[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Pages 2906-2907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00732]


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NUCLEAR REGULATORY COMMISSION

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


Vogtle Electric Generating Station, Units 3 and 4; Southern 
Nuclear Operating Company; Liquid Radwaste Consistency Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption and combined license amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an 
exemption to allow a departure from the certification information of 
Tier 1 of the generic design control document (DCD) and is issuing 
License Amendment No. 16 to Combined Licenses (COL), NPF-91 and NPF-92. 
The COLs were issued to Southern Nuclear Operating Company, Inc., and 
Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric 
Authority of Georgia, and the City of Dalton, Georgia (the licensee) 
for construction and operation of the Vogtle Electric Generating Plant 
(VEGP), Units 3 and 4, located in Burke County, Georgia. The amendment 
changes the VEGP Tier 1 (COL Appendix C) Figure 2.3.10-1, Liquid 
Radwaste System (WLS), and Updated Final Safety Analysis Report (UFSAR) 
Tier 2 tables, text and figures to align VEGP Tier 1 with Tier 2 
information provided in the UFSAR and to achieve consistency within 
VEGP Tier 1 material by (1) changing the safety classification of the 
Passive Core Cooling System (PXS) and Chemical and Volume Control 
System (CVS) compartment drain hubs, (2) changing the connection type 
from the PXS Compartments drains A and B to a header to match the 
design description, (3) changing the valve types for three valves in 
the Tier 1 figure to conform to the design description and (4) changing 
depiction of Tier 1 WLS components to conform to Tier 1 Figure 
Conventions.
    The granting of the exemption allows the changes to Tier 1 
information asked for in the license amendment request. Because the 
acceptability of the exemption was determined in part by the 
acceptability of the amendment, the exemption and amendment are being 
issued concurrently.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@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 access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then 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 in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The request for the amendment and exemption were submitted 
by letter dated August 6, 2013 (ADAMS Accession No. ML13219A074). The 
licensee supplemented this request on September 16, 2013 (ADAMS 
Accession No. ML13260A085) and September 27, 2013 (ADAMS Accession No. 
ML13270A423).
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: David H. Jaffe, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1439; email: David.Jaffe@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is granting an exemption from Paragraph B of Section III, 
``Scope and Contents,'' of Appendix D, ``Design Certification Rule for 
the AP1000,'' to part 52 of Title 10 of the Code of Federal Regulations 
(10 CFR) and issuing License Amendment No. 16 to COLs, NPF-91 and NPF-
92, to the licensee. The exemption is required by Paragraph A.4 of 
Section VIII, ``Processes for Changes and Departures,'' Appendix D to 
10 CFR part 52 to allow the licensee to depart from Tier 1 information. 
With the requested amendment, the licensee sought changes to the VEGP 
Tier 1 (COL Appendix C) Figure 2.3.10-1, Liquid Radwaste System (WLS), 
and UFSAR Tier 2 tables, text and figures to align VEGP Tier 1 with 
Tier 2 information provided in the UFSAR and to achieve consistency 
within VEGP Tier 1 material by (1) changing the safety classification 
of the PXS and CVS compartment drain hubs, (2) changing the connection 
type from the PXS Compartments drains A and B to a header to match the 
design description, (3) changing the valve types for three valves in 
the Tier 1 figure to conform to the design description and (4) changing 
depiction of Tier 1 WLS components to conform to Tier 1 Figure 
Conventions.
    Part of the justification for granting the exemption was provided 
by the review of the amendment. Because the exemption is necessary in 
order to issue the requested license amendment, the NRC granted the 
exemption and issued the amendment concurrently, rather than in 
sequence. This included issuing a combined safety evaluation containing 
the NRC staff's review of both the exemption request and the license 
amendment. The exemption met all applicable regulatory criteria set 
forth in 10 CFR 50.12, 10 CFR 52.7, and Section VIII.A.4, 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. ML13308A013.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for Vogtle Units 3 and 
4 (COLs NPF-91 and NPF-92); these documents can be found in ADAMS under

[[Page 2907]]

Accession Nos. ML13308A005 and ML13308A006, respectively. The exemption 
is reproduced (with the exception of abbreviated titles and additional 
citations) in Section II of this document. The amendment documents for 
COLs NPF-91 and NPF-92 are available in ADAMS under Accession Nos. 
ML13305B071 and ML13305B075; respectively. A summary of the amendment 
documents is provided in Section III of this document.

II. Exemption

    Reproduced below is the exemption document issued to Vogtle Units 3 
and 4. It makes reference to the combined safety evaluation that 
provides the reasoning for the findings made by the NRC (and listed 
under Item 1) in order to grant the exemption:
    1. In a letter dated August 6, 2013, and as supplemented by the 
letters dated September 16, 2013, and September 27, 2013, Southern 
Nuclear Operating Company (licensee) requested from the Nuclear 
Regulatory Commission (Commission) an exemption from the provisions of 
Title 10 of the Code of Federal Regulation (10 CFR) Part 52, Appendix 
D, Section III.B, ``Design Certification Rule for the AP1000 Design, 
Scope, and Contents,'' and Tier 1 Figure 2.3.10-1 of the AP1000 Design 
Control Document (DCD) as part of license amendment request (LAR) 13-
015, ``Liquid Radwaste System Consistency Changes.''
    For the reasons set forth in Section 3.1 of the NRC staff Safety 
Evaluation which can be found at ADAMS Accession No. ML13308A013, 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, the licensee is granted an exemption to the 
provisions of 10 CFR part 52, Appendix D, Section III.B, to allow 
deviations from the certified DCD Tier 1, Figure 2.3.10-1 as part of 
license amendment request (LAR) 13-015, ``Liquid Radwaste System 
Consistency Changes.''
    3. As explained in Section 5.0 of the NRC staff Safety Evaluation 
(ADAMS Accession No. ML13308A013), 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 August 6, 2013, the licensee requested that the NRC 
amend the COLs for VEGP, Units 3 and 4, and COLs NPF-91 and NPF-92. The 
licensee supplemented this application on September 16, 2013, and 
September 27, 2013. The proposed amendment changes the VEGP Tier 1 (COL 
Appendix C) Figure 2.3.10-1, WLS, and UFSAR Tier 2 tables, text and 
figures to align VEGP Tier 1 with Tier 2 information provided in the 
UFSAR and to achieve consistency within VEGP Tier 1 material by (1) 
changing the safety classification of the PXS and CVS compartment drain 
hubs, (2) changing the connection type from the PXS Compartments drains 
A and B to a header to match the design description, (3) changing the 
valve types for three valves in the Tier 1 figure to conform to the 
design description and (4) changing depiction of Tier 1 WLS components 
to conform to Tier 1 Figure Conventions.
    The Commission has determined for these amendments that the 
application complies with the standards and requirements of the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's rules 
and regulations. The Commission has made appropriate findings as 
required by the Act and the Commission's rules and regulations in 10 
CFR Chapter I, which are set forth in the license amendment.
    A notice of consideration of issuance of amendment to facility 
operating license or combined license, as applicable, proposed no 
significant hazards consideration determination, and opportunity for a 
hearing in connection with these actions, was published in the Federal 
Register on September 3, 2013 (78 FR 54288). The September 16, 2013, 
and September 27, 2013, supplements had no effect on the no significant 
hazards consideration determination, and no comments were received 
during the 60-day comment period.
    The Commission has determined that these amendments satisfy the 
criteria for categorical exclusion in accordance with 10 CFR 
51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental 
impact statement or environmental assessment need be prepared for these 
amendments.

IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the 
staff granted the exemption and issued the amendment that the licensee 
requested on August 6, 2013, and supplemented by letters dated 
September 16 and September 27, 2013. The exemptions and amendments were 
issued to the licensee on December 5, 2013 as part of a combined 
package (ADAMS Accession No. ML13305B061). In the course of the 
issuance of Amendment 16 and the associated exemptions, an error was 
made in the date of the initial application; the date which appeared as 
``August 16, 2013'' should have been ``August 6, 2013.'' The NRC 
corrected Amendment No. 16 and the associated exemptions for VEGP Units 
3 and 4 in a letter dated December 24, 2013 (ADAMS Accession No. 
ML13354B940). The ADAMS Accession numbers for the corrected exemptions 
and amendments are unchanged.

    Dated at Rockville, Maryland, this 9th day of January 2014.

    For the Nuclear Regulatory Commission.
Lawrence J. Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2014-00732 Filed 1-15-14; 8:45 am]
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