SNC 
from the requirement for VEGP Unit 4 to conduct an emergency 
preparedness exercise prior to its initial fuel load.

[[Page 26553]]


DATES: This exemption was issued on July 21, 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 Stacy Schumann; 
telephone: 301-415-0624; 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 March 6, 2020 and is available 
in ADAMS under Package Accession No. ML20066G902.

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

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), 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.
    Section IV.F.2.a.(iii) of appendix E, ``Emergency Planning and 
Preparedness for Production and Utilization Facilities,'' to part 50 of 
10 CFR states, in part, that for a combined license issued under 10 CFR 
part 52, if the applicant currently has an operating reactor at the 
site, an exercise, either full or partial participation, shall be 
conducted for each subsequent reactor constructed on the site. VEGP 
Units 3 and 4 are of the same reactor design (Westinghouse Electric 
Company (Westinghouse) AP1000 pressurized-water reactor), and VEGP 
Units 1, 2, 3, and 4 share the same operating site. In a letter dated 
March 6, 2020, SNC requested an exemption from the requirement to 
perform an emergency preparedness exercise for VEGP Unit 4.
    The NRC staff's evaluation of SNC's exemption request for Unit 4 is 
based on VEGP Unit 3 first successfully completing an emergency 
preparedness exercise as required by section IV.F.2.a.(iii) of appendix 
E, and establishing an 8-calendar-year emergency preparedness exercise 
cycle that incorporates both VEGP Units 3 and 4 drill and exercise 
requirements prior to VEGP Unit 4 commencing initial fuel load. The 
justification for the exemption is that the successful completion of 
the VEGP Unit 3 partial participation exercise demonstrate all aspects 
of emergency response capabilities for both units, thereby making a 
separate exercise for VEGP Unit 4 to meet the requirements of section 
IV.F.2.a.(iii) of appendix E unnecessary.
    In Part 5, ``Emergency Plan,'' of its December 31, 2008, Early Site 
Permit (ESP) Application (Revision 5) for VEGP Units 3 and 4, SNC 
included a complete and integrated emergency plan for VEGP Units 3 and 
4, referred to as the ``ESP Plan'' (Docket No. 52-011; ADAMS Accession 
No. ML091540898). The NRC staff documented its review of the ESP Plan 
in Section 13.3, ``Emergency Planning,'' of NUREG-1923, ``Safety 
Evaluation Report for an Early Site Permit (ESP) at the Vogtle Electric 
Generating Plant (VEGP) ESP Site,'' July 2009 (ADAMS Accession No. 
ML092290650), and included an evaluation of the emergency plan's 
description of proposed Units 3 and 4 exercises in Section 13.3.3.2.14, 
``Exercises and Drills (10 CFR 50.47(b)(14); NUREG-0654/FEMA-REP-1, 
planning standard N).''
    The NRC issued Early Site Permit No. ESP-004 for the VEGP ESP Site 
(i.e., for Units 3 and 4) on August 26, 2009 (ADAMS Accession No. 
ML092290157). ESP-004, including the ESP Plan, was incorporated by 
reference into SNC's June 24, 2011, COL application for VEGP Units 3 
and 4 (Docket Nos. 52-025 and 52-026, respectively; ADAMS Accession No. 
ML11180A086), and the Units 3 and 4 COLs were issued on February 10, 
2012 (ADAMS Accession Nos. ML14100A106 and ML14100A135, respectively). 
The NRC staff documented its review of the COL application in Section 
13.3, ``Emergency Planning,'' of NUREG-2124, ``Final Safety Evaluation 
Report--Related to the Combined Licenses for Vogtle Electric Generating 
Plant, Units 3 and 4,'' Volume 2, September 2012 (ADAMS Accession No. 
ML12271A048).
    The NRC staff's reasonable assurance finding for the ESP Plan was 
subject to the satisfactory completion of the inspections, tests, 
analyses, and acceptance criteria (ITAAC) that were listed in NUREG-
1923 Section [Table] 13.3.6, ``VEGP Unit 4 ITAAC,'' which includes 
ITAAC 8.0, ``Exercises and Drills.'' ITAAC 8.0 requires a limited 
participation exercise for Unit 4, in order to demonstrate the various 
emergency preparedness capabilities listed in the associated ITAAC 
acceptance criteria. The ESP Plan and Unit 4 ITAAC were included in 
SNC's Unit 4 COL application, and ITAAC 8.0 (consisting of Unit 4 ITAAC 
Nos. 870, E.3.9.08.01.01; 871, E.3.9.08.01.02; and 872, E.3.9.08.01.03) 
was included in Appendix C, Table E.3.9-8 of the Unit 4 COL.
    Unit 4 COL ITAAC 870, 871, and 872, which address exercise-related 
aspects of emergency preparedness and response for Unit 4, were 
subsequently deleted by Unit 4 License Amendment No. 161 (September 5, 
2018; ADAMS Package Accession No. ML19213A288). Prior to their 
deletion, ITAAC 870, 871, and 872 had been revised by Unit 4 License 
Amendment No. 94 (ADAMS Package Accession No. ML17256A028) (referenced 
by SNC in its exemption request) to change the ITAAC Program Commitment 
to conduct a partial participation exercise, and to consolidate 
duplicated or redundant ITAAC. Finally, while License Amendment 161 
deleted the Unit 4 COL requirement in ITAAC 870, 871, and 872 to 
conduct a partial participation exercise, the separate exercise 
requirement in section IV.F.2.a.(iii) of appendix E to 10 CFR part 50 
remained

[[Page 26554]]

applicable to Unit 4 and is the subject of this exemption request.

II. Request/Action

    Pursuant to 10 CFR 50.12, ``Specific exemptions,'' SNC requested, 
by letter dated March 6, 2020 (ADAMS Accession No. ML20066G904), an 
exemption from the requirements of section IV.F.2.a.(iii) of appendix E 
to 10 CFR part 50, as applicable to VEGP Unit 4. Enclosure 1 to this 
letter includes the supporting justification for SNC's request (ADAMS 
Accession No. ML20066G906). Specifically, SNC requested an exemption 
for VEGP Unit 4 from the requirement in section IV.F.2.a.(iii) to 
appendix E of 10 CFR part 50 for an applicant who currently has an 
operating reactor at the site to perform an exercise, either full or 
partial participation, for each subsequent reactor constructed on the 
site. The exemption removes the requirement to perform an emergency 
preparedness exercise at VEGP Unit 4 prior to its initial fuel load.

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when: (1) The exemptions are 
authorized by law, will not present an undue risk to the health and 
safety of the public, and are consistent with the common defense and 
security; and (2) special circumstances are present. These special 
circumstances include, among other things, when the application of the 
regulation in the particular circumstances would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule.

1. The Exemption Is Authorized by Law

    The exemption removes the requirement in section IV.F.2.a.(iii) of 
appendix E to 10 CFR part 50 for SNC to perform an emergency 
preparedness exercise, either full or partial participation, at VEGP 
Unit 4 prior to initial fuel load. The VEGP Unit 4 emergency 
preparedness response capabilities, emergency response facilities, and 
emergency response organization (ERO) are common to both VEGP Units 3 
and 4 and have been evaluated during a VEGP Unit 3 partial 
participation exercise. These emergency preparedness response 
capabilities will continue to be evaluated under the 8-calendar-year 
emergency preparedness exercise cycle for the VEGP site (Units 1, 2, 3, 
and 4). The NRC staff has determined that granting SNC's requested 
exemption will not result in a violation of the Atomic Energy Act of 
1954, as amended, or the Commission's regulations and that no other law 
precludes the requested changes. Therefore, the exemption is authorized 
by law.

2. The Exemption Presents No Undue Risk to Public Health and Safety

    The NRC staff considered SNC's detailed justification supporting 
the proposed exemption from section IV.F.2.a.(iii) of appendix E to 10 
CFR part 50 for VEGP Unit 4's exercise prior to its initial fuel load. 
Based on its review of the information submitted with SNC's requested 
exemption, the NRC staff concluded that VEGP Unit 4 shares emergency 
preparedness program response capabilities with Vogtle Unit 3 under a 
common VEGP Emergency Plan Annex, which was subsequently demonstrated 
during VEGP Unit 3's initial partial participation exercise. In 
addition, future Unit 4 exercises will be conducted as part of the 8-
calendar-year exercise cycle for the VEGP site (Units 1, 2, 3, and 4).
    The VEGP Unit 4 capabilities that will have been demonstrated 
during the VEGP Unit 3 exercise comprise various principal functional 
areas of emergency response, as they are described in the applicable 
exercise-related requirements and guidance. Specifically, areas of 
demonstration during exercises are described in 10 CFR 50.47(b)(14), 
which identifies major portions of emergency response capabilities, and 
in sections IV.F.2.b and IV.F.2.j of appendix E to 10 CFR part 50, 
which identify key skills necessary to implement the principal 
functional areas of emergency response. In addition, section IV.F.2.a 
of appendix E calls for conducting an exercise that will test as much 
of the emergency plans as is reasonably achievable for each reactor 
site without mandatory public participation. The scope of exercise 
demonstrations is also addressed in related guidance, consisting of 
Section II.N.1 of NUREG-0654, ``Criteria for Preparation and Evaluation 
of Radiological Emergency Response Plans and Preparedness in Support of 
Nuclear Power Plants,'' November 1980 (ADAMS Accession No. 
ML040420012), which states that exercises should test the integrated 
capability and a major portion of the basic elements existing within 
emergency preparedness plans and organizations, and verify the 
capability to respond to an accident scenario requiring response. The 
successful completion of the Unit 3 partial participation exercise 
means that the exercise requirements addressed in this notice have been 
evaluated, and any deficiencies have been corrected.
    The NRC staff finds that Units 3 and 4 are of the same reactor type 
and design (i.e., Westinghouse AP1000 reactor), and that they share the 
same resources, requirements, capabilities, emergency response 
facilities, procedures, and ERO, which is facilitated by VEGP Units 3 
and 4 being located side-by-side on the VEGP site. In addition, the NRC 
staff finds that the identified, shared emergency planning resources, 
requirements, capabilities, etc., are consistent with the requirements 
of the applicable regulations and guidance for demonstration of the 
principal functional areas of emergency response during an exercise. 
Further, inclusion of the VEGP Unit 4 exercise into the 8-calendar-year 
exercise cycle for the VEGP site would postpone its first exercise 
until after initial fuel load. This option is consistent with section 
IV.F.2.a.(iii) of appendix E to 10 CFR part 50, which states, in part, 
that this exercise may be incorporated in the exercise requirements of 
sections IV.F.2.b and IV.F.2.c of appendix E (which address the timing 
and coordination of exercises at reactor sites). Therefore, the NRC 
staff has determined that conducting a VEGP Unit 4 partial 
participation exercise prior to Unit 4's initial fuel load will not 
demonstrate any new aspects of emergency planning resources, 
capabilities, emergency response facilities, procedures, or ERO used to 
accomplish the principal functional areas of emergency response that 
were not already demonstrated during the VEGP Unit 3 partial 
participation exercise.
    Because the VEGP Unit 4 emergency preparedness response 
capabilities and ERO were already demonstrated during a VEGP Unit 3 
partial participation exercise and will continue to be evaluated under 
the 8-calendar-year emergency preparedness exercise cycle for the VEGP 
site, there is no change in risk to public health and safety. 
Therefore, the exemption does not present an undue risk to public 
health and safety.

3. The Exemption Is Consistent With the Common Defense and Security

    The exemption from section IV.F.2.a.(iii) of appendix E to 10 CFR 
part 50 removes the requirement for SNC to perform an emergency 
preparedness exercise at VEGP Unit 4 prior to initial fuel load. The 
licensee's successful completion of the Unit 3 partial participation 
exercise demonstrates the adequacy of

[[Page 26555]]

emergency preparedness response capabilities and ERO for both Units 3 
and 4. Units 3 and 4 would also be incorporated into the 8-calendar-
year emergency preparedness exercise cycle for the VEGP site. In 
addition, this exemption does not involve changes to the SNC Standard 
Emergency Plan or the VEGP Units 3 and 4 Standard Emergency Plan Annex 
and has no impact on plant security or safeguards. Therefore, the NRC 
staff has determined that this exemption does not affect the common 
defense and security.

4. Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), 
are present whenever application of the regulation in the particular 
circumstances would not serve the underlying purpose of the rule or is 
not necessary to achieve the underlying purpose of the rule. Section 
IV.F.2.a.(iii) of appendix E to 10 CFR part 50 requires, in part, that 
an emergency preparedness exercise be conducted for each subsequent 
reactor constructed on an existing reactor site. The underlying purpose 
of section IV.F.2.a.(iii) of appendix E to 10 CFR part 50 for VEGP Unit 
4 is to ensure that an adequate state of emergency preparedness 
response capability exists for VEGP Unit 4 through the conduct of an 
emergency preparedness exercise prior to Unit 4 initial fuel load. In 
addition, as the Commission described in the statement of consideration 
for the 2007 final rule (72 FR 49351, 49401, August 28, 2007) that 
added section IV.F.2.a.(iii) to appendix E to 10 CFR part 50, the 
requirement for emergency preparedness exercises for each subsequent 
reactor constructed at a site was intended to provide for the 
demonstration of ITAAC for various emergency preparedness requirements 
(e.g., programs and facilities) that did not warrant their own 
specific, detailed ITAAC (separate from the exercise).
    The exemption removes the requirement to perform an emergency 
preparedness exercise at VEGP Unit 4 prior to initial fuel load. Since 
all the emergency preparedness exercise ITAAC for VEGP Unit 4 were 
previously deleted by License Amendment 161, and the VEGP Unit 4 
emergency preparedness response capabilities and ERO were demonstrated 
during the Unit 3 partial participation exercise, the underlying 
purpose of section IV.F.2.a.(iii) for the VEGP Unit 4 exercise is met 
under the terms of the exemption. Therefore, the NRC staff has 
determined that the special circumstances required by 10 CFR 
50.12(a)(2)(ii) for the granting of the exemption from section 
IV.F.2.a.(iii) exist because requiring a separate exercise for Unit 4 
is not necessary to meet the underlying purpose of the rule.

5. Environmental Consideration

    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). The requested exemption seeks to remove the 
requirement in section IV.F.2.a.(iii) of appendix E to 10 CFR part 50 
to conduct either a full or partial participation emergency 
preparedness exercise for VEGP Unit 4 prior to its initial fuel load, 
but does not make any physical changes to the facility, the approved 
SNC Standard Emergency Plan, the VEGP Units 3 and 4 Standard Emergency 
Plan Annex, or the facility operating procedures. Under 10 CFR 
51.22(c)(25), granting an exemption from the requirements of any 
regulation of chapter I to 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 scheduling requirements related to 
the performance of an emergency preparedness exercise.
    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?
    No. The exemption to 10 CFR part 50, appendix E, section 
IV.F.2.a.(iii) removes the requirement to perform an emergency 
preparedness exercise at VEGP Unit 4 prior to initial fuel load. The 
exemption does not alter the design, function, or operation of any 
plant equipment and does not involve or interface with any structure, 
system or component (SSC) accident initiator or initiating sequence of 
events, so the probabilities of the accidents evaluated in the Updated 
Final Safety Analysis Report (UFSAR) are not affected. The exemption 
does not allow for a new fission product release path, nor does it 
result in a new fission product barrier failure mode or create a new 
sequence of events that would result in fuel cladding failures. The 
exemption does not involve any safety-related SSCs or functions used to 
mitigate an accident, thus the consequences of the accidents evaluated 
in the UFSAR are not affected. Therefore, granting this exemption does 
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?
    No. The exemption does not alter the design, function, or operation 
of any plant equipment. The exemption does not create any new failure 
mechanisms, malfunctions, or accident initiators. The exemption does 
not affect the operation of any systems or equipment such that a new or 
different kind of accident, failure mode, or malfunction is created, or 
alter any SSC such that a new accident initiator or initiating sequence 
of events is created. 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?
    No. The exemption does not affect an SSC, SSC design function, or 
method of performing or controlling a design function. The exemption 
does not affect safety-related equipment or fission product barriers. 
No safety analysis or design basis acceptance limit or criterion is 
challenged or exceeded by the exemption. The exemption does not involve 
changes to the SNC Standard Emergency Plan or the VEGP Units 3 and 4 
Standard Emergency Plan Annex, and therefore, there is no reduction in 
effectiveness in emergency planning, pursuant to 10 CFR 50.54(q). 
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 
exemption involves no significant hazards consideration.
    The 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, under 10 CFR 
51.22(c)(25)(ii), the NRC staff concludes that the

[[Page 26556]]

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 exemption does not change plant radiation zones, radiological 
effluent release pathways and release quantities, or cause any changes 
to the controls required under 10 CFR part 20 that preclude a 
significant increase in public dose or occupational radiation exposure. 
Therefore, under 10 CFR 51.22(c)(25)(iii), the NRC staff concludes that 
the exemption does not involve a significant increase in individual or 
cumulative public or occupational radiation exposure.
    The exemption does not alter the design, function, or operation of 
any plant equipment. No change to the facility is being made as a 
result of this exemption. Therefore, under 10 CFR 51.22(c)(25)(iv), the 
NRC staff concludes that the exemption does not involve a significant 
construction impact.
    The exemption does not alter the design, function, or operation of 
any plant equipment, and does not involve any safety-related SSCs or 
functions used to mitigate an accident. No change to the facility is 
being made as a result of this exemption. Therefore, under 10 CFR 
51.22(c)(25)(v), the NRC staff concludes that the exemption does not 
involve a significant increase in the potential for or consequences 
from radiological accidents.
    The exemption involves scheduling requirements related to the 
performance of an emergency preparedness exercise. Therefore, under 10 
CFR 51.22(c)(25)(vi)(G), the NRC staff concludes that the exemption 
involves a scheduling requirement.
    Based on the evaluation above, the NRC staff concludes that the 
exemption meets the criteria of 10 CFR 51.22(c)(25). 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. Conclusion

    Based on the above, the NRC staff concludes that, with the VEGP 
Unit 4 exemption from section IV.F.2.a.(iii) of appendix E to 10 CFR 
part 50, there is reasonable assurance that adequate protective 
measures can, and will, be taken in the event of a radiological 
emergency at VEGP Unit 4, and that VEGP Unit 4 continues to demonstrate 
compliance with 10 CFR 50.47(b)(14) and appendix E to 10 CFR part 50.
    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, the exemption is authorized by law, will not present an undue 
risk to the health and safety of the public, and is consistent with the 
common defense and security. Also, special circumstances are present. 
Therefore, given that a partial participation exercise for VEGP Unit 3 
was successfully completed, the Commission has granted SNC an exemption 
from section IV.F.2.a.(iii) of appendix E to 10 CFR part 50, to 
eliminate the requirement to perform an emergency preparedness exercise 
at VEGP Unit 4 prior to its initial fuel load.

    Dated: May 11, 2021.

    For the Nuclear Regulatory Commission.
Gregory T. Bowman,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-10254 Filed 5-13-21; 8:45 am]
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