Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant Units 3 and 4, 73809-73815 [2021-28129]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73809-73815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28129]


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NUCLEAR REGULATORY COMMISSION

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


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is issuing an exemption from the Commission's regulations in response 
to a November 5, 2021, request, as supplemented by letter dated 
November 12, 2021, from Southern Nuclear Operating Company, Inc. (SNC), 
as applicable to Vogtle Electric Generating Plant (VEGP) Units 3 and 4. 
Specifically, SNC requested a schedular exemption from NRC 
requirements, which require, in part, a holder of a combined license 
(COL) after the Commission finds that the acceptance criteria in the 
COL are met for the unit to implement all fitness for duty (FFD) 
requirements, except for certain FFD requirements for construction, 
before the receipt of special nuclear material in the form of fuel 
assemblies. Approval of this exemption would allow VEGP Units 3 and 4 
to delay implementation of the requirements of an FFD program that 
meets all FFD requirements, except for certain FFD requirements for 
construction, until a point before each unit's initial fuel load into 
the reactor.

DATES: The exemption was issued on December 21, 2021.

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 letters dated November 5 and 12, 2021, and 
are available in ADAMS under Package Accession Nos. ML21309A545 and 
ML21316A254, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North,

[[Page 73810]]

11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment 
to visit the PDR, please send an email to [email protected] or call 
1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Billy Gleaves, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5848; email: [email protected]nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    SNC, Georgia Power Company, Oglethorpe Power Corporation, MEAG 
Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, and the 
City of Dalton, Georgia are the holders of facility COL Nos. NFP-91 and 
NPF-92, which authorize the construction and operation of VEGP Units 3 
and 4. The facilities consist of two Westinghouse Electric Company 
(Westinghouse) AP1000 pressurized-water reactors located in Burke 
County, Georgia. The licenses are subject to the rules, regulations, 
and orders of the NRC.
    Title 10 of the Code of Federal Regulations (10 CFR) paragraph 
52.79(a)(44) requires a COL applicant, including for VEGP Units 3 and 
4, to include in its final safety analysis report a description of its 
FFD program required by 10 CFR part 26 and its implementation. For VEGP 
Units 3 and 4, the NRC approved SNC's description of the FFD program 
and its implementation when it issued the COLs.
    As discussed in more detail later, 10 CFR part 26 establishes FFD 
requirements for construction that are less rigorous than the FFD 
requirements for operation. Section 26.3(a) specifies when a licensee 
is subject to the more rigorous operational FFD requirements, while 10 
CFR 26.3(c) specifies when a licensee is subject to the less rigorous 
construction FFD requirements. SNC's requested exemption from certain 
milestones in 10 CFR 26.3(a) and (c) seeks to extend the applicability 
of the construction FFD requirements and to delay implementation of the 
operational FFD requirements until a point before initial fuel load. 
Initial fuel load is the first step in licensed operational activities 
for VEGP Units 3 and 4; initial fuel load is also the point at which 
radiological consequences can increase.
    Sections 26.3(a) and (c) broadly address the applicability of FFD 
requirements to COL holders. Section 26.4 builds on this by specifying 
particular FFD requirements for categories of individuals based on 
their roles (e.g., performing security duties) or the presence of 
specified conditions (e.g., a nuclear power reactor protected area has 
been established). In doing this, 10 CFR 26.4 also references the 
licensees and other entities in 10 CFR 26.3. For example, 10 CFR 
26.4(a) applies to ``licensees in Sec.  26.3(a) and, as applicable, 
(c).''
    SNC is not seeking an exemption from any part of 10 CFR 26.4. SNC's 
requested exemption is limited to certain milestones in 10 CFR 26.3(a) 
and (c). Because the requirements of 10 CFR 26.4(a), (b), (c), and (g) 
can apply to licensees identified in Sec.  26.3(a) or 26.3(c), SNC's 
exemption request does not affect how 10 CFR 26.4(a), (b), (c), and (g) 
would apply to VEGP Units 3 and 4. However, 10 CFR 26.4(e) applies only 
to licensees and other entities identified in 10 CFR 26.3(c). Also, as 
discussed later in this notice, 10 CFR 26.4(f) allows a licensee or 
other entity to implement the construction FFD provisions in 10 CFR 
part 26, subpart K, and these provisions are applicable only to a COL 
holder subject to 10 CFR 26.3(c), not 10 CFR 26.3(a). Thus, SNC's 
exemption request would extend the FFD requirements applicable to the 
categories of individuals specified in 10 CFR 26.4(e) and (f) to before 
initial fuel load, and the staff's evaluation focuses on these 
regulatory provisions.
    For COL holders under 10 CFR part 52, their FFD program implemented 
during construction must either: (1) Implement all requirements in 10 
CFR part 26, except for the requirements in subparts I, ``Managing 
Fatigue,'' and K, ``FFD Program for Construction,'' for those 
individuals identified in 10 CFR 26.4(e) and (f); or (2) implement two 
FFD programs, one that implements all 10 CFR part 26 requirements, 
except for those requirements in subparts I and K, for those 
individuals identified in 10 CFR 26.4(e), and a second program that 
implements the requirements in 10 CFR part 26, subpart K, for those 
individuals identified in 10 CFR 26.4(f). SNC has elected to implement 
the latter approach--implementation of two FFD programs.
    As required by 10 CFR part 26, SNC implemented its construction FFD 
programs prior to commencing construction activities. ``Construction 
activities'' is defined in 10 CFR 26.5, ``Definitions,'' as ``the tasks 
involved in building a nuclear power plant that are performed at the 
location where the nuclear power plant will be constructed and 
operated. These tasks include fabricating, erecting, integrating, and 
testing safety- and security-related SSCs [structures, systems, or 
components], and the installation of their foundations, including the 
placement of concrete.'' The construction FFD program requirements 
apply to the construction of the VEGP Units 3 and 4 facility as 
detailed in 10 CFR 26.3, ``Scope.'' Section 26.3(c) states that 
``[b]efore the receipt of special nuclear material in the form of fuel 
assemblies, the following licensees and other entities shall comply 
with the requirements of this part, except for subpart I of this part; 
and, no later than the receipt of special nuclear material in the form 
of fuel assemblies, the following licensees and other entities shall 
comply with the requirements in this part . . .'' Paragraph (c)(2) of 
this section lists ``[c]ombined license holders (under Part 52 of this 
chapter) before the Commission has made the finding under Sec.  
52.103(g).'' The 10 CFR 52.103(g) finding is a finding by the 
Commission that all the acceptance criteria in the COL are met, except 
for those acceptance criteria that the Commission found were met under 
10 CFR 52.97(a)(2).\1\ After the 10 CFR 52.103(g) finding the licensee 
may begin operation, including loading fuel, in accordance with the 
conditions of the license. The NRC has not yet made the 10 CFR 
52.103(g) finding for VEGP Units 3 and 4, so the 10 CFR part 26 
requirements specified in 10 CFR 26.3(c) currently apply to VEGP Units 
3 and 4.
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    \1\ These acceptance criteria are part of the inspections, 
tests, analyses, and acceptance criteria (ITAAC) in the COL.
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    During construction, the FFD programs at VEGP Units 3 and 4 must 
apply to individuals who have certain roles and responsibilities (i.e., 
perform or direct certain activities) that have been determined to be 
important to the construction of an NRC-licensed nuclear power 
facility. Section 26.4 lists those categories of individuals subject to 
an FFD program. For example, 10 CFR 26.4(e) states that ``[w]hen 
construction activities begin, any individual whose duties for the 
licensees and other entities in Sec.  26.3(c) require him or her to 
have the following types of access or perform the following activities 
at the location where the nuclear power plant will be constructed and 
operated shall be subject to an FFD program that meets all of the 
requirements of this part, except subparts I and K of this part.'' 
Paragraph (e) includes, as relevant to this exemption for VEGP Units 3 
and 4, those individuals who: (1) ``serve as security personnel 
required by the NRC, until the licensees or other entities

[[Page 73811]]

receive special nuclear material in the form of fuel assemblies, at 
which time individuals who serve as security personnel required by the 
NRC must meet the requirements applicable to security personnel in 
paragraph (a)(5) of this section;'' (2) perform quality assurance (QA), 
quality control (QC), or quality verification (QV) activities related 
to safety- or security-related construction activities; (3) witnesses 
or determines inspections, tests, and analyses certification required 
under 10 CFR part 52; or (4) supervises or manages the construction of 
safety- or security-related SSCs. Also, 10 CFR 26.4(f) states that 
``[a]ny individual who is constructing or directing the construction of 
safety- or security-related SSCs shall be subject to an FFD program 
that meets the requirements of subpart K of this part, unless the 
licensee or other entity subjects these individuals to an FFD program 
that meets all of the requirements of this part, except for subparts I 
and K of this part.''
    With respect to operation, a more robust set of 10 CFR part 26 
requirements must be implemented for all site workers who are granted 
unescorted access to the protected area because the radiological risk 
consequences associated with irradiated nuclear fuel are significantly 
greater than unirradiated fuel. The regulatory milestones defining this 
transition are provided in 10 CFR 26.3(a). This paragraph states, in 
pertinent part, that ``holders of a COL under 10 CFR part 52 after the 
Commission has made the finding under 10 CFR 52.103(g) shall comply 
with the requirements of this part, except for subpart K of this part'' 
and ``holders of a COL under 10 CFR part 52 after the Commission has 
made the finding under 10 CFR 52.103(g) shall implement the FFD program 
before the receipt of special nuclear material in the form of fuel 
assemblies.''
    As of the dates of its request for exemption, SNC is completing 
construction activities and readying the VEGP Units 3 and 4 facilities 
for operation. The principal near-term milestone SNC intends to achieve 
is completing all activities necessary to enable the Commission to make 
a finding under 10 CFR 52.103(g) after which the licensee is authorized 
to operate the facility, including loading fuel, in accordance with the 
terms and conditions of the license.

II. Request/Action

    Pursuant to 10 CFR 26.9, ``Specific exemptions,'' by letter dated 
November 5, 2021 (ADAMS Package Accession No. ML21309A545), as 
supplemented by letter dated November 12, 2021 (ADAMS Package Accession 
No. ML21316A254), SNC requested a schedular exemption from the 
requirements of 10 CFR 26.3(a) to allow SNC to begin implementing an 
FFD program that meets all 10 CFR part 26 requirements, except for 
those requirements in subpart K, for each unit, at a point after the 
Commission makes its finding under 10 CFR 52.103(g) and prior to the 
start of that unit's initial fuel load into the reactor, and a 
schedular exemption from 10 CFR 26.3(c)(2) to allow SNC to implement 
the construction FFD program after the 10 CFR 52.103(g) finding for 
each unit and before the start of that unit's initial fuel load into 
the reactor.
    Paragraph 26.3(a) states, in part, that holders of a COL under 10 
CFR part 52 after the Commission has made the finding under 10 CFR 
52.103(g) shall comply with the requirements of 10 CFR part 26, except 
for subpart K. Paragraph 26.3(a) also states that COL holders after the 
10 CFR 52.103(g) finding shall implement the FFD program before the 
receipt of special nuclear material (SNM) in the form of fuel 
assemblies. In the section-by-section analysis for the 2008 final rule 
establishing the 10 CFR 26.3(a) requirements (73 FR 16997; March 31, 
2008), the NRC clarified that subpart K does not apply to the licensees 
and other entities specified in 10 CFR 26.3(a) because only entities 
specified in 10 CFR 26.3(c) are permitted to implement an FFD program 
under the more flexible requirements in subpart K. The NRC analysis for 
the 2008 final rule explained the implementation requirement in 10 CFR 
26.3(a) by stating that ``once fuel assemblies have arrived on site, 
the full range of potential risks to public health and safety and the 
common defense and security that Part 26 is designed to avert are 
possible. Therefore, the NRC believes that a more rigorous FFD program 
must be in place at this time.''
    This statement associating the ``full range of potential risks'' 
with the arrival of fuel assemblies onsite was made in the context of 
explaining the implementation provision in 10 CFR 26.3(a), which 
applies to a COL holder only after the 10 CFR 52.103(g) finding has 
been made. The FFD regulations also address receipt of fuel assemblies 
onsite before the 10 CFR 52.103(g) finding. Specifically, 10 CFR 
26.3(c) allows the more flexible subpart K requirements to apply to COL 
holders before the 10 CFR 52.103(g) finding, even when fuel assemblies 
have been received onsite. Thus, it is not the receipt of fuel 
assemblies in isolation that subjects a COL holder to the more rigorous 
FFD requirements. Rather, it is the presence of fuel assemblies onsite 
after the 10 CFR 52.103(g) finding is made that subjects a COL holder 
to the more rigorous FFD requirements. Because the 10 CFR 52.103(g) 
finding has the effect of allowing a COL holder to load fuel in 
accordance with the conditions of the license, it is apparent that the 
Commission's purpose was to ensure that the more rigorous FFD 
requirements were implemented before initial fuel load. This makes 
sense because the radiological risk associated with irradiated nuclear 
fuel is significantly greater than that associated with unirradiated 
fuel. The Commission accomplished its purpose by tying the 
implementation of the more rigorous FFD requirements to an NRC finding 
having the effect of allowing fuel load in coincidence with the 
presence onsite of unirradiated fuel that could then be loaded into the 
reactor. However, while a COL holder might immediately load 
unirradiated fuel into the reactor upon receipt of the 10 CFR 52.103(g) 
finding, SNC has submitted its exemption request to address an 
anticipated period of time between the 10 CFR 52.103(g) finding and 
initial fuel load for VEGP Units 3 and 4.

III. Discussion

    Pursuant to 10 CFR 26.9, ``Specific exemptions,'' ``[u]pon 
application of any interested person or on its own initiative, the 
Commission may grant such exemptions from the requirements of the 
regulations in this part as it determines are authorized by law and 
will not endanger life or property or the common defense and security, 
and are otherwise in the public interest.''

A. The Exemption Is Authorized by Law

    A proposed exemption under 10 CFR 26.9 is authorized by law if it 
will not endanger life or property or the common defense and security 
and is otherwise in the public interest, and no other provisions in law 
prohibit, or otherwise restrict, its application. The NRC has reviewed 
the exemption request and finds that granting the proposed exemption 
will not result in a violation of the Atomic Energy Act of 1954, as 
amended, or other laws. As discussed later, the NRC also finds that the 
other requirements for an exemption under 10 CFR 26.9 are met. 
Accordingly, the NRC finds that the exemption is authorized by law.

B. The Exemption Will Not Endanger Life or Property

    The exemption from the 10 CFR 26.3(a) and (c)(2) requirements would 
allow SNC to continue to be subject to

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10 CFR 26.3(c), and not be subject to 10 CFR 26.3(a), until a point 
prior to initial fuel load into the reactor. SNC stated that the 
``proposed exemption does not introduce any new industrial, chemical, 
or radiological hazards that would present a public health or safety 
risk, nor does it modify or remove any design or operational controls, 
or safeguards intended to mitigate any existing on-site hazards.'' 
Furthermore, the licensee stated that the ``proposed exemption would 
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 would result in fuel cladding failures. Accordingly, this 
proposed exemption does not present an undue risk from any existing or 
proposed equipment or systems.''
    The schedular exemption does not request any relaxation in the FFD 
program requirements in 10 CFR part 26, subpart K, as applied to those 
categories of individuals described in 10 CFR 26.4(f), nor does it 
request relaxation of those 10 CFR part 26 requirements applicable to 
the categories of individuals identified in 10 CFR 26.4(e). The 
exemption has the effect of extending the applicability of 10 CFR 
26.4(e) and (f) for a period during the interval between the 10 CFR 
52.103(g) finding and initial fuel load for each unit. Based on the 
explanation earlier in this document, the staff concludes that delaying 
implementation of the more rigorous FFD requirements to a point before 
initial fuel load is consistent with the underlying purpose of the 
rule. Therefore, the licensee's FFD program will continue to provide 
reasonable assurance that individuals under 10 CFR 26.4(e) and (f) are 
trustworthy and reliable as demonstrated by the avoidance of substance 
abuse and are not under the influence of any substance, legal or 
illegal, or mentally or physically impaired from any cause, which in 
any way adversely affects their ability to safely and competently 
perform their duties. Also, the FFD program will continue to provide 
reasonable assurance that measures are implemented for the early 
detection of individuals who are not fit to perform the duties that 
require them to be subject to the FFD program and that the workplaces 
subject to 10 CFR part 26 are free from the presence and effects of 
illegal drugs and alcohol. Accordingly, the NRC finds that the 
exemption will not endanger life or property.

C. The Exemption Will Not Endanger the Common Defense and Security

    The schedular exemption from the 10 CFR 26.3(a) and (c)(2) 
requirements would allow SNC to continue to be subject to 10 CFR 
26.3(c), and not be subject to 10 CFR 26.3(a), until a point prior to 
initial fuel load into the reactor. The licensee stated that ``during 
the window between the 10 CFR 52.103(g) finding and initial fuel 
loading into the reactor safety and security risks, as well as 
radiological consequences, associated with unirradiated nuclear fuel 
have not increased since the fuel assemblies on-site continue to remain 
outside the reactor vessel.'' SNC also stated that ``[d]uring the 
period between the 10 CFR 52.103(g) finding milestone and the milestone 
of commencing fuel loading into the reactor vessel, portions of SNC's 
NRC-approved Physical Security Plan are implemented as required to 
provide the necessary protection for the common defense and security.''
    The unirradiated nuclear fuel to be used at VEGP Units 3 and 4 is a 
Category III quantity of SNM. Because of the low enrichment of this 
type of SNM, the unirradiated reactor fuel poses no significant risk to 
public health and safety and would not be inimical to the common 
defense and security--this remains true both in dry storage and during 
movement to a different dry location on-site (e.g., an unirradiated 
``new'' fuel assembly inspection stand). Without irradiated fuel there 
can be no significant risk to the public health and safety due to core 
damage or spent fuel sabotage.
    Safety and security risks begin to increase when unirradiated 
nuclear fuel is placed in a configuration and environment that enables 
reactor operation. There is also some operational risk if unirradiated 
nuclear fuel is moved from dry storage to wet storage, but this risk is 
mitigated by physical protection, security, operator training and 
qualification, and the safety-related and security-related SSCs 
designed to provide for safe wet storage of unirradiated fuel. The 
licensee is prohibited from loading fuel in the reactor to commence 
operation until after the Commission's finding under 10 CFR 52.103(g), 
and this finding is dependent on licensee completion of ITAAC for 
safety- and security-related SSCs.
    As discussed in an NRC exemption issued for VEGP Units 3 and 4, 
dated November 29, 2021, and published at 86 FR 67734, after the 10 CFR 
52.103(g) finding and before initial loading of fuel into the reactor, 
SNM in the form of nuclear fuel assemblies will continue to be stored 
in a controlled access area and protected in accordance with the 
requirements of SNC's NRC-approved 10 CFR 73.67 special nuclear 
material physical protection program. Prior to moving fuel outside the 
controlled access area (i.e., from the auxiliary building to 
containment in support of fuel load), the requirements of 10 CFR 73.55 
physical protection and 10 CFR 73.56 access authorization programs will 
be implemented.
    The exemption does not remove or relax any requirement for the 
design, construction, inspection, test, acceptance, maintenance, or 
operation of a physical protection system which will have capabilities 
for the protection of SNM at this fixed site and in transit or any 
safeguards system designed to protect against acts of radiological 
sabotage. Specifically, the exemption does not change the physical 
protection systems designed to detect, delay, and mitigate the threat 
or protect sensitive information or safety- or security-related SSCs, 
nor will the exemption relax the safeguarding of sensitive information. 
The exemption also does not alter the design, function, or operation of 
any safety-related SSC that is necessary to maintain a safe and secure 
status of the plant. Further, the exemption does not alter or otherwise 
invalidate any ITAAC closure notifications, which would have been 
submitted to, and accepted by, the NRC staff in advance of the 
Commission's 10 CFR 52.103(g) finding.
    Changing the 10 CFR 26.3(a) and (c)(2) FFD program implementation 
milestones to before initial fuel load into the reactor would not 
endanger the common defense and security principally because SNC's 
proposal does not result in a change that diminishes the physical 
protection plans, policies, procedures, or security-related SSCs or 
programs at the site. Accordingly, the NRC finds that the exemption 
will not endanger the common defense and security.

D. The Exemption Is Otherwise in the Public Interest

    In its letters dated November 5 and 12, 2021, SNC stated, in part, 
that the public has an interest in the efficient execution of 
regulatory activities. Specifically, the licensee stated that 
``[r]equiring construction workers under subpart K to meet alternate 
and additional 10 CFR part 26 requirements to continue working after 
the 10 CFR 52.103(g) finding would impose an unnecessary burden on both 
the construction workers and the administrative staff due to the 
additional work needed to meet the appropriate elements of 10 CFR part 
26

[[Page 73813]]

subpart B (i.e., beyond the portions addressed in subpart K) and 
subpart C. This would ultimately result in additional cost and loss of 
efficiency.'' Further, SNC stated that ``during the window between the 
10 CFR 52.103(g) finding and initial fuel loading into the reactor 
vessel[,] safety and security risks, as well as radiological 
consequences, associated with unirradiated nuclear fuel have not 
increased since the fuel assemblies on-site continue to remain outside 
the reactor vessel. There is also a significant reduction in the 
number, type, and complexity of construction activities being performed 
since the 10 CFR 52.103(g) finding reflects completion of all ITAAC.''
    The NRC has established a risk-informed FFD regulatory framework. 
Its requirements are applied to licensees and other entities 
commensurate with the safety or security significance of the 
construction, operation, maintenance, surveillance, or QA activities 
being conducted at any NRC-licensed facility that is subject to 10 CFR 
part 26. This is demonstrated by the FFD requirements in subpart K that 
are applicable to those categories of individuals in 10 CFR 26.4(f) who 
construct or direct the construction of safety- or security-related 
SSCs, and the FFD requirements in subparts A-H, N, and O that are 
applicable to those categories of individuals in 10 CFR 26.4(e). Also, 
as explained previously, the Commission's apparent purpose in 
establishing the implementation milestone in 10 CFR 26.3(a) was to 
ensure that the more rigorous FFD requirements for operation would be 
implemented after the Commission's 10 CFR 52.103(g) finding and before 
initial fuel load. While a licensee may load fuel upon receipt of the 
10 CFR 52.103(g) finding, SNC anticipates that there will be a period 
of time between the 10 CFR 52.103(g) finding and initial fuel load for 
VEGP Units 3 and 4. Thus, delaying implementation of the more rigorous 
FFD requirements for operation for each unit to a point before initial 
fuel load for that unit addresses the specific circumstances of VEGP 
Units 3 and 4 and is consistent with the underlying purpose of the 
rule.
    Further, based on operating experience and associated insights 
learned from the construction of VEGP Units 3 and 4 and Virgil C. 
Summer Units 2 and 3, the NRC staff reassessed the risks presented 
during the construction of nuclear power reactors and determined that 
the radiological consequences associated with unirradiated nuclear fuel 
have not increased during the period between the 10 CFR 52.103(g) 
finding and initial fuel load since the fuel assemblies stored on-site 
continue to remain outside the reactor. This NRC staff determination is 
in the NRC staff's regulatory basis for public comment titled, 
``Alignment of Licensing Processes and Lessons Learned from New Reactor 
Licensing,'' dated January 15, 2021 (ADAMS Accession No. ML20149K680). 
Although the NRC has not yet changed its regulations based on this 
regulatory basis for public comment, the determination therein is 
consistent with the conclusions stated previously.
    The NRC has determined that approval of the exemption would 
contribute to regulatory efficiency in that the licensee's construction 
workforce would not be unnecessarily subject to an FFD program that 
meets all 10 CFR part 26 requirements, except for those requirements in 
subpart K, until initial fuel load into the reactor. In accordance with 
the discussion of ``Efficiency'' in the NRC's Principles of Good 
Regulation, ``[r]egulatory activities should be consistent with the 
degree of risk reduction they achieve. Where several effective 
alternatives are available, the option which minimizes the use of 
resources should be adopted.'' Granting the requested exemption is in 
the public interest, in part, because it will result in FFD 
requirements that are consistent with the degree of risk reduction 
achieved and it avoids the use of licensee resources, in comparison 
with the FFD requirements that would apply if the exemption were not 
granted, in an instance where the additional use of resources would not 
result in an additional benefit to safety. Granting the exemption helps 
reduce licensee and NRC costs and focuses licensee effort on activities 
that contribute to safely completing construction and transitioning to 
reactor operation.
    Currently, the licensee is, in part, manufacturing, fabricating, 
placing, erecting, installing, and modifying SSCs needed for power 
reactor operation. These SSCs may either be safety- or security-related 
or not. The SNC-proposed exemption would apply to these types of 
construction activities and apply to those individuals identified in 10 
CFR 26.4(f), who are subject to an FFD program that meets the 
requirements of 10 CFR part 26, subpart K. With approval of this 
exemption, the licensee may maintain this subpart K FFD program until a 
point before initial fuel load into the reactor. Based on operating 
experience and NRC oversight, there is no change in the conduct of 
construction activities being performed by those individuals identified 
in 10 CFR 26.4(f) that would warrant the implementation of an FFD 
program that meets all 10 CFR part 26 requirements, except for those in 
subpart K. This conclusion aligns with SNC statements that construction 
activities being performed after the Commission's 10 CFR 52.103(g) 
finding are expected to include construction activities, ``such as 
finalizing non-ITAAC related portions of the plant, paving of roads, 
moving trailers and temporary structures, etc.''
    Currently, SNC is also implementing QA, QC, QV, and ITAAC closure 
activities to provide assurance that SSCs can meet their intended 
design and safety and security functions to support reactor operation. 
These activities are subject to 10 CFR 26.4(e) and separate from the 
construction activities subject to 10 CFR 26.4(f) that are described in 
the preceding paragraph. These QA, QC, QV, and ITAAC closure activities 
are of a higher importance because they provide defense-in-depth in 
assuring that the SSCs will perform their intended function(s). For 
example, prior to declaring that safety-related systems (such as the 
shield building and passive residual heat removal heat exchanger) are 
ready to support reactor operation, SNC will implement and complete, in 
part, applicable tests as identified in its initial test program and 
assigned ITAAC. A similar defense-in-depth strategy is provided for 
security-related systems, such as the protected area boundary and 
intrusion detection system, required by 10 CFR 73.55. These individuals 
and others described in 10 CFR 26.4(e) are subject to all 10 CFR part 
26 requirements, except those in subparts I and K.\2\ With the approval 
of this exemption, the licensee will maintain this FFD program until 
initial fuel load into the reactor. Based on operating experience and 
continuous NRC oversight, there is no change in the conduct of 
activities being performed by the individuals in 10 CFR 26.4(e) that 
would warrant the implementation of an FFD program that meets all part 
26 requirements, except for those in subpart K. In summary, until a 
point before the initial loading of fuel into the reactor for each 
unit, the licensee will continue to implement its FFD programs as 
required by the regulations, construction activities will not 
significantly change in a manner that warrants a more robust FFD 
program,

[[Page 73814]]

and the radiological risk profile at the site will not change.
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    \2\ Except that, once the licensee receives fuel assemblies, 10 
CFR 26.4(e)(1) provides that security personnel required by the NRC 
must meet the requirements applicable to security personnel 
identified in 10 CFR 26.4(a)(5).
---------------------------------------------------------------------------

    If the NRC were to disapprove the requested exemption, SNC would be 
required to transition their construction site workforce described in 
10 CFR 26.4(f) into an FFD program that would include the requirements 
in 10 CFR part 26, subpart B, ``Program Elements;'' subpart C, 
``Granting and Maintaining Authorization;'' and subpart I, ``Managing 
Fatigue.'' Additionally, the individuals described in 10 CFR 26.4(e), 
who are already subject to subparts B and C, would be subject to 
subpart I. Implementation of these subparts would not be based on the 
current risk profile presented at VEGP Units 3 and 4. Furthermore, the 
implementation of these requirements would be costly and burdensome on 
the licensee. This cost and burden would occur because the licensee 
would be required, in part, to: Develop and maintain a prescriptive FFD 
policy, procedure, and training and auditing program; collect and 
evaluate an individual's employment history and self-disclosure of 
potentially disqualifying information; and implement a prescriptive 
fatigue management program.
    Therefore, the cost and burden to implement an FFD program that 
meets all 10 CFR part 26 requirements, except those requirements in 
subpart K, is not justified, and granting the exemption is consistent 
with the NRC's Principles of Good Regulation.
    Based on the foregoing, the NRC finds that the exemption is 
otherwise in the public interest.

E. Environmental Considerations

    As discussed later, the NRC has determined that granting this 
exemption from the requirements of 10 CFR 26.3(a) and 10 CFR 26.3(c)(2) 
meets the criteria for a categorical exclusion in 10 CFR 51.22(c)(25) 
because (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 
exemption is from scheduling requirements.
    The granting of this exemption involves no significant hazards 
consideration (as defined by 10 CFR 50.92(c)) because:
     The exemption does not alter the design, function, or 
operation of any plant equipment; therefore, granting the exemption 
would not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
     The exemption does not alter the design, function, or 
operation of any plant equipment or create any new failure mechanisms, 
malfunctions, or accident initiators. Therefore, granting the exemption 
would not create the possibility of a new or different kind of accident 
from any accident previously evaluated.
     The exemption does not adversely affect any 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. 
Therefore, granting the exemption would not involve a significant 
reduction in a margin of safety.
     The requested exemption does not alter the design, 
function, or operation of any plant equipment, and there are no changes 
to effluent types, plant radiological or non-radiological effluent 
release quantities, any effluent release path, or the functionality of 
any design or operational features credited with controlling the 
release of effluents during plant operation or construction. Therefore, 
the proposed exemption does not involve a significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
     There are no changes to plant radiation zones, nor any 
change to controls required under 10 CFR part 20 that preclude a 
significant increase in individual or cumulative public or occupational 
radiation exposure. Therefore, the proposed exemption does not involve 
a significant increase in individual or cumulative public or 
occupational radiation exposure.
     The requested exemption does not alter the materials or 
methods for constructing or testing of any SSCs, and there is no change 
to the design or construction of the facility that is being made as a 
result of this exemption. Therefore, the proposed exemption does not 
involve a significant construction impact.
    Finally, the NRC determined, per 10 CFR 51.22(c)(25)(vi)(G), that 
the requirements from which the exemption is sought involve scheduling 
requirements because 10 CFR 26.3(a) and 10 CFR 26.3(c)(2) govern when 
the requirements of 10 CFR part 26 must be implemented. Accordingly, 
the exemption meets the eligibility criteria for categorical exclusion 
set forth in 10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR 
51.22(b), no environmental impact statement or environmental assessment 
need be prepared in connection with granting the requested exemption.

F. Granting of Exemption

    For the reasons stated previously, the Commission is granting the 
following exemption for VEGP Units 3 and 4 because it has determined 
that, pursuant to 10 CFR 26.9, the exemption is authorized by law, will 
not endanger life or property or the common defense and security, and 
is otherwise in the public interest:
     Effective immediately, the Commission hereby grants SNC an 
exemption for VEGP Unit 3 from the schedule requirements of 10 CFR 
26.3(a) and 10 CFR 26.3(c)(2) to allow SNC to begin implementing an FFD 
program that meets all requirements in 10 CFR part 26, except those 
requirements in subpart K, at a point after the Commission makes its 
finding under 10 CFR 52.103(g) for Unit 3 and prior to the start of 
Unit 3's initial fuel load into the reactor. This would allow SNC to 
continue implementation of its construction FFD program for those 
individuals in 10 CFR 26.4(e) and (f) after the Commission makes its 
finding under 10 CFR 52.103(g) and prior to the start of Unit 3's 
initial fuel load into the reactor. The exemption for VEGP Unit 3 
expires when SNC begins implementing the requirements of 10 CFR part 26 
for VEGP Unit 3, except for the requirements in subpart K, which must 
occur before initial fuel load for VEGP Unit 3.
     Effective immediately, the Commission hereby grants SNC an 
exemption for VEGP Unit 4 from the schedule requirements of 10 CFR 
26.3(a) and 10 CFR 26.3(c)(2) to allow SNC to begin implementing an FFD 
program that meets all requirements in 10 CFR part 26, except for the 
requirements in subpart K, at a point after the Commission makes its 
finding under 10 CFR 52.103(g) for Unit 4 and prior to the start of 
Unit 4's initial fuel load into the reactor. This would allow SNC to 
continue implementation of its construction FFD program for those 
individuals in 10 CFR 26.4(e) and (f) after the Commission makes its 
finding under 10 CFR 52.103(g) and prior to the start of Unit 4's 
initial fuel load into the reactor. The exemption for VEGP Unit 4 
expires when SNC begins implementing the requirements of 10 CFR part 26 
for VEGP Unit 4, except for the requirements in subpart K, which must

[[Page 73815]]

occur before initial fuel load for VEGP Unit 4.

    Dated: December 21, 2021.

    For the Nuclear Regulatory Commission.
Gregory T. Bowman,
Director, Vogtle Project Office, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-28129 Filed 12-27-21; 8:45 am]
BILLING CODE 7590-01-P