[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Pages 24460-24462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09879]


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NUCLEAR REGULATORY COMMISSION

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


Vogtle Electric Generating Plant, Units 3 and 4; Southern Nuclear 
Operating Company; Turbine Building Battery Room and Electrical 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 issuing License 
Amendment No. 18 to Combined Licenses (COL), NPF-91 and NPF-92. The 
COLs were issued to Southern Nuclear Operating Company (SNC), Georgia 
Power Company, Oglethorpe Power Corporation, Municipal Electric 
Authority of Georgia, and City of Dalton, Georgia (the licensee), for 
construction and operation of the Vogtle Electric Generating Plant 
(VGEP), Units 3 and 4, located in Burke County, Georgia. The amendment 
revises the UFSAR by making changes to the Non-Class 1E dc and 
Uninterruptible Power Supply System (EDS) and Class 1E dc and 
Uninterruptible Power Supply System (IDS) and making changes to the 
corresponding Tier 1 information in Appendix C to the Combined 
Licenses.
    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.

ADDRESSES: Please refer to Docket ID NRC-2008-0252 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, 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

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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 July 10, 2013 (ADAMS Accession No. ML13192A216) 
(original application was submitted on March 15, 2013 (ADAMS Accession 
No. ML13077A072)) and supplemented by a letter dated April 11, 2013 
(ADAMS Accession No. ML13101A370). The licensee supplemented this 
request by letters dated August 16 (ADAMS Accession No. ML13233A109), 
and December 11, 2013 (ADAMS Accession No. ML13345A274), and February 
3, 2014 (ADAMS Accession No. ML14034A157).
     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: Ravindra Joshi, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6191; email: Ravindra.Joshi@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. 18 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) Tables 2.6.2-1, 2.6.2-2, 2.6.3-1, and 2.6.3-4 
and Figure 2.6.2-1, and to the UFSAR (Tier 2 material) by making 
changes to the Non-Class 1E dc and EDS and Class 1E dc and IDS.
    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. 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. ML14065A565.
    Identical exemption documents (except for referenced unit numbers 
and license numbers) were issued to the licensee for VEGP Units 3 and 4 
(COLs NPF-91 and NPF-92). These documents can be found in ADAMS under 
Accession Nos. ML14065A558 and ML14065A561, 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. 
ML14065A554 and ML14065A556, respectively. A summary of the amendment 
documents is provided in Section III of this document.

II. Exemption

    Reproduced below is the exemption document issued to VEGP Units 3 
and 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 July 10, 2013 and supplemented by the letters 
dated August 16, December 11, 2013, and February 3, 2014, 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,'' as part of license amendment request (LAR) 13-
007, ``Turbine Building Battery Room and Electrical Changes'' (LAR 13-
007).
    For the reasons set forth in Section 3.1 of the NRC staff's Safety 
Evaluation, which can be found at ADAMS Accession No. ML14065A565, 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 Tables 2.6.2-1, 2.6.2-2, 
2.6.3-1, and 2.6.3-4 and Figure 2.6.2-1, as described in the licensee's 
request dated July 10, 2013 and supplemented by the letters dated 
August 16, December 11, 2013, and February 3, 2014. This exemption is 
related to, and necessary for the granting of License Amendment No. 18, 
which is being issued concurrently with this exemption.
    3. As explained in Section 5 of the NRC staff's Safety Evaluation 
(ADAMS Accession No. ML14065A565), 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 April 2, 2014.

III. License Amendment Request

    By letter dated March 15, 2013 (ADAMS Accession No. ML13077A072), 
and supplemented by a letter dated April 11, 2013 (ADAMS Accession No. 
ML13101A370), the licensee requested that the NRC amend the COLs for 
VEGP Units 3 and 4. The licensee replaced the March 15, 2013 and April 
11, 2013 letters in their entirety with a letter dated July 10, 2013 
(ADAMS Accession No. ML13192A216). The proposed license amendment 
request would depart from the plant-specific DCD Tier 1 and Tier 2 
material by making changes to the Non-Class 1E DC and EDS and Class 1E 
DC and IDS and making changes to the corresponding Tier 1 information 
in Appendix C to the Combined License.

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    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 54287). 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. 
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 July 10, 2013, and supplemented by letters dated August 
16, December 11, 2013 and February 3, 2014. The exemption and amendment 
were issued on April 2, 2014 as part of a combined package to the 
licensee (ADAMS Accession No. ML14065A534).

    Dated at Rockville, Maryland, this 23rd day of April 2014.

    For the Nuclear Regulatory Commission.
Lawrence J. Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2014-09879 Filed 4-29-14; 8:45 am]
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