[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17081-17083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07277]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2015-0074]


Vogtle Electric Generating Station, Units 3 and 4; Southern 
Nuclear Operating Company; Annex Building Structure and Layout 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. 27 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 granting of the exemption allows the changes to Tier 1 
information requested 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-2015-0074 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:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0074. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#b6f5d7c4d9da98f1d7dadad7d1ded3c4f6d8c4d598d1d9c0"><span class="__cf_email__" data-cfemail="c98aa8bba6a5e78ea8a5a5a8aea1acbb89a7bbaae7aea6bf">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 <a href="/cdn-cgi/l/email-protection#6d1d091f431f081e02181f0e082d031f0e430a021b"><span class="__cf_email__" data-cfemail="5f2f3b2d712d3a2c302a2d3c3a1f312d3c71383029">[email protected]</span></a>. The 
ADAMS accession number for each document referenced (if it 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 22, 2014 (ADAMS Accession No. ML14234A423). The licensee revised 
this request by letter dated September 23, 2014 (ADAMS Accession No. 
ML14266A656), and supplemented the request by letters dated October 30 
and November 6, 2014 (ADAMS Accession Nos. ML14303A660 and ML14310A831, 
respectively).
    <bullet> 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.

[[Page 17082]]


FOR FURTHER INFORMATION CONTACT: Chandu Patel, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-3025; email: <a href="/cdn-cgi/l/email-protection#03406b626d67762d536277666f436d71602d646c75"><span class="__cf_email__" data-cfemail="d695beb7b8b2a3f886b7a2b3ba96b8a4b5f8b1b9a0">[email protected]</span></a>.

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. 27 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:
    (a) Installation of an additional non-safety-related battery;
    (b) Revision to the annex building internal configuration by 
converting a shift turnover room to a battery room, adding an 
additional battery equipment room, and moving a fire area wall;
    (c) Increase in the height of a room in the annex building; and
    (d) Increase in thicknesses of certain annex building floor slabs.
    In addition, the proposed changes also include reconfiguring 
existing rooms and related room, wall, and access path changes and 
making changes to the corresponding Tier 1 information in appendix C to 
the Combined Licenses.
    These changes were necessary as part of structural and layout 
design modifications to the annex building.
    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. ML14323A649.
    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). The exemption documents for VEGP Units 3 and 
4 can be found in ADAMS under Accession Nos. ML14323A623 and 
ML14323A629, 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. ML14323A635 and 
ML14323A640, 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 Unit 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 22, 2014, and revised by letter dated 
September 23, 2014, and supplemented by letters dated October 30 and 
November 6, 2014, the licensee requested from the Commission an 
exemption from the provisions of 10 CFR part 52, appendix D, Section 
III.B, as part of license amendment request 13-038, ``Annex Building 
Structure and Layout Changes'' (LAR-13-038).
    For the reasons set forth in Section 3.1, ``Evaluation of 
Exemption,'' of the NRC staff's Safety Evaluation, which can be found 
in ADAMS under Accession No. ML14323A649, 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 
departures from the certified Design Control Document Tier 1, Table 
3.3-1, ``Definition of Wall Thickness for Nuclear Island Buildings, 
Turbine Building, and Annex Building,'' and Figure 3.3-11A, ``Annex 
Building Plan View at Elevation 100'-0'' (sensitive unclassified non-
safeguards information (SUNSI)). The proposed changes include non-
system based design descriptions and other detailed information related 
to these design descriptions and associated ITAAC, such changes to 
concrete floor thicknesses, annex building wall location descriptions, 
and the interior configuration of the annex building as described in 
the licensee's request dated August 22, 2014, and revised by letter 
dated September 23, 2014, and supplemented by letters dated October 30 
and November 6, 2014. This exemption is related to, and necessary for 
the granting of License Amendment No. 27, which is being issued 
concurrently with this exemption.
    3. As explained in Section 3.1, ``Evaluation of Exemption,'' of the 
NRC staff's Safety Evaluation (ADAMS Accession No. ML14323A649), 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 December 23, 2014.

III. License Amendment Request

    By letter dated August 22, 2014, and revised by letter dated 
September 23, 2014, and supplemented by letters dated October 30 and 
November 6, 2014, the licensee requested that the NRC amend the COLs 
for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The proposed amendment 
would depart from Tier 2 material previously incorporated into the 
Updated Final Safety Evaluation Report (UFSAR). Additionally, these 
Tier 2 changes involve changes to Tier 1 Information in the UFSAR, and 
the proposed amendment would also revise the associated material that 
has been included in Appendix C of each of the VEGP, Units 3 and 4 
COLs. The requested amendment would revise the Tier 2 UFSAR information 
by revising UFSAR to (1) install an additional non-safety-related 
battery; (2) revise the annex building internal configuration; (3) 
increase the height of Containment Filtration Room A (Room 40551) by 4 
feet from elevation (EL.) 146'-3'' to 150'-3''; and (4) increase 
concrete thicknesses from 6 inches to 8 inches in a number of floor 
slabs.
    Additionally, the licensee proposed consistency and editorial 
changes to Tier 1 Table 3.3-1, as well as the corresponding information 
in Appendix C. These changes were necessary as part of a design 
modification to the structure and layout of the annex building.

[[Page 17083]]

    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 October 14, 2014 (79 FR 61662). The September 23, 2014, 
application revision, and the October 30 and November 6, 2014, 
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. 
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 22, 2014, and revised by letter dated September 23, 
2014, and supplemented by letters dated October 30 and November 6, 
2014. The exemption and amendment were issued on December 23, 2014 as 
part of a combined package to the licensee (ADAMS Accession No. 
ML14323A609).

    Dated at Rockville, Maryland, this 23rd day of March 2015.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2015-07277 Filed 3-30-15; 8:45 am]
BILLING CODE 7590-01-P


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